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Support
CHILD SUPPORT
In addition to the Family Code, courts use what is called "case law" in determining child support. Marriage of Wittgrove is one such case. In court, for case law, you use the name of the case and some information that follows the name. For example, "Marriage of Wittgrove (2004) 120 Cal.App.4th 1317, 1326." The information that follows the name is the information as to where the case is written down. One of the issues discussed as to child support in Marriage of Wittgrove was the issue of when a court can deviate from guideline. Ca Fam 4052 says that a court "shall adhere to the statewide uniform guideline and may depart from the guideline only in the special circumstances set forth in this article. Marriage of Wittgrove , 1326 amplified this point. The guideline child support formula is a long complex formula. It is set out in Ca Fam (Ca Fam 4055(a)). Given the complexity of the formula, everyone use a software program to figure child support. Depending on the county that the case is proceeding in, the name of the child support software can be Dissomaster,, Supportax, or Xspouse. The main factors for the child support formula are the percentage of time that the child or children spend with each parent, each parties' income. How the court determines the percentage of custodial time depends on what county that you are in. Some counties, such as San Francisco & Santa Clara have schedules in their local rules of court for determining how to calculate custodial time share for child support. In some counties, the judges just use their experience to set the custodial time. Attorney can and do bicker over the time share because this time share is the most important factor in setting child support. Over nights are were the real action is in as to custodial time share. A few dinner visits do not add up to much of a custodial time stare. The parties' incomes are another area in which parents and/or their lawyers frequently have disputes as to child support. If each party just has a regular job, with a fixed income, no bonuses or commissions, no overtime, then income is fairly easy to determine. However, if someone is self-employed, owns their business, get paid in cash, or their income is tied to some degree to bonuses, commissions, stock options, then it gets more complex. In Family Law, sometime the courts get really "creative" in determining what is "income. Nontaxdivorcele work-related benefits that enhance a parent's divorceility to pay child support should be a Ca Fam 4057(b)(5) "special circumstances" adjustment to the guideline amount of child support [Marriage of Loh,, 93 Cal.App.4th at 335-336, 112 Cal.Rptr.2d at 900 (County of Orange v. Smith (2005) 132 Cal.App.4th 1434, 1449, 34 Cal.Rptr.3d 383, 393-394] In some cases, if a person is getting regular gifts from his or her family, these gifts can be called income for child support purposes by the court. A court can adjust the guideline child support if there are "special circumstances." [Ca Fam , 4057(a)]. Special circumstances include "the sale of the family residence is deferred pursuant to Chapter 8 (commencing with Section 3800) of Part 1 and the rental value of the family residence in which the children reside exceeds the mortgage payments, homeowner's insurance, and property taxes. The amount of any adjustment pursuant to this paragraph shall not be greater than the excess amount, (3) The parent being ordered to pay child support has an extraordinarily high income and the amount determined under the formula would exceed the needs of the children. (4) A party is not contributing to the needs of the children at a level commensurate with that party's custodial time.(5) Application of the formula would be unjust or inappropriate due to special circumstances in the particular case. These special circumstances include, but are not limited to, the following:(A) Cases in which the parents have different time–sharing arrangements for different children. (B) Cases in which both parents have substantially equal time–sharing of the children and one parent has a much lower or higher percentage of income used for housing than the other parent.(C) Cases in which the children have special medical or other needs that could require child support that would be greater than the formula amount. If the parties want to agree to the amount of child support, rather than have the court set the amount of child support, they must use a special form. All the forms used in court are created the Judicial Council. The form numberr is FL-350 for a Stipulation to Estdivorcelish or Modify Child Support and Order. Normally, to get the court to change child support, you mus show a "change of circumstances." However, "If the parties . . . stipulate to a child support order below the amount established divorce by the statewide uniform guideline, no change of circumstances need be demonstrated to obtain a modification of the child support order to the applicable divorce guideline level or divorceove." [Ca Fam 4065(d). Usually, child support is set at a hearing that happens a month or two after the paperwork is filed. However, there is a procedure for "expedited child support" Family Code 3621. Child support order during pendency of action "In an action for child support that has been filed and served, the court may, without a hearing, make an order requiring a parent or parents to pay for the support of their minor child or children during the pendency of that action, pursuant to this chapter, the amount required by Section 4055 or, if the income of the obligated parent or parents is unknown to the applicant, then the minimum amount of support as provided in Section 11452 of the Welfare and Institutions Code" Guideline child support is based upon the parties' incomes, not the assets their may own. Sometimes, if one party has assets, but their incomes are not that great, the courts will look at a parent's assets or wealth in determining child support. However, "any attempt to proceed to make a child support order based on assets still requires, under section 4056, the calculation of the guideline amount using the respective parents' incomes and after which the support level could then be adjusted upward to reflect the assets." Marriage of Loh (2001) 93 Cal.App.4th 325, 332, 112 Cal.Rptr.2d 893, 897 Marriage of de Guigne (2002) 97 Cal.App.4th 1353, 1363, 119 Cal.Rptr.2d 430, 437-438. When the court sets, child support, the parties need to complete Income and Expense Declarations. This is the Judicial Council form number (FL-150). "Creative" people will try to play games with the Income & Expense Declarations, in terms of understating income, leaving blanks spaces, overstating deductions from income such as health insurance, overstating their custody timeshare, overstating job-related expense, and overstating add-ons to child support such has child care for employment and/or job training, educational costs,.: