{"id":414,"date":"2019-11-01T19:13:54","date_gmt":"2019-11-01T19:13:54","guid":{"rendered":"https:\/\/sacramentofamilylawlawyers.com\/?page_id=414"},"modified":"2019-11-01T19:13:54","modified_gmt":"2019-11-01T19:13:54","slug":"guideline","status":"publish","type":"page","link":"https:\/\/sacramentofamilylawlawyers.com\/child-support\/guideline\/","title":{"rendered":"Guideline"},"content":{"rendered":"\n<h1 class=\"wp-block-heading\">Guideline Child Support<\/h1>\n\n\n\n<p>Courts no longer have broad discretion in ordering child support since the statewide uniform guideline was implemented. The guideline embodies the state\u2019s strong public policy in favor of adequate child support. Under this guideline, courts are required to <a href=\"https:\/\/sacramentofamilylawlawyers.com\/child-support\/calculation\/\">calculate child support<\/a> according to a mathematical formula based on the parents\u2019 income and custodial time with the children. The amount established by the formula is considered the correct amount of child support to be ordered. <\/p>\n\n\n\n<p>Due to the existence of a uniform formula, the determination of a child support obligation is now a highly regulated area of law, and many <a href=\"https:\/\/sacramentofamilylawlawyers.com\/child-support\/\">family law attorneys specialize in child support<\/a>. Although courts are generally stripped of broad discretion, they may still exercise discretion but only to the extent provided by statute or law. <\/p>\n\n\n\n<p>The\nguideline applies to any of the following orders the court can make: <\/p>\n\n\n\n<ul><li>Permanent Child Support<\/li><li>Temporary Child Support<\/li><li>Expedited Child Support<\/li><li>Modification of an existing\norder for child support<\/li><li>Family Support<\/li><\/ul>\n\n\n\n<p>Family support, in this case, refers to combined child and spousal support. <\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Principles in Implementing the Guideline<\/h2>\n\n\n\n<p>In implementing the Statewide Uniform Guideline, the court is specifically directed to adhere to the following <a href=\"https:\/\/sacramentodivorce.us\/child-support\/policy\/\">principles<\/a>: <\/p>\n\n\n\n<ul><li>A parent\u2019s first and\nprincipal obligation is to support his or her minor children according to the\nparent\u2019s circumstances and station in life.<\/li><li>Parents are naturally\nresponsible for their children\u2019s support. <\/li><li>The guideline must take into\naccount each parent\u2019s actual income and level of responsibility towards the\nchildren.<\/li><li>The children\u2019s interests are\nthe state\u2019s top priority<\/li><li>Children should share in\nboth parents\u2019 standard of living, and the child support may appropriately\nimprove the standard of living of the custodial household to improve the\nchildren\u2019s lives.<\/li><li>Child support orders in\ncases in which both parents have high levels of responsibility for the children\nshould reflect the increased costs of raising the children in two homes and\nshould minimize significant disparities in the children\u2019s living standards in\nthe two homes. <\/li><li>Children\u2019s financial needs\nshould be met through private financial resources as much as possible. <\/li><li>A parent who has primary\nphysical responsibility for the children is presumed to contribute a\nsignificant portion of available resources for the children\u2019s support. <\/li><li>The intent of this guideline\nis to encourage fair and efficient settlements of conflicts between parents and\nto minimize litigation.<\/li><li>Child support orders should\nensure that the children receive fair, timely and sufficient support that\nreflects the state\u2019s high standard of living and high costs of raising children\ncompared to other states.<\/li><li>This guideline enjoys a\npresumption of correctness in all cases. Only under special circumstances\nshould child support orders fall below the amount of support mandated by the\nguideline formula. <\/li><\/ul>\n\n\n\n<p>Child support is different from <a href=\"https:\/\/sacramentofamilylawlawyers.com\/spousal-support\/\">spousal support<\/a> in the sense that it must reflect a minor\u2019s child\u2019s right to be maintained in a lifestyle and condition consonant with a parent\u2019s position in society after the dissolution of the marriage. For example, when a parent is wealthy, the children\u2019s needs are measured by the parent\u2019s current station in life, not just the basic needs of the child. <\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Hardship Deduction<\/h2>\n\n\n\n<p>A\nparent may be experiencing extreme financial hardship caused by extraordinary\nhealth expenses or uninsured catastrophic loss. In cases like this, the court\nmay allow for a hardship deduction from the parent\u2019s net disposable income. This\nis one of the few instances when a court may exercise its discretion. <\/p>\n\n\n\n<p>The court may also allow for a hardship deduction when the financial hardship is caused by an obligation to support children from other marriages or relationships who reside with the parent. The court may allow a hardship deduction for these expenses after deducting the hardship deduction for extraordinary health expenses or uninsured catastrophic losses. <\/p>\n\n\n\n<p>In\nconsidering whether or not to allow a hardship deduction, the court must be\nguided by the goals sought to be achieved by the Statewide Uniform Guideline.\nIf the court allows a deduction for hardship expenses, it must state the\nreasons supporting the deduction in writing or on the record and must document\nthe amount of the deduction and the underlying facts and circumstances. The\ncourt must also specify the duration of the deduction whenever possible. <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Guideline Child Support Courts no longer have broad discretion in ordering child support since the statewide uniform guideline was implemented. The guideline embodies the state\u2019s strong public policy in favor of adequate child support. Under this guideline, courts are required to calculate child support according to a mathematical formula based on the parents\u2019 income and [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":16,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"_links":{"self":[{"href":"https:\/\/sacramentofamilylawlawyers.com\/wp-json\/wp\/v2\/pages\/414"}],"collection":[{"href":"https:\/\/sacramentofamilylawlawyers.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/sacramentofamilylawlawyers.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/sacramentofamilylawlawyers.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/sacramentofamilylawlawyers.com\/wp-json\/wp\/v2\/comments?post=414"}],"version-history":[{"count":2,"href":"https:\/\/sacramentofamilylawlawyers.com\/wp-json\/wp\/v2\/pages\/414\/revisions"}],"predecessor-version":[{"id":416,"href":"https:\/\/sacramentofamilylawlawyers.com\/wp-json\/wp\/v2\/pages\/414\/revisions\/416"}],"up":[{"embeddable":true,"href":"https:\/\/sacramentofamilylawlawyers.com\/wp-json\/wp\/v2\/pages\/16"}],"wp:attachment":[{"href":"https:\/\/sacramentofamilylawlawyers.com\/wp-json\/wp\/v2\/media?parent=414"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}