Does the Family Code Guidelines need to be more flexible in dealing with disabled adult children and their parents?

California, United States of America


The following excerpt is from Marriage of Drake, In re, 53 Cal.App.4th 1139, 62 Cal.Rptr.2d 466 (Cal. App. 1997):

Nonetheless, we do not agree that the guidelines are fatally inflexible with respect to the special circumstances of disabled adult children and their parents. Generally speaking, when any assumption operating through the guideline formula produces an "unjust or inappropriate" result "due to special circumstances in the particular case," Family Code section 4057 "effectively vests trial courts with considerable discretion to approach unique cases on an ad hoc basis. [Citation.]" (County of Lake v. Antoni (1993) 18 Cal.App.4th 1102, 1106, 22 Cal.Rptr.2d 804; see also Estevez v. Superior Court (1994) 22 Cal.App.4th 423, 430-431, 27 Cal.Rptr.2d 470.) [53 Cal.App.4th 1158] We therefore conclude

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