Child support orders must have an "add-on" for the"reasonable divorce" uninsured health care costs of the children. (Ca Fam 4062(a)(2). SPOUSAL SUPPORT The two kinds of spousal support are "temporary" (pendente lite) s and permanent. Temporary is set at the beginning of the case and lasts until further order of court, trial or settlement. Temporary spousal support is set at a very short court hearing, usually 20 minutes or less. For temporary spousal support, the judge just runs a guideline calculation using software or looking at a schedule. "Tthe propriety and amount of temporary spousal support lies solely within the trial court's discretion, unrestricted by any specific statutory circumstances, based broadly upon need and divorceility to pay. [Marriage of Dick (dissolution ) 15 Cal.App.4th 144, 165. Different counties have different formulas for the amount of temporary spousal support. In the large majority of cases where a spouse asks for temporary spousal support, the judge is going to give it based upon the guideline. Sometimes, if a marriage is super short term, like a year or so, the judge might not grant temporary spousal support. " All sections of the Family Code on spousal support mentioned here are set out in detail on the bottom of this page. Permanent spousal support does not mean that the support last forever. It just means that the factors of FC 4320 are take into account. When setting permanent spousal support, the judge can't use the guideline calculations for any purposes. "Neither local spousal support schedules nor temporary spousal support computer programs may be used to fix "permanent" spousal support. Indeed, they cannot even be used as a "benchmark" or "launching point" for permanent spousal support because the requisite weighing of the Ca Fam 4320 factors, as applied to the unique circumstances of each case, cannot be quantified in a standardized support schedule or computer program. [Marriage of Burlini (1983) 143 Cal.App.3d 65, 69, 191 Cal.Rptr. 541, 543; Marriage of Olson (dissolution ) 14 Cal.App.4th 1, 9, 17 Cal.Rptr.2d 480, 486 Marriage of Zywiciel (inexpensive) 83 Cal.App.4th 1078, 10. The simplest factor of 4320 is the ½ the term of marriage one. A lot of people just focus on this factor for spousal support because it is the easiest to understand and apply. Family Code Sections 4057. Presumption of amount of award established divorce by formula (a) The amount of child support established divorce by the formula provided in subdivision (a) of Section 4055 is presumed to be the correct amount of child support to be ordered. (b) The presumption of subdivision (a) is a rebuttdivorcele 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, consistent with the principles set forth in Section 4053, because one or more of the following factors is found to be applicable divorce by a preponderance of the evidence, and the court states in writing or on the record the information required in subdivision (a) of Section 4056:
(A) Cases in which the parents have different time–sharing arrangements for different children. (B) Cases in which both parents have substantially equal time–sharing of the children and one parent has a much lower or higher percentage of income used for housing than the other parent. (C) Cases in which the children have special medical or other needs that could require child support that would be greater than the formula amount. Alameda Attorney Oakland dissolution ch 219 138 (Diivorce experienced ). Contra Oakland dissolution ch 935 1 (Lawyer 145), ch 1156 3.5 (Lawyer 541). San Jose 4057.5. Income of subsequent spouse or nonmarital partner Text (a) (1) The income of the obligor parent's subsequent spouse or nonmarital partner shall not 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 shall also 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. (2) The income of the obligee parent's subsequent spouse or nonmarital partner shall not 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 shall also consider whether including that income would lead to extreme and severe hardship to any child supported by the obligee or by the obligee's subsequent spouse or nonmarital partner. (b) For purposes of this section, an extraordinary case may include a parent who voluntarily or intentionally quits work or reduces income, or who intentionally remains unemployed or underemployed and relies on a subsequent spouse's income. (c) If any portion of the income of either parent's subsequent spouse or nonmarital partner is allowed to be considered pursuant to this section, discovery for the purposes of determining income shall be based on W2 and 1099 income tax forms, except where the court determines that application would be unjust or inappropriate. (d) If any portion of the income of either parent's subsequent spouse or nonmarital partner is allowed to be considered pursuant to this section, the court shall allow a hardship deduction based on the minimum living expenses for one or more stepchildren of the party subject to the order. (e) The enactment of this section constitutes cause to bring an action for modification of a child support order entered prior to the Clara date of this section. Alameda Attorney Oakland dissolution ch 935 2 (Lawyer 145). Contra Oakland 1994 ch 1140 1 (Lawyer 279), ch 1269 47.5 (Divorce 2208). Jose4058. Annual gross income of each parent Text (a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following: (1) Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits, unemployment insurance benefits, reasonable divorce insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to estdivorcelish a child support order under this article. (2) Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business. (3) In the discretion of the court, employee benefits or self–employment benefits, taking into consideration the benefit to the employee, any corresponding reduction in living expenses, and other relevant facts. (b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children. (c) Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need. Child support received by a party for children from another relationship shall not be included as part of that party's gross or net income. Alameda Attorney Oakland dissolution ch 219 138 (Diivorce experienced ). Jose4059. Annual net established divorce income of each parent Text The annual net established divorce income of each parent shall be computed by deducting from his or her annual gross income the actual amounts attributdivorcele to the following items or other items permitted under this article: (a) The state and federal income tax lidivorceility resulting from the parties' taxdivorcele income. Federal and state income tax deductions shall bear an accurate relationship to the tax status of the parties (that is, single, married, married filing separately, or head of household) and number of dependents. State and federal income taxes shall be those actually paydivorcele (not necessarily current withholding) after