26
Apr

California requires child support amount to be set as guideline. Family Code § 4052. In layman’s terms, “guideline” means utilizing the Dissomaster software to input each parent’s income, the timeshare percentage for each child and any tax deduction or other applicable factors.  In all child support orders or judgments that has a child support order, it is necessary to include proper language regarding guideline and also to include the Dissomaster calculation for the court.  The parents must declare that they are fully informed of their rights concerning child support, that they agreed to the order without coercion or duress, that the agreement is in the best interests of the children, that the needs of the children will be adequately met by the stipulated amount, and that the right to support has not been assigned to the county.

When the parties agree child support is to be set below guideline, they must also include specific language to state that the amount of guideline child support has been rebutted by the factors as set forth in Family Code § 4057.  If child support is below guideline, either parent can modify child support any time without making any showing to the court. Family Code § 4065. However, when child support is set above guideline, the court requires a party to show a “material change in circumstances” to modify child support.

Understanding how to calculate child support, the requisite language for a child support order, as well as the burden to modify a support order is crucial in family law cases.