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Child Support: The Statewide Uniform Child Support Guideline Factors - What Courts Consider in Setting Child Support
Contributed by:Razai Law Firm

In determining the appropriate amount of child support (whether in an initial or permanent order or modification of an existing order), all California courts must adhere to the "statewide uniform child support guideline." The Court will consider the following factors when setting the child support order:

(a) - Support duty commensurate with parents' economic circumstances: "A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life." Fam.C. § 4053(a).

(b) - Mutual support duty: "Both parents are mutually responsible for the support of their children." Fam.C. § 4053(b).

(c) - Formula reflects income and responsibility: "The guideline takes into account each parent's actual income and level of responsibility for the children." Fam.C. § 4053(c).

(d) - Obligation tied to ability to pay: "Each parent should pay for the support of the children according to his or her ability." Fam.C. § 4053(d).

(e) - Child's interests of paramount importance: "The guideline seeks to place the interests of the children as the state's top priority." Fam.C. § 4053(e).

(f) - Award to reflect parents' standard of living-even if custodial parent incidentally benefits: "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." Fam.C. § 4053(f).

(g) - Award to reflect increased household costs because of time-sharing; equalized household standards of living: "Child support orders in cases in which both parents have high levels of responsibility for the children should reflect the increased costs of raising the children in two homes and should minimize significant disparities in the children's living standards in the two homes." Fam.C. § 4053(g).

(h) - Priority on "private" funding of child support: "The financial needs of the children should be met through private financial resources as much as possible." Fam.C. § 4053(h).

(i) - Presumptive support contributions by primary caretaker: "It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children." Fam.C. § 4053(i).

(j) - Settlements favored: "The guideline seeks to encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation. Fam.C. § 4053(j).

(k) - Formula amount presumptively correct: "The guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formula." Fam.C. § 4053(k).

(l) - Award to reflect State's "high" living standards and child-rearing costs: "Child support orders must ensure that children actually receive fair, timely, and sufficient support reflecting the state's high standard of living and high costs of raising children compared to other states." Fam.C. § 4053(l).

Article contributed by:
Razai Law Firm

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