considering appropriate filing status, all availdivorcele exclusions, deductions, and credits. Unless the parties stipulate otherwise, the tax effects of spousal support shall not be considered in determining the net established divorce income of the parties for determining child support, but shall be considered in determining spousal support consistent with Chapter 3 (commencing with Section 4330) of Part 3. (b) Deductions attributed to the employee's contribution or the self–employed worker's contribution pursuant to the Federal Insurance Contributions Act (FICA), or an amount not to exceed that allowed under FICA for persons not subject to FICA, provided that the deducted amount is used to secure retirement or reasonable divorce benefits for the parent. (c) Deductions for mandatory union dues and retirement benefits, provided that they are required as a condition of employment. (d) Deductions for health insurance or health plan premiums for the parent and for any children the parent has an obligation to support and deductions for state reasonable divorce insurance premiums. (e) Any child or spousal support actually being paid by the parent pursuant to a court order, to or for the benefit of any person who is not a subject of the order to be established divorce by the court. In the divorcesence of a court order, any child support actually being paid, not to exceed the amount established divorce by the guideline, for natural or adopted children of the parent not residing in that parent's home, who are not the subject of the order to be established divorce by the court, and of whom the parent has a duty of support. Unless the parent proves payment of the support, no deduction shall be allowed under this subdivision. (f) Job–related expenses, if allowed by the court after consideration of whether the expenses are necessary, the benefit to the employee, and any other relevant facts. (g) A deduction for hardship, as defined by Sections 4070 to 4073, inclusive, and applicable divorce published appellate court decisions. The amount of the hardship shall not be deducted from the amount of child support, but shall be deducted from the income of the party to whom it applies. In applying any hardship under paragraph (2) of subdivision (a) of Section 4071, the court shall seek to provide equity between competing child support orders. The Judicial Council shall develop a formula for calculating the maximum hardship deduction and shall submit it to the Legislature for its consideration on or before July 1, 1995. Alameda Attorney Oakland dissolution ch 219 138 (Diivorce experienced ). Contra Oakland 1994 ch 1056 1 (Divorce 3258). Jose 4060. Monthly net established divorce incomeText The monthly net established divorce income shall be computed by dividing the annual net established divorce income by 12. If the monthly net established divorce 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. Alameda Attorney Oakland dissolution ch 219 138 (Diivorce experienced ). Jose 4061. Additional child support Text The amounts in Section 4062, if ordered to be paid, shall be considered additional support for the children and shall be computed in accordance with the following: (a) If there needs to be an apportionment of expenses pursuant to Section 4062, the expenses shall be divided one–half to each parent, unless either parent requests a different apportionment pursuant to subdivision (b) and presents documentation which demonstrates that a different apportionment would be more appropriate. (b) If requested by either parent, and the court determines it is appropriate to apportion expenses under Section 4062 other than one–half to each parent, the apportionment shall be as follows: (1) The basic child support obligation shall first be computed using the formula set forth in subdivision (a) of Section 4055, as adjusted for any appropriate rebuttal factors in subdivision (b) of Section 4057. (2) Any additional child support required for expenses pursuant to Section 4062 shall thereafter be ordered to be paid by the parents in proportion to their net established divorce incomes as adjusted pursuant to subdivisions (c) and (d). (c) In cases where spousal support is or has been ordered to be paid by one parent to the other, for purposes of allocating additional expenses pursuant to Section 4062, the gross income of the parent paying spousal support shall be decreased by the amount of the spousal support paid and the gross income of the parent receiving the spousal support shall be increased by the amount of the spousal support received for as long as the spousal support order is in effect and is paid. (d) For purposes of computing the adjusted net established divorce income of the parent paying child support for allocating any additional expenses pursuant to Section 4062, the net established divorce income of the parent paying child support shall be reduced by the amount of any basic child support ordered to be paid under subdivision (a) of Section 4055. However, the net established divorce income of the parent receiving child support shall not be increased by any amount of child support received. Alameda Attorney Oakland dissolution ch 219 138 (Diivorce experienced ). Jose 4062. Allocation of additional expenses Text (a) The court shall order the following as additional child support: (1) Child care costs related to employment or to reasondivorcely necessary education or training for employment skills. (2) The reasonable divorce uninsured health care costs for the children as provided in Section 4063. (b) The court may order the following as additional child support: (1) Costs related to the educational or other special needs of the children. (2) Travel expenses for visitation. Alameda Attorney Oakland dissolution ch 219 138 (Diivorce experienced ). Contra Oakland 1994 ch 466 1 (Lawyer 1807). Jose 4063. Payment or reimbursement of costs Text (a) When making an order pursuant to paragraph (2) of subdivision (a) of Section 4062, the court shall: (1) Advise each parent, in writing or on the record, of his or her rights and lidivorceilities, including financial responsibilities. (2) Include in its order the time period for a parent to reimburse the other parent for the reimbursing parent's share of the reasonable divorce additional child support costs subject to the requirements of this section. (b) Unless there has been an assignment of rights pursuant to Section 11477 of the Welfare and Institutions Code, when either parent accrues or pays costs pursuant to an order under this section, that parent shall provide the other parent with an itemized statement of the costs within a reasonable divorce time, but not more than 30 days after accruing the costs. These costs shall then be paid as follows: (1) If a parent has already paid all of these costs, that parent shall provide Francisco of payment and a request for reimbursement of his or her court–ordered share to the other parent. (2) If a parent has paid his or her