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  1. #1
    Join Date
    Jan 2008
    Posts
    1,948

    Question How Unusual is Non-Guideline Support

    In CA - the family code says:
    "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:
    ...blah blah blah...
    (4) A party is not contributing to the needs of the children at a
    level commensurate with that party's custodial time."

    The father is supposed to have custody of the child 20% of the time. In 2009 he chose to see the child 14% of the time. In 2010 he has scheduled visitation thru June at less than 5%.
    Is bumping up the CS calculation in order to compensate for the visitation actually exercised something that is a common practice? Or is this just something on the books that judges rarely allow?
    I do not want to try and modify the custody order because I actually want the father to actually see the child more, not try and restrict that time.

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: How Unusual is Non-Guideline Support

    No one has those stats.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Question Re: How Unusual is Non-Guideline Support

    Have you ever seen it in your court room?

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: How Unusual is Non-Guideline Support

    All the time
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  5. #5
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: How Unusual is Non-Guideline Support

    Good to know - thanx for your time!

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