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CALIFORNIA FAMILY CODE
COURT-ORDERED CHILD SUPPORT
REBUTTABLE PRESUMPTIONS AFFECTING SUPPORT
Family Code Section 4057
(a) The amount of child support established by the formula provided in
subdivision (a) of
Section 4055 is presumed to be the correct amount of child support to be ordered.
(b) The presumption of subdivision (a) is a rebuttable presumption affecting
the burden of proof and may be rebutted by admissible evidence showing
that application of the formula would be unjust or inappropriate in the
particular case, consistent with the principles set forth in Section 4053
, because one or more of the following factors is found to be applicable
by a preponderance of the evidence, and the court states in writing or
on the record the information required in subdivision (a) of Section 4056:
(1) The parties have stipulated to a different amount of child support
under subdivision (a) of Section 4065.
(2) The sale of the family residence is deferred pursuant to Chapter 8
Section 3800) of Part 1 and the rental value of the family residence in which the children
reside exceeds the mortgage payments, homeowner's insurance, and property taxes.
The amount of any adjustment pursuant to this paragraph shall not be greater
than the excess amount.
(3) The parent being ordered to pay child support has an extraordinarily
high income and the amount determined under the formula would exceed the
needs of the children.
(4) A party is not contributing to the needs of the children at a level
commensurate with that party's custodial time.
(5) Application of the formula would be unjust or inappropriate due to
special circumstances in the particular case. These 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.
Support Can Be Increased for High Income Families!