How is a deviation from the presumptive guideline calculated?
A deviation from the presumptive guideline for child support in California is done with an individualized review of each parent’s financial means. The court will review the gross incomes of both parents to determine the presumptive guideline for child support. Factors such as earning capacities, obligations of each parent, and certain costs like child care or educational may be taken into consideration. The court may then adjust the child support payments if necessary, depending on the situation. The court will review any reasons for why the payments should be different from the presumptive guideline. Some potential reasons could be a disability, long-term illnesses, extraordinary expenses, or the number of other children from other relationships. To determine the deviation from the presumptive guideline in California, the court will look at the parties’ incomes and their ability to pay. In addition, the court will review the needs of the child and the amount of time the child spends with each parent. The court will also weigh any other factors that may affect the child’s best interest. Ultimately, the court will determine the actual amount of child support to be paid using the income and other factors.
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