Is net disposable income a "key financial factor" in determining child support?

California, United States of America


The following excerpt is from In re the Marriage of David R. & Iris M. Fraser Cheriton, 111 Cal.Rptr.2d 755 (Cal. App. 2001):

As a general proposition, we agree that the "key financial factor in the guideline formula is net disposable income. [Citations.]" (Johnson v. Superior Court, supra, 66 Cal.App.4th at p. 75.) Nevertheless, relevant authority at least suggests that wealth is an appropriate consideration in setting child support. By statute, parents are required to provide child support according to their "ability," their "circumstances and station in life," and their "standard of living." ( 4053, subds. (d), (a), (f).) It is fair to assume that in most cases assets contribute to the ability to provide support. (Compare 4320, subd. (c): For purposes of spousal support, considerations include the "ability to pay of the supporting party, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living." [Italics added.])

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