Areas of Practice
Child Support
By state law, Family Code Section 3900, both parents are obligated to support their children "in the manner suitable to the child's circumstances". This general obligation is also reflected by the Legislature in mandating "guideline" child support in which the courts "shall adhere" to the principles that 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. All minor children are owed this statutory duty of support regardless of the existence of a marriage between the parents. The amount of child support must always be computed in accordance with the statewide uniform child support guideline, an algebraic formula utilizing a variety of factors including each party's income, tax filing status, number of children, custodial timeshare percentage, and many other factors. The guideline is computed by software called "Dissomaster". All child support orders must be accompanied by an immediately-effective earnings assignment order, and, statute requires that the Court "shall require" either or both parents to maintain health insurance coverage for supported children if it is available at reasonable cost to the parent, i.e., group insurance through employment.
There are exceptions to the mandate that the Court implement "guideline" or "Dissomaster" child support reached through the algebraic formula. Those exceptions are where the parents stipulate to an amount either above or below the guideline, or, where one or both of the parents are extraordinarily high earners such that the guideline amount would yield an amount far in excess of the child's needs. There are strict obligations imposed both upon the Court and the parties in cases of exceptions to the guideline. For example, in cases where the parties stipulate to an amount different than the guideline the Court must find what the guideline would be and that parties must acknowledge that they are informed agree that they are fully informed of their rights concerning child support, that the stipulated amount is in the best interest of the minor child, that the stipulation was reached without coercion or duress, that the needs of the minor child will be adequately met, that the right to support has not been assigned to the County, and that no public assistance application is pending.
In the case of an "extraordinarily high earner", the high earner has the burden of proving that the guideline formula is unjust or inappropriate because it exceeds the child's reasonable needs, and that a downward adjustment is consistent with the child's best interests. The high earner must stipulate that he or she has the ability and willingness to pay any reasonable support amount.
Absent an agreement or other circumstances such as an incapacitated adult child, the statutory duty normally terminates when a child reaches age 18, however, as to any unmarried 18-year old child who is a full-time high school student and who is not self-supporting, the duty continues until the child completes the 12th grade or reaches age 19, whichever occurs first. A Judgment for child support is enforceable until paid in full even after the child reaches age 18.