Child support is generally calculated using California’s statewide guideline formula. But the guideline amount may not always align with the circumstances of every family. That’s why parents can request a child support deviation by asking the court to order an amount different from the guideline calculation under California law.
Understanding the rules to calculate child support obligations can help parents determine when a deviation may be appropriate. Factors such as special medical needs, unusual travel expenses, or other qualifying circumstances may support a request for a different amount.
What are the Steps to Request a Child Support Deviation in California?
Requesting a child support deviation generally involves the following steps:
Identify the Reason for the Deviation
Determine what circumstance may justify a child support amount different from the California guideline calculation. The reason should fall within a basis recognized by California law and explain why the standard calculation may not produce an appropriate result.
For example, a child may have unusually high medical or educational expenses that require financial support beyond what the standard calculation provides. Identifying the specific legal basis helps establish why a deviation should be considered.
Gather Financial and Supporting Documents
Collect records that substantiate the circumstances supporting the request. Depending on the situation, these may include:
- Pay records
- Tax documents
- Medical bills
- Childcare invoices
- Receipts
- Travel records
- Other relevant financial documents
For example, if unusually high medical costs form the basis of the request, medical bills and insurance statements can document the amount of those expenses. Complete records give the court evidence it can use to evaluate the request.
Complete the Required Court Forms
Under California Rules of Court, Rule 5.260, to request a non-guideline child support order, you generally use a Request for Order (Form FL-300) along with an Income and Expense Declaration (Form FL-150).
California’s Non-Guideline Child Support Findings Attachment (Form FL-342(A)) is used to document the findings and legal and factual basis for a child support amount that is below or above the statewide guideline.
State the Support Adjustment You Are Requesting
The request should clearly identify how you want the court to depart from the guideline calculation and explain how the proposed amount relates to the circumstances supporting the deviation. This gives the court a specific adjustment to consider rather than a general request for different support.
Serve the Other Parent
After filing the Request for Order, the other parent generally must be properly served with the request and the required documents. California Rules of Court, Rule 5.92(f) sets out the service requirements, including specific rules for requests to modify a judgment or permanent order involving child support.
When requesting a change to an existing child support order, you generally need to provide the other parent with the filed Request for Order and any required accompanying documents using a method permitted under the applicable service rules. Proper service ensures that the other parent receives notice of the request and has an opportunity to respond before the court considers the matter.
Attend the Court Hearing
If the court schedules a hearing, be prepared to answer questions about the requested adjustment and the information submitted with the request. The other parent may also have an opportunity to respond and present evidence.
The judge may ask for clarification about a documented expense or why the proposed support amount differs from the guideline calculation. After considering the evidence and applicable law, the court will decide whether a deviation is appropriate and what support amount should be ordered.
Key Takeaways
- A child support deviation can be requested when the standard guideline amount is not appropriate under the circumstances.
- The parent requesting the deviation should identify a valid reason for seeking a different support amount.
- Financial records and other evidence can help demonstrate why the deviation is necessary.
- Required court forms must be completed accurately and submitted according to the applicable procedures.
- The court makes the final decision after reviewing the circumstances and evidence presented by the parents.
