Family Code - FAM - FAM § 4057

Summary

(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

Text

(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 (commencing with Section 3800) of Part 1 and the rental value of the family residence where 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)
A support obligor qualifies for the low-income adjustment pursuant to paragraph (7) of subdivision (b) of Section 4055 and the amount of child support established by the formula exceeds 50 percent of the support obligor’s net disposable income as defined in Section 4059 after application of the low-income adjustment. The amount of any adjustment pursuant to this paragraph shall not be greater than the amount
exceeding 50 percent of the support obligor’s net disposable income.
(6)
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.
(D)
Cases in which a child is found to have more than two parents.
(c)
If the court is made aware that a parent is subject to multiple court orders to pay child support arising from a different case or cases, the court may take steps to determine how
to allocate the parent’s income and support obligation appropriately across the cases. A court that continues a hearing based on a party’s representation that it will file an appropriate request to modify support in a related case may issue a temporary support order.
(d)
This section shall be operative September 1, 2024.

Retrieval chunks

• #1 | Family Code - FAM - FAM § 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 show…

• #2

  Cases in which the children have special medical or other needs that could require child support that would be greater than the formula amount. (D) Cases in which a child is found to have more than two parents. (c) If the court is made aware that a parent is subject to multiple court orders to pay child support ar…