If you ever have a case in family court, you most likely will encounter the issue of child support. Parents often times want to know how much will be the amount ordered for child support by the family court judge. Before getting to the how much part, it is important for parents to understand why the State of California puts much emphasis regarding the issue of child support when children are involved in a family court case.
California has a strong public policy in favor of adequate child support. That policy is expressed in the statutes under the California Family Codes, 4050 through 4076, or often called the statewide uniformed child support guidelines. The purpose of such guideline child support is to make certain that the interests of children are met given that such interests are of high priority for the state. As one family law case put it, " A parent's first and principal obligation is to support his or her minor children according to the parents' circumstances and station in life. Each parent should pay for the support of the children according to his or her ability." In re Marriage of Cheriton.
Family courts, therefore, are obligated to adhere to the child support guidelines and mathematical formulations provided by the child support statutes.
However, the family courts are also directed to consider the following principles when making child support orders:
- Both parents are mutually responsible for the support of their children;
- The guideline formula takes into account each parent's actual income and level of responsibility for the children;
- Each parent should pay for the support of the children according to his or her ability;
- Children should share in the standard of living of both parents;
- Child support orders in which both parents have high levels of responsibility for the children should reflect the increased costs of raising children in two homes and should minimize significant disparities in the children's living standards in two homes;
- The financial needs of the children should be met through private financial resources as much as possible;
- It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of children;
- The guideline seeks to encourage fair and efficient settlements of conflicts between parents and to minimize the need for litigation;
- The guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formual;
- Child support orders must ensure that children actually receive fair, timely, and sufficient support reflecting the state's high standard of living and high costs of raising children compared to other states.
So you can see and now understand the reason the family courts in California place a high priority when considering orders for child support. Children and their interests are of high priority for family cours. The principles stated above are weighed by family courts when making orders for child support. Family courts will often make child support orders based upon the child support guideline and the above principles. There are times orders for child support can deviate from the child support guideline. If there is any deviation, the court must explain the reason for the devation.
Whenvever you are faced with the need to have child support orders or the need to change or modify a current order, seek the legal help and experience from the Gonzalez Law Firm. Attorney David Gonzalez can review and analyze your current legal issue and advise you accordingly. His offices are located in Santa Ana and Fullerton. He has represented many individuals with their child support issues in the family courts in Orange, Riverside, San Bernardino, and Los Angeles Counties.