What is a deviation from the child support guidelines?
A deviation from the child support guidelines in California is when the court decides that the recommended or “guideline” amount of child support that should be paid does not meet the child’s specific needs. The court has the power to determine that a deviation, or alternate amount of child support, should be paid. The court must take a close look at the specifics of each individual case when making a deviation from the guidelines. They will consider many factors, such as the income level of each parent, the respective financial resources of the parents, any special needs of the child, and the ability of each parent to pay. The court could also decide to deviate from the guidelines based on how much time each parent spends with the child, or if either parent has other dependents. Deviations are not always approved, however. The court’s decision must be fair and reasonable, taking into account the best interests of the child, and any request for a deviation must be carefully explained and supported. The court may not consider unrelated matters, and must explain any deviation from the guideline amount. This helps ensure that child support payments are fair and equitable, and better meets the needs of the child.
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