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Characteristics of Shared-Placement Child Support Formulas Used in the Fifty States - page 34 / 54

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33

Appendix Legal 4

In a case heard by the California Supreme Court in In re Marriage of Denise C. and Kevin C.,25

the lesser-time parent (the father) challenged the application of California’s child support guidelines to his

case. The father, who had custody of his child only 1 percent of the time, was required to pay $1,121

monthly in child support under the guideline calculation. His objection to that award amount was rejected

by the court, which stated that it is “just and proper” that the “presumptive support payment is increased

because the payor parent’s custodial share declines.” The court further explained that “both the fiscal and

non-fiscal burdens of parenthood increase in proportion to the extent they are not shared with another

parent.”

25

In re Marriage of Denise C. and Kevin C., 57 Cal.App.4th 1100, 67 Cal.Rptr.2d 508 (1997).

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