Court-ordered Child Support

Division 9, Part 2, Chapter 2, Article 2 of the Family Code concerns the statewide uniform guideline for court-ordered child support.

Section 4050 expresses the Legislature’s intention, in adopting the statewide uniform guideline provided in this article, to ensure that this state remains in compliance with federal regulations for child support guidelines.

Section 4052 requires the court to adhere to the statewide uniform guideline and may depart from the guideline only in the special circumstances set forth in this article.

Section 4052.5 requires the statewide uniform guideline, pursuant to federal regulations, to apply in any case in which a child has more than two parents. The court is required to apply the guideline by dividing child support obligations among the parents based on income and amount of time spent with the child by each parent.

The court is required to divide child support obligations among the parents in a manner that is just and appropriate based on income and amount of time spent with the child by each parent.

Section 4053 requires the courts, when implementing the statewide uniform guideline, to adhere to the twelve specified principles.

Section 4054 requires the Judicial Council to periodically review the statewide uniform guideline to recommend to the Legislature appropriate revisions. This review must include at least eight specified items of information.

Any recommendations for revisions to the guideline are to be made to ensure that the guideline results in appropriate child support orders, to limit deviations from the guideline, or otherwise to help ensure that the guideline is in compliance with federal law.

Section 4055 specifies that the statewide uniform guideline for determining child support orders is as follows: CS = K[HN – (H%)(TN)]. This formula includes:

CS = child support amount.

K = amount of both parents’ income to be allocated for child support.

HN = high earner’s net monthly disposable income.

H% = approximate percentage of time that the high earner has or will have primary physical responsibility for the children compared to the other parent. In cases in which parents have different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the high earner parent spends with each child.

TN = total net monthly disposable income of both parties.

If the amount calculated under the formula results in a positive number, the higher earner is required to pay that amount to the lower earner. If the amount calculated under the formula results in a negative number, the lower earner pays the absolute value of that amount to the higher earner.

Unless the court orders otherwise, the order for child support allocates the support amount so that the amount of support for the youngest child is the amount of support for one child, and the amount for the next youngest child is the difference between that amount and the amount for two children, with similar allocations for additional children. However, this paragraph does not apply to cases in which there are different time-sharing arrangements for different children or where the court determines that the allocation would be inappropriate in the particular case.

Section 4056 requires the court to state in writing or on the record three specified items of information whenever the court is ordering an amount for support that differs from the statewide uniform guideline formula amount under this article. At the request of any party, the court is also required to state in writing or on the record the four specified items of information used in determining the guideline amount under this article.

Section 4057 specifies that the amount of child support established by the formula is presumed to be the correct amount of child support to be ordered. The presumption is a rebuttable presumption affecting the burden of proof and may be rebutted by admissible evidence showing that application of the formula would be unjust or inappropriate in the particular case because one or more of the specified factors is found to be applicable by a preponderance of the evidence, and the court states in writing or on the record the information required.

Section 4057.5 states that the income of the obligor parent’s subsequent spouse or nonmarital partner is not to be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award, in which case the court also has to consider whether including that income would lead to extreme and severe hardship to any child supported by the obligor or by the obligor’s subsequent spouse or nonmarital partner.

Section 4058 provides that the annual gross income of each parent means income from whatever source derived, and includes, but is not limited to, the specified amounts. In a case when a parent’s annual gross income is unknown, the court mustcconsider the earning capacity of the parent.

When determining the earning capacity of the parent pursuant to this subdivision, the court is required to consider the specific circumstances of the parent, to the extent known. Those circumstances include, but are not limited to, evidence of the parent’s assets, residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work, as well as the local job market, the availability of employers willing to hire the parent, prevailing earnings levels in the local community, and other relevant background factors affecting the parent’s ability to earn.

Section 4059 requires the annual net disposable income of each parent to be computed by deducting from the parent’s annual gross income the actual amounts attributable to the specified items or other items permitted under this article.

Section 4060 requires the monthly net disposable income to be computed by dividing the annual net disposable income by 12. If the monthly net disposable income figure does not accurately reflect the actual or prospective earnings of the parties at the time the determination of support is made, the court may adjust the amount appropriately.

Section 4061 requires specified amount to be considered additional support for the children and be computed in accordance with the specified schedule.

Section 4062 requires the court to order four specified expenses as additional child support.

Section 4063 requires that when making an order, the court is required to do two actions. Also, when either parent accrues or pays costs pursuant to an order under this section, that parent must provide the other parent with an itemized statement of the costs within a reasonable time, but not more than 90 days after accruing the costs. These costs are then paid as specified.

There is a rebuttable presumption that the costs actually paid for the uninsured health care needs of the children and for childcare that is for employment or reasonably necessary for education or training for employment skills are reasonable.

Section 4064 allows the court to adjust the child support order as appropriate to accommodate seasonal or fluctuating income of either parent.

Section 4065 specifies that the parties may stipulate to a child support amount subject to approval of the court. However, the court cannot approve a stipulated agreement for child support below the guideline formula amount unless the parties declare all five specified items.

Section 4066 provides that orders and stipulations otherwise in compliance with the statewide uniform guideline may designate as “family support” an unallocated total sum for support of the spouse and any children without specifically labeling all or any portion as “child support” as long as the amount is adjusted to reflect the effect of additional deductibility. The amount of the order must be adjusted to maximize the tax benefits for both parents.

Section 4067 expresses the intent of the Legislature that the statewide uniform guideline are to be reviewed by the Legislature at least every four years and are to be revised by the Legislature as appropriate to ensure that its application results in the determination of appropriate child support amounts.

Section 4068 authorizes the Judicial Council to develop model worksheets and forms.

Section 4069 states that the establishment of the statewide uniform guideline constitutes a change of circumstances.

Section 4070 provides that, if a parent is experiencing extreme financial hardship due to justifiable expenses resulting from the circumstances enumerated in law, on the request of a party, the court may allow the income deductions that may be necessary to accommodate those circumstances.

Section 4071 specifies two circumstances evidencing hardship. The maximum hardship deduction for each child who resides with the parent may be equal to, but not exceed, the support allocated each child subject to the order.

Section 4072 requires the court, if a deduction for hardship expenses is allowed, to do two specified tasks. And, the court is required to specify the duration of the deduction.

Section 4073 requires the court to be guided by the goals set forth in this article when considering whether or not to allow a financial hardship deduction, and, if allowed, when determining the amount of the deduction.

Section 4074 states that this article applies to an award for the support of children, including those awards designated as “family support,” that contain provisions for the support of children as well as for the support of the spouse.

Section 4075 states that this article is not to be construed to affect the treatment of spousal support and separate maintenance payments.