Hall

Hall v. Hall

Caution
2000 Cal. App. LEXIS 443·2000 Daily Journal DAR 5961·81 Cal. App. 4th 313·96 Cal. Rptr. 2d 772·2000 Cal. Daily Op. Serv. 4463
Court of Appeal of CaliforniaJune 6, 2000No. G023735California3,038 words

Opinion

Lead Opinion

Sills, J.

This is one of those rare “judgment roll” appeals that merits a reversal, essentially because of the rigid structure of California’s child support statutes combined with the requirement that any deviation from formula guidelines be sua sponte articulated by the trial judge. Here, the trial court made a child support order which would require payment of an arbitrary percentage of one parent’s income above a certain level without regard to fluctuations in the other parent’s income. The order differs on its *315 face from the formula guideline set forth in Family Code section 4055, 1 but cannot be saved as an exercise of discretion because the court did not make the requisite statements required by section 4056. That statute is clear that a court cannot exercise its discretion in making a child support order without saying why, either in writing or on the record. In this regard we also elaborate on Justice King’s trenchant remarks in In re Marriage of Fini (1994) 26 Cal.App.4th 1033, 1041 [ 31 Cal.Rptr.2d 749 ] about the importance to the public’s respect for the family courts that judges explain to parents the process by which a child support order has been calculated.

The…

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