In California, the court uses a guideline calculator to determine how much the noncustodial parent should pay in child support. This calculator looks at the parent’s income, tax deductions and the number of children in question, among other factors.
Having a high income can complicate this calculation, and a high-earning coparent may ask to deviate downward from the guideline to reduce their payments.
If you are the custodial parent, a potential reduction in child support can be a significant cause for concern. Below are some crucial things to know if you find yourself in this situation.
Can a high-earning child support payor ask for a reduction in child support?
Yes, your coparent can ask the court to modify the child support agreement for various reasons. For example, they can argue that the child support amount exceeds your child’s needs.
However, if they are earning a high enough income, the situation becomes more complicated. Instead of relying solely on the standard guidelines, the court will carefully examine whether the existing child support amount aligns with the child’s best interests and standard of living.
The court may also consider factors such as the lifestyle the child would have enjoyed if the parents were together, which helps make sure that the child benefits from the financial resources available.
That said, a request for a reduction is possible, but not always feasible.
Can you oppose a request for modification?
Modifying a child support agreement is often difficult. Your coparent will have to provide enough justification to reduce their payments, such as a significant change in their financial situation.
Furthermore, you have the right to oppose their request, especially if it will go against your child’s best interests. But if the court decides that their request is unjustified, you might not even have to formally oppose it.
When should you seek legal guidance?
Generally, the court will set an amount that is fair to both parties and, most importantly, revolves around your child’s best interests. This may lead to your coparent paying more than average, which can be a reason for them to ask for a reduction.
If this happens, consider seeking legal counsel. Having an experienced legal professional by your side can help you uphold your child’s rights and make sure they receive the support they need.