Can I reduce my child support below the guideline amount?

Experienced Bay Area Family Attorneys will tell clients that it is very difficult to reduce child support below the calculated amount. This is because in California, child support is calculated based on income, not expenses.  This can be very frustrating for some clients in high cost of living areas like the Bay Area. Child support guideline calculations are based on the algebraic formula contained in Family Code section 4055, subdivision (a) and the key element of which is each parent's net monthly disposable income.  This figure is computed by totaling “annual gross income” less allowable deductions, and dividing by 12.  

The net disposable income is calculated by deducting from gross income the actual amounts of:
- state and federal income taxes. 
- union dues and retirement benefits, when they are required as a condition of employment. 
- health insurance and health plan premiums, state disability insurance premiums
- hardships found in Family Code Section 4071(extraordinary medical hardships, uninsured catastrophic loss, or support of other minor children not subject to the child support action).   

Unfortunately, there are very few published appellate cases that articulates what could constitute a hardship under 4071 (a)(1). A leading secondary source states that "granting of a hardship deduction is not automatic. The parent must be "experiencing extreme financial hardship" as a result of justifiable expenses of the kinds specifically allowable as hardship deductions". Whether to grant a hardship deduction, as well as the amount of such a deduction, is discretionary. Marriage of Paulin (1996) 46 CA4th 1378 (affirmed trial court's setting of hardship deduction for expenses of father's other children at one half of computer-calculated amount). Any hardship deduction is from the income of the parent to whom it applies, not from the amount of child support to be paid. Fam C §4059(g).

The law has been purposefully vague in these situations, allowing Judge’s maximum discretion when determining what is a hardship.  Bay Area Family Lawyers advise that in these situations, clients should be prepared to demonstrate to the trial court why the claimed expense is “extraordinary” and why it creates an extreme difficulty in paying full formula child support. If you are considering filing for a modification of child support, you can contact me at Amanda@gordonfamilylaw.com for more information.