Child Support: Guidelines & Special Circumstances Deviation

Duty of Child Support: The Guideline and Special Circumstances Deviation

Posted March 10, 2023

Child support is a highly contentious issue in family courts. Parents argue over every detail that could impact the amount of support, whether it is appropriately paid, and for how long it needs to be paid. Sometimes a court’s calculation of child support, based on a formula called the “statewide uniform guideline,” is disputed by a parent as being unjust or inappropriate because of what that parent claims are “special circumstances.”

What is the Statewide Uniform Guideline?

In short, the statewide uniform guideline for determining child support is a mathematical formula that is applied to the relative incomes of the parents. California courts are required to use this formula in every child support case, without exception. This guideline is why the courts also require both parents to submit a form FL-150, Income and Expense Declaration (a critical document in the Declarations of Disclosure of divorce cases), in every case involving child support. Otherwise, the courts would not have the appropriate information to enter into the formula to produce the appropriate amounts for child support payments.

Can the Child Support Guidelines be Disputed?

The guideline calculation of child support is always presumed to be correct when accurate information is entered into the formula. This is true unless a parent can prove that one or more of several specific factors delineated in the Family Code exist that make applying the guideline unjust or inappropriate. One of those factors is whether “special circumstances” exist.

What are Special Circumstances?

California’s Family Code states that special circumstances include, but are not limited to, the following:

(A) Cases in which the parents have different time-sharing arrangements for different children.

(B) Cases in which both parents have substantially equal time-sharing of the children and one parent has a much lower or higher percentage of income used for housing than the other parent.

(C) Cases in which the children have special medical or other needs that could require child support that would be greater than the formula amount.

(D) Cases in which a child is found to have more than two parents.

I italicized and underlined the phrase “but are not limited to” above to emphasize a key principle: the courts have broad discretion to decide what are the special circumstances in each specific case that make the guideline calculation inappropriate in that case.

Is the Court’s discretion to determine “special circumstances” unlimited?

Further Reading » Child Support Modification

Although the courts have this broad discretion to “deviate” from the guideline formula, they cannot abuse that discretion. The courts must adhere to several principles when implementing the guideline, and those principles inform the courts whether the calculation would be unjust or inappropriate in light of the existence of special circumstances.

Some of these principles are included within California Family Code § 4053:

Family Code § 4053(a): “A parent’s first and principal obligation is to support the parent’s minor children according to the parent’s circumstances and station in life.”
Family Code § 4053(d): “Each parent should pay for the support of the children according to the parent’s ability.”
Family Code § 4053(e): “The guideline seeks to place the interests of children as the state’s top priority.”
Family Code § 4053(f): “Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children.”

Using the above principles, our courts have found the guideline unjust and inappropriate in cases where the paying spouse claimed they had little to no income, but the courts found they had highly valued assets that were unproductive, enjoyed a lifestyle showing an extreme disparity as to the lifestyle of the child receiving guideline support, had maintained that same higher-level lifestyle during the marriage of the parents, and had separate property to satisfy the support obligation.

Why you should consult an attorney when you believe special circumstances exist:

Special circumstances in one case may not be considered as special circumstances in another case—context is key. You should not read this article as a direction that you should claim special circumstances in your case. In practice, special circumstances can be challenging to prove, often involving expert analysis and testimony. Frivolous claims, of any type, in family law proceedings, could put you at risk of being sanctioned by a court. If you have concerns about whether special circumstances apply in your case, seek counsel from a qualified attorney to review your specific situation.

It is important to know your rights, responsibilities, and options regarding child support. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.

Child Support

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.