Deviations From Child Support

YR v. AF involved child support for a minor child. The father in this case was a director who earned more than $2,000,000 per year.

FACTUAL BACKGROUND LEADING UP TO THE REQUEST FOR CHILD SUPPORT

The parents of the minor child were never married. The mother requested an order for child support from the father who earned more than $190,000 per month which did not include some of his business expenses.

THE ORDER FOR CHILD SUPPORT

During trial, the father argued that he was an extraordinarily high income earner and for that reason, child support should deviate from the amount identified in the guideline formula. The mother presented evidence in respect to the needs of the minor child. Based upon the father’s income after some business expenses were added back into his income, the amount of guideline child support would be $25,000 per month. The family law judge only awarded $8,500 per month in child support and stated that based upon the expenses identified by the mother the amount would be sufficient for child support. The mother appealed arguing that the court erroneously focused on factors irrelevant to a downward deviation from guideline child support.

APPEAL OF THE ORDER THAT DEVIATED FROM GUIDELINE CHILD SUPPORT

The court of appeals reversed sending the case back to the family court for re-evaluation. It stated that although the family law judge can deviate from guideline child support, when it does so, it must state the amount that the guideline child support order would be, the reasons why the court will not order the guideline amount, and the reasons why the deviated order is in the best interest of the minor child. If the family court fails to identify those factors, the award is in error.

DO YOU NEED HELP WITH ISSUES RELATED TO CHILD SUPPORT?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as child support or any other divorce matter such as legal separation, annulment, custody, spousal support and/or property division, please consider our law office in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
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