In Re Marriage of Denise and Kevin C.

Summary

In this family law action we hold that the curtailment of discretionary expenses of a noncustodial parent is not an “injustice” justifying a child support award lower than required under the “Statewide Uniform Guidelines For Determining Child Support.” We reverse the trial court’s order with directions to enter a new, different support order consistent with the guidelines.

Factual and Procedural Background

Petitioner and appellant Denise C. (Denise) appeals from the trial court’s October 10, 1995, order requiring her former spouse, respondent Kevin C. (Kevin), to pay less monthly child support than presumptively required by the Statewide Uniform Guidelines For Determining Child Support (Guidelines), Family Code section 4055. The couple has two daughters, aged twelve and six at the time of the order appealed from.

The amount of child support required by the Guidelines depends in part on the division of parental custodial responsibility. A noncustodial parent’s support obligation increases as visitation time with the children is reduced.

At the time of the order appealed here, Kevin was spending only minimal time with his daughters. An investigation was under…