What is the test for a judge to order the guideline amount pursuant to section 4055 of the Child Support Guidelines?

California, United States of America


The following excerpt is from Marriage of Bonds, In re, 71 Cal.App.4th 290, 83 Cal.Rptr.2d 783 (Cal. App. 1999):

A decision not to order the guideline amount pursuant to section 4055 is legal error, unless the trial court finds that a special circumstance is present. (In re Marriage of Carter (1994) 26 Cal.App.4th 1024, 1028-1029, 33 Cal.Rptr.2d 1.) The trial court can deviate from the guideline where the supporting parent has an extraordinarily high income, and the guideline amount would exceed the needs of the children. ( 4057, subd. (b)(3); Estevez v. Superior Court (1994) 22 Cal.App.4th 423, 428-431, 27 Cal.Rptr.2d 470.) In this latter situation,

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