Gibbs

Introduction

In California there is a “statewide uniform guideline for determining child support orders.” (Fam. Code, § 4055, subd. (a).) This guideline is an algebraic formula. (Ibid.) The intention of the Legislature in adopting the uniform guideline was “to ensure that this state remains in compliance with federal regulations for child support guidelines.” (§ 4050.) The court may depart from the guideline only in “special circumstances” set forth in the child support statutes. (§4052.) “[W]hen ordering child support the trial court lacks discretion to vary from the presumptively correct amount, calculated by applying the algebraic formula in the statute, unless one or more of the statutorily enumerated rebuttal factors is found to exist.” (In re Marriage of Carter (1994) 26 Cal.App.4th 1024,1026 [ 33 Cal.Rptr.2d 1 ].) Application of the guideline has resulted generally in a “significant increase in the proportion of the payor’s income now ordered for child support. . . (In re Marriage of Fini (1994) 26 Cal.App.4th 1033,1043 [ 31 Cal.Rptr.2d 749 ].)

There is a rebuttable presumption that the statewide uniform guideline formula amount is the correct amount of child…