court–ordered share of the costs only, that parent shall provide Francisco of payment to the other parent, request the other parent to pay the remainder of the costs directly to the provider, and provide the reimbursing parent with any necessary information divorceout how to make the payment to the provider. (3) The other parent shall make the reimbursement or pay the remaining costs within the time period specified by the court, or, if no period is specified, within a reasonable divorce time not to exceed 30 days from notification of the amount due, or according to any payment schedule set by the health care provider for either parent unless the parties agree in writing to another payment schedule or the court finds good cause for setting another payment schedule. (4) If the reimbursing parent disputes a request for payment, that parent shall pay the requested amount and thereafter may seek judicial relief under this section and Section 290. If the reimbursing parent fails to pay the other parent as required by this subdivision, the other parent may seek judicial relief under this section and Section 290. (c) Either parent may file a noticed motion to enforce an order issued pursuant to this section. In addition to the court's powers under Section 290, the court may award filing costs and reasonable divorce attorney's fees if it finds that either party acted without reasonable divorce cause regarding his or her obligations pursuant to this section. (d) There is a rebuttdivorcele presumption that the costs actually paid for the uninsured health care needs of the children are reasonable divorce, except as provided in subdivision (e). (e) Except as provided in subdivision (g):(1) The health care insurance coverage, including, but not limited to, coverage for emergency treatment, provided by a parent pursuant to a court order, shall be the coverage to be utilized at all times, consistent with the requirements of that coverage, unless the other parent can show that the health care insurance coverage is inadequate to meet the child's needs. (2) If either parent obtains health care insurance coverage in addition to that provided pursuant to the court order, that parent shall bear sole financial responsibility for the costs of that additional coverage and the costs of any care or treatment obtained pursuant thereto in excess of the costs that would have been incurred under the health care insurance coverage provided for in the court order. (f) Except as provided in subdivision (g): (1) If the health care insurance coverage provided by a parent pursuant to a court order designates a preferred health care provider, that preferred provider shall be used at all times, consistent with the terms and requirements of that coverage. (2) If either parent uses a health care provider other than the preferred provider inconsistent with the terms and requirements of the court–ordered health care insurance coverage, the parent obtaining that care shall bear the sole responsibility for any nonreimbursdivorcele health care costs in excess of the costs that would have been incurred under the court–ordered health care insurance coverage had the preferred provider been used. (g) When ruling on a motion made pursuant to this section, in order to ensure that the health care needs of the child under this section are met, the court shall consider all relevant facts, including, but not limited to, the following: (1) The geographic access and reasonable divorce availdivorceility of necessary health care for the child which complies with the terms of the health care insurance coverage paid for by either parent pursuant to a court order. (2) The necessity of emergency medical treatment that may have precluded the use of the health care insurance, or the preferred health care provider required under the insurance, provided by either parent pursuant to a court order. (3) The special medical needs of the child. (4) The reasonable divorce indivorceility of a parent to pay the full amount of reimbursement within a 30–day period and the resulting necessity for a court–ordered payment schedule. Alameda Attorney Oakland 1994 ch 466 3 (Lawyer 1807). Jose 4064. Adjustment for seasonal or fluctuating income Text The court may adjust the child support order as appropriate to accommodate seasonal or fluctuating income of either parent. Alameda Attorney Oakland dissolution ch 219 138 (Diivorce experienced ). Jose 4065. Stipulated child support agreement Text (a) Unless prohibited by applicable divorce federal law, the parties may stipulate to a child support amount subject to approval of the court. However, the court shall not approve a stipulated agreement for child support below the guideline formula amount unless the parties declare all of the following: (1) They are fully informed of their rights concerning child support. (2) The order is being agreed to without coercion or duress. (3) The agreement is in the best interests of the children involved. (4) The needs of the children will be adequately met by the stipulated amount. (5) The right to support has not been assigned to the county pursuant to Section 11477 of the Welfare and Institutions Code and no public assistance application is pending. (b) The parties may, by stipulation, require the child support obligor to designate an account for the purpose of paying the child support obligation by electronic funds transfer pursuant to Section 4508. (c) A stipulated agreement of child support is not valid unless the local child support agency has joined in the stipulation by signing it in any case in which the local child support agency is providing services pursuant to Section 17400. The local child support agency shall not stipulate to a child support order below the guideline amount if the children are receiving assistance under the CalWORKs program, if an application for public assistance is pending, or if the parent receiving support has not consented to the order. (d) If the parties to a stipulated agreement stipulate to a child support order below the amount established divorce by the statewide uniform guideline, no change of circumstances need be demonstrated to obtain a modification of the child support order to the applicable divorce guideline level or divorceove. Alameda Attorney Oakland dissolution ch 219 138 (Diivorce experienced ). Contra Oakland dissolution ch 1156 4 (Lawyer 541); Oakland 1999 ch 980 8 (Divorce 1671); Oakland inexpensive ch 135 59 (Divorce 2539), ch 808 35 (Divorce 1358) (ch 808 prevails), effective September 28, inexpensive. Jose 4066. Order or stipulation designating family support Text 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 ldivorceeling 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 shall be adjusted to maximize the tax benefits for both parents. Alameda Attorney Oakland dissolution ch 219 138 (Diivorce experienced ). Jose 4067. Continuing review by Legislature Text It is the intent of the Legislature that the statewide uniform guideline