By law, when people go through a divorce in California, the level of child support is set according to a calculator. That calculator is set to ensure a fair amount of money is paid to support the child, and it is complex, but the law assumes it’s fair. However, people with extremely high incomes may find that the support payments are simply too high for some to consider fair.
According to the law, there is actually something that you can do about this.
Filing for a Section 4056 rebuttal
A rebuttal is a legal filing for you that tells the court that the standard calculator for child support is inappropriate. While we did start with the example of extremely high income, there are actually several reasons for such a feeling:
- Your divorce agreements
- Payment is not equivalent to the time they have with the child
- Special medical needs of the children
- More than two parents found for a child
- Extreme housing costs variance for parents who otherwise jointly share custody
The state’s view of these matters is complex. It allows for a unique approach to support customizable to any individual family.
However, filing for this rebuttal is not simple or direct, and an attorney can help guide you through this process.
Contact a lawyer, call 888-273-7939
Are rebuttals always successful?
If a rebuttal is uncontested, there’s often a significant chance of success. However, if there is an objection to your rebuttal, then the issue becomes far less clear. Any dispute over child support amounts can lead to significant legal difficulty between co-parents. Even a well-meaning change can turn an amicable relationship into a difficult one. It is best to proceed with caution and with help.
Call or text 888-273-7939 or complete a Case Evaluation form
