Legal Question in Family Law in California

Yes, the courts can deviate from guideline support in appropriate circumstances. A parent living off assets is one such circumstance, which is why asset and liability statements and income AND expense statements are required in support proceedings. A person who cliams $20k a year in income and pays a mortgage on a mansion by living off assets is not going to pay support only based on the $20k. Also, income can be imputed based on ability to earn where a parent is choosing not to earn up to their earning capacity. This is a complex and frequently hotly contested area of Family Law, however. I do not recommend you go down this path without an attorney. The burden of proof is on you to get a deviation from guideline support and doing that in a way that is supported by the law and properly admissible evidence is not a place for amateurs.

The bottom line is this. . . Support is based upon INCOME. Assets do NOT equate to income. The court does not force a person to sell assets to pay for support, unless maybe that person has not been paying their support. Of course, though, if he is receiving interest INCOME from his assets, then yes, that INCOME can be used for support. Otherwise, you will get only support from his sources of income.