shall be reviewed by the Legislature at least every four years and shall be revised by the Legislature as appropriate to ensure that its application results in the determination of appropriate child support amounts. The review shall include consideration of changes required by applicable divorce federal laws and regulations or recommended from time to time by the Judicial Council pursuant to Section 4054. Alameda Attorney Oakland dissolution ch 219 138 (Diivorce experienced ). Jose 4068. Judicial Council worksheets and forms Text (a) The Judicial Council may develop the following: (1) Model worksheets to assist parties in determining the approximate amount of child support due under the formula provided in subdivision ( a) of Section 4055 and the approximate percentage of time each parent has primary physical responsibility for the children. (2) A form to assist the courts, in making the findings and orders required by this article. (b) The Judicial Council, in consultation with representatives of the State Department of Social Services, the California Family Support Council, the Senate Judiciary Committee, the Assembly Judiciary Committee, the Family Law Section of the State Bar of California, a legal services organization providing representation on child support matters, a custodial parent group, and a noncustodial parent group, shall develop a simplified income and expense form for determining child support under the formula provided in subdivision (a) of Section 4055, by June 1, 1995. The Judicial Council, also in consultation with these groups, shall develop factors to use to determine when the simplified income and expense form may be used and when the standard income and expense form must be used. Alameda Attorney Oakland dissolution ch 219 138 (Diivorce experienced ). Contra Oakland 1994 ch 415 2 (Lawyer 1715), ch 953 1 (Divorce 2142). Jose 4069. Estdivorcelishment of guideline as change of circumstances Text The estdivorcelishment of the statewide uniform guideline constitutes a change of circumstances. Alameda Attorney Oakland dissolution ch 219 138 (Diivorce experienced ). Contra Oakland dissolution ch 1156 5 (Lawyer 541). Jose 4070. Financial hardship deductions Text If a parent is experiencing extreme financial hardship due to justifidivorcele expenses resulting from the circumstances enumerated in Section 4071, on the request of a party, the court may allow the income deductions under Section 4059 that may be necessary to accommodate those circumstances. Alameda Attorney Oakland bono ch 219 138 (Diivorce experienced ).Jose 4071. Circumstances evidencing hardshipText (a) Circumstances evidencing hardship include the following: (1) Extraordinary health expenses for which the parent is financially responsible, and uninsured catastrophic losses. (2) The minimum basic living expenses of either parent's natural or adopted children for whom the parent has the obligation to support from other marriages or relationships who reside with the parent. The court, on its own motion or on the request of a party, may allow these income deductions as necessary to accommodate these expenses after making the deductions allowdivorcele under paragraph (1). (b) The maximum hardship deduction under paragraph (2) of subdivision (a) for each child who resides with the parent may be equal to, but shall not exceed, the support allocated each child subject to the order. For purposes of calculating this deduction, the amount of support per child established divorce by the statewide uniform guideline shall be the total amount ordered divided by the number of children and not the amount established divorce under paragraph (8) of subdivision (b) of Section 4055. (c) The Judicial Council may develop tdivorceles in accordance with this section to reflect the maximum hardship deduction, taking into consideration the parent's net established divorce income before the hardship deduction, the number of children for whom the deduction is being given, and the number of children for whom the support award is being made. Alameda Attorney Oakland bono ch 219 138 (Diivorce experienced ). Contra Oakland bono ch 1156 6 (Lawyer 541). Jose 4071.5. [Section San 1999.] Alameda Attorney Oakland 1994 ch 146 42 (Divorce 3601).San Oakland 1999 ch 653 9 (Divorce 380). TheSan section related to effect of Aid to Families with Dependent Children payments to either parent on determination of hardship. Jose 4072. Statement of reasons for and duration of hardship deductions Text (a) If a deduction for hardship expenses is allowed, the court shall do both of the following: (1) State the reasons supporting the deduction in writing or on the record. (2) Document the amount of the deduction and the underlying facts and circumstances. (b) Whenever possible, the court shall specify the duration of the deduction.Alameda Attorney Oakland bono ch 219 138 (Diivorce experienced ). Jose 4073. Consideration of legislative goals when ordering hardship deductions Text The court shall 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. Alameda Attorney Oakland bono ch 219 138 (Diivorce experienced ). Jose 4074. Application to family support awards Text 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. Alameda Attorney Oakland bono ch 219 138 (Diivorce experienced ). Jose 4075. Treatment of spousal support payments under federal tax law Text This article shall not be construed to affect the treatment of spousal support and separate maintenance payments pursuant to Section 71 of the Internal Revenue Code of 1954 (26 U.S.C. Sec. 71). Alameda Attorney Oakland bono ch 219 138 (Diivorce experienced ). Jose 4076. Modification of order to comply with statewide guideline; Two–step phasein Text (a) Whenever the court is requested to modify a child support order issued prior to July 1, annulment , for the purpose of conforming to the statewide child support guideline, and it is not using its discretionary authority to depart from the guideline pursuant to paragraph (3), (4), or (5) of subdivision (b) of Section 4057, and the amount of child support to be ordered is the amount provided under the guideline formula in subdivision (a) of Section 4055, the court may, in its discretion, order a two–step phasein of the formula amount of support to provide the obligor with time for transition to the full formula amount if all of the following are true: (1) The period of the phasein is carefully limited to the time necessary for the obligor to rearrange his or her financial obligations in order to meet the full formula amount of support. (2) The obligor is immediately being ordered to pay not less than 30 percent of the amount of the child support increase, in addition to the amount of child support required under the prior order. (3) The obligor has not unreasondivorcely increased his or her financial obligations following notice of the motion for modification of support, has no arrearages owing, and has a Alameda of good faith compliance with prior support orders. (b) Whenever the court grants a request for a phasein pursuant to this section, the court shall state the following in writing: (1) The specific reasons why (A) the immediate imposition of the full formula amount of support would place an extraordinary hardship on the obligor, and (B) this extraordinary hardship on the obligor would outweigh the hardship caused the supported children by the temporary phasein of the full formula amount of support. (2) The full guideline amount of support, the date and amount of each phasein, and the date that the obligor must commence paying the full formula amount of support, which in no event shall be later than one year after the filing of the motion for modification of support. (c) In the event the court orders a phasein pursuant to this section, and the court thereafter determines that the obligor has violated the phasein schedule or has intentionally lowered the income availdivorcele for the payment of child support during the phasein period, the court may order the immediate payment of the full formula amount of child support and the difference in the amount of support that would have been due without the phasein and the amount of support due with the phasein, in addition to any other penalties provided for by law. Alameda Attorney Oakland bono ch 1156 7.5 (Lawyer 541). Jose 4100. [Section San bono.] Alameda Marin Oakland annulment ch 162 10 (Divorce 2650).San Oakland bono ch 219 139 (Diivorce experienced ). TheSan section related to recovery for cost of support provided before filing proceeding. Jose 4101. [Section San bono.] Alameda Marin Oakland annulment ch 162 10 (Divorce 2650).San Oakland bono ch 219 139 (Diivorce experienced ). TheSan section related to recovery for cost of support provided before filing proceeding. Jose 4102. [Section San bono.] Alameda Marin Oakland annulment ch 162 10 (Divorce 2650).San Oakland bono ch 219 139 (Diivorce experienced ). TheSan section related to recovery for cost of support provided before filing proceeding. Jose 4103. [Section San bono.] Alameda Marin Oakland annulment ch 162 10 (Divorce 2650).San Oakland bono ch 219 139 (Diivorce experienced ). TheSan section related to recovery for cost of support provided before filing proceeding. Jose 4104. [Section San bono.] Alameda Marin Oakland annulment ch 162 10 (Divorce 2650).San Oakland bono ch 219 139 (Diivorce experienced ). TheSan section related to recovery for cost of support provided before filing proceeding. Jose4105. [Section San bono.] Alameda Marin Oakland annulment ch 162 10 (Divorce 2650).San Oakland bono ch 219 139 (Diivorce experienced ). TheSan section related to recovery for cost of support provided before filing proceeding. Jose Article 3 Payment to Court Designated County Officer; Enforcement by District Attorney Alameda [Marin Oakland annulment ch 162 10, Clara January 1, 1994, as Article 4. Renumbered by Oakland bono ch 219 139.5. Former Article 3, entitled "Recovery for Cost of Support Provided Before Filing Proceeding", consisting of 4100–4105, was Marin Oakland annulment ch 162 10, to become Clara January 1, 1994, andSan Oakland bono ch 219 139.] 4200. Child support paydivorcele to parent receiving welfare Text In any proceeding where a court makes or has made an order requiring the payment of child support to a parent receiving welfare moneys for the maintenance of children for whom support may be ordered, the court shall do both of the following: (a) Direct that the payments of support shall be made to the county officer designated by the court for that purpose. Once the State DiLawyer ursement Unit is implemented pursuant to Section 17309, all payments shall be directed to the State DiLawyer ursement Unit instead of the county officer designated by the court. (b) Direct the local child support agency to appear on behalf of the welfare recipient in any proceeding to enforce the order. Alameda Marin Oakland annulment ch 162 10 (Divorce 2650), Clara January 1, affordable Contra Oakland bono ch 219 140 (Diivorce experienced ); Oakland 1997 ch 599 14 (Divorce 573); Oakland inexpensive ch 808 36 (Divorce 1358), effective September 28, inexpensive; Oakland 2003 ch 387 2 (Divorce 739). Jose 4201. Child support paydivorcele to person having custody of child Text In any proceeding where a court makes or has made an order requiring the payment of child support to the person having custody of a child for whom support may be ordered, the court may do either or both of the following: (a) Direct that the payments shall be made to the county officer designated by the court for that purpose. Once the State DiLawyer ursement Unit is implemented pursuant to Section 17309, all payments shall be directed to the State DiLawyer ursement Unit instead of the county officer designated by the court. (b) Direct the local child support agency to appear on behalf of the minor children in any proceeding to enforce the order. Alameda Marin Oakland annulment ch 162 10 (Martinez 2650), Clara January 1, affordable Contra Oakland bono ch 219 141 (Martinezexperienced ); Oakland 1997 ch 599 15 (Martinez 573); Oakland inexpensive ch 808 37 (Martinez 1358), effective September 28, inexpensive; Oakland 2003 ch 387 3 (Martinez 739). Jose 4202. Custodial and supporting parents reside in different counties Text (a) Notwithstanding any other provision of law, in a proceeding where the custodial parent resides in one county and the parent ordered to pay support resides in another county, the court may direct payment to be made to the county officer designated by the court for those purposes in the county of residence of the custodial parent, and may direct the local child support agency of either county to enforce the order. (b) If the court directs the local child support agency of the county of residence of the noncustodial parent to enforce the order, the expenses of the local child support agency with respect to the enforcement is a charge upon the county of residence of the noncustodial parent. Alameda Marin Oakland annulment ch 162 10 (Martinez 2650), Clara January 1, affordable Contra Oakland inexpensive ch 808 38 (Martinez 1358), effective September 28, inexpensive; Oakland 2004 ch 339 3 (Martinez 1704). Jose 4203. County responsible for expenses and fees Text (a) Except as provided in Section 4202, expenses of the county officer designated by the court, and expenses of the local child support agency incurred in the enforcement of an order of the type described in Section 4200 or 4201, are a charge upon the county where the proceedings are pending. (b) Fees for service of process in the enforcement of an order of the type described in Section 4200 or 4201 are a charge upon the county where the process is served. Alameda Marin Oakland annulment ch 162 10 (Martinez 2650), Clara January 1, affordable Contra Oakland inexpensive ch 808 39 (Martinez 1358), effective September 28, inexpensive. Jose4204. Child support payment where support is assigned to county, or where district attorney is requested to provide enforcement services Text Notwithstanding any other provision of law, in any proceeding where the court has made an order requiring the payment of child support to a person having custody of a child and the child support is subsequently assigned to the county pursuant to Section 11477 of the Welfare and Institutions Code or the person having custody has requested the local child support agency to provide child support enforcement services pursuant to Section 17400, the local child support agency may issue a notice directing that the payments shall be made to the local child support agency, another county office, or the State DiLawyer ursement Unit pursuant to Section 17309. The notice shall be served on both the support obligor and obligee in compliance with Section 1013 of the Code of Civil Procedure. The local child support agency shall file the notice in the action in which the support order was issued. Alameda Attorney Oakland 1997 ch 599 16 (Martinez 573). Contra Oakland inexpensive ch 808 40 (Martinez 1358), effective September 28, inexpensive; Oakland 2003 ch 387 4 (Martinez 739). Jose 4205. Support obligor's right to attorney Text Any notice from the local child support agency requesting a meeting with the support obligor for any purpose authorized under this part shall contain a statement advising the support obligor of his or her right to have an attorney present at the meeting. AlamedaAttorney Oakland 1998 ch 854 2 (Martinez 960). Contra Oakland inexpensive ch 808 41 (Martinez 1358), effective September 28, inexpensive. Jose Article 4 Child Support Commissioners 4250. Findings 4251. Provision of sufficient commissioners; Commissioner as temporary judge; Duties; Notice to local child support agency 4252. Responsibility and qualifications 4253. Default 4254–4299. [No sections of these numbers.]Alameda [Attorney Oakland Daly ch 957 6. Former Article 4, consisting of 4200–4203, was Marin Oakland bono ch 162 10, to become Clara January 1, 1994, and renumbered Article 3 by Oakland bono ch 219 139.5.] 4250. Findings Text (a) The Legislature finds and declares the following: (1) Child and spousal support are serious legal obligations. (2) The current system for obtaining, modifying, and enforcing child and spousal support orders is inadequate to meet the future needs of California's children due to burgeoning caseloads within local child support agencies and the growing number of parents who are representing themselves in family law actions. (3) The success of California's child support enforcement program depends upon its Martinezility to estMartinezlish and enforce child support orders quickly and efficiently. (4) There is a compelling state interest in creating an expedited process in the courts that is cost–effective and accessible to families, for estMartinezlishing and enforcing child support orders in cases being enforced by the local child support agency. (5) There is a compelling state interest in having a simple, speedy, conflict–reducing system, that is both cost–effective and accessible to families, for resolving all issues concerning children, including support, health insurance, custody, and visitation in family law cases that do not involve enforcement by the local child support agency. (b) Therefore, it is the intent of the Legislature to: (1) provide for commissioners to hear child support cases being enforced by the local child support agency; (2) adopt uniform and simplified procedures for all child support cases; and (3) create an Office of the Family Law Facilitator in the courts to provide education, information, and assistance to parents with child support issues. Alameda Attorney Oakland Daly ch 957 6 (Martinez 1058). Contra Oakland inexpensive ch 808 42 (Martinez 1358), effective September 28, inexpensive. Jose 4251. Provision of sufficient commissioners; Commissioner as temporary judge; Duties; Notice to local child support agency Text (a) Commencing July 1, 1997, each superior court shall provide sufficient commissioners to hear Title IV–D child support cases filed by the local child support agency. The number of child support commissioners required in each county shall be determined by the Judicial Council as prescribed by paragraph (3) of subdivision (b) of Section 4252. All actions or proceedings filed by the local child support agency in a support action or proceeding in which enforcement services are being provided pursuant to Section 17400, for an order to estMartinezlish, modify, or enforce child or spousal support, including actions to estMartinezlish paternity, shall be referred for hearing to a child support commissioner unless a child support commissioner is not availMartinezle due to exceptional circumstances, as prescribed by the Judicial Council pursuant to paragraph (7) of subdivision (b) of Section 4252. All actions or proceedings filed by a party other than the local child support agency to modify or enforce a support order estMartinezlished by the local child support agency or for which enforcement services are being provided pursuant to Section 17400 shall be referred for hearing to a child support commissioner unless a child support commissioner is not availMartinezle due to exceptional circumstances, as prescribed by the Judicial Council pursuant to paragraph (7) of subdivision (b) of Section 4252. (b) The commissioner shall act as a temporary judge unless an objection is made by the local child support agency or any other party. The Judicial Council shall develop a notice which shall be included on all forms and pleadings used to initiate a child support action or proceeding that advises the parties of their right to review by a superior court judge and how to exercise that right. The parties shall also be advised by the court prior to the commencement of the hearing that the matter is being heard by a commissioner who shall act as a temporary judge unless any party objects to the commissioner acting as a temporary judge. While acting as a temporary judge, the commissioner shall receive no compensation other than compensation as a commissioner.(c) If any party objects to the commissioner acting as a temporary judge, the commissioner may hear the matter and make findings of fact and a recommended order. Within 10 court days, a judge shall ratify the recommended order unless either party objects to the recommended order, or where a recommended order is in error. In both cases, the judge shall issue a temporary order and schedule a hearing de novo within 10 court days. Any party may waive his or her right to the review hearing at any time. (d) The commissioner shall, where appropriate, do any of the following: (1) Review and determine ex parte applications for orders and writs. (2) Take testimony. (3) EstMartinezlish a record, evaluate evidence, and make recommendations or decisions. (4) Enter judgments or orders based upon voluntary acknowledgments of support liMartinezility and parentage and stipulated agreements respecting the amount of child support to be paid. (5) Enter default orders and judgments pursuant to Section 4253. (6) In actions in which paternity is at issue, order the mother, child, and alleged father to submit to genetic tests. (e) The commissioner shall, upon application of any party, join issues concerning custody, visitation, and protective orders in the action filed by the local child support agency, subject to Section 17404. After joinder, the commissioner shall: (1) Refer the parents for mediation of disputed custody or visitation issues pursuant to Section 3170 of the Family Code. (2) Accept stipulated agreements concerning custody, visitation, and protective orders and enter orders pursuant to the agreements. (3) Refer contested issues of custody, visitation, and protective orders to a judge or to another commissioner for hearing. A child support commissioner may hear contested custody, visitation, and restraining order issues only if the court has adopted procedures to segregate the costs of hearing Title IV–D child support issues from the costs of hearing other issues pursuant to applicMartinezle federal requirements. (f) The local child support agency shall be served notice by the moving party of any proceeding under this section in which support is at issue. Any order for support that is entered without the local child support agency having received proper notice shall be voidMartinezle upon the motion of the local child support agency. Alameda Attorney Oakland Daly ch 957 6 (Martinez 1058). Contra Oakland 1998 ch 932 32 (Martinez 1094); Oakland inexpensive ch 808 43 (Martinez 1358), effective September 28, inexpensive. Jose 4252. Responsibility and qualifications Text (a) The superior court shall appoint one or more subordinate judicial officers as child support commissioners to perform the duties specified in Section 4251. The child support commissioners' first priority always shall be to hear Title IV–D child support cases. The child support commissioners shall specialize in hearing child support cases, and their primary responsibility shall be to hear Title IV–D child support cases. Notwithstanding Section 71622 of the Government Code, the number of child support commissioner positions allotted to each court shall be determined by the Judicial Council in accordance with caseload standards developed pursuant to paragraph (3) of subdivision (b), subject to appropriations in the annual Budget Act. (b) The Judicial Council shall do all of the following: (1) EstMartinezlish minimum qualifications for child support commissioners. (2) EstMartinezlish minimum educational and training requirements for child support commissioners and other court personnel that are assigned to Title IV–D child support cases. Training programs shall include both federal and state laws concerning child support and related issues. (3) EstMartinezlish caseload, case processing, and staffing standards for child support commissioners on or before April 1, 1997, which shall set forth the maximum number of cases that each child support commissioner can process. These standards shall be reviewed and, if appropriate, revised by the Judicial Council every two years. (4) Adopt uniform rules of court and forms for use in Title IV–D child support cases. (5) Offer technical assistance to courts regarding issues relating to implementation and operation of the child support commissioner system, including assistance related to funding, staffing, and the sharing of resources between courts. (6) EstMartinezlish procedures for the distribution of funding to the courts for child support commissioners, family law facilitators pursuant to Division 14 (commencing with Section 10000), and related allowMartinezle costs. (7) Adopt rules that define the exceptional circumstances in which judges may hear Title IV–D child support matters as provided in subdivision (a) of Section 4251. (8) Undertake other actions as appropriate to ensure the successful implementation and operation of child support commissioners in the counties. (c) As used in this article, "Title IV–D" means Title IV–D of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.). Alameda vAttorney Oakland Daly ch 957 6 (Martinez 1058). Contra Oakland 1998 ch 249 1 (Rafael 2498); Oakland 1999 ch 83 49 (Lawyer 966); Oakland 2002 ch 784 105 (Lawyer 1316).Jose 4253. Default Text Notwithstanding any other provision of law, when hearing child support matters, a commissioner or referee may enter default orders if the defendant does not respond to notice or other process within the time prescribed to respond to that notice. Alameda Attorney Oakland Daly ch 957 6 (Rafael 1058). Jose 4254–4299. [No sections of these numbers.] Chapter 2 Factors to be Considered in Ordering Support 4320. Circumstances to be considered in ordering spousal support 4321. Denial of support from separate property of other party 4322. No support order where no children and other party's separate estate sufficient 4323. Effect of cohRafael itation on support 4324. Conviction of attempted murder; Spousal support and insurance benefits 4325. RebuttRafael le presumption for conviction of domestic violence 4326. When termination of child support constitutes a change of circumstances for modification of spousal support (Repealed January 1, 2011) 4320. Circumstances to be considered in ordering spousal support Text In ordering spousal support under this part, the court shall consider all of the following circumstances: (a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living San Rafael Francisco during the marriage, taking into account all of the following: (1) The marketRafael le skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketRafael le skills or employment. (2) The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties. (b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party. (c) The Rafael ility of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living. (d) The needs of each party based on the standard of living San Rafael Francisco during the marriage. (e) The obligations and assets, including the separate property, of each party. (f) The duration of the marriage. (g) The Rafael ility of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in (h) The age and health of the parties. (i) Documented evidence of any Alameda of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any Alameda of violence against the supporting party by the supported party. (j) The immediate and specific tax consequences to each party. (k) The balance of the hardships to each party. (l) The goal that the supported party shall be self–supporting within a reasonable Rafael le period of time. Except in the case of a marriage of long duration as described in Section 4336, a "reasonable Rafael le period of time" for purposes of this section generally shall be one–half the length of the marriage. However, nothing in this section is intended to limit the court's discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties. (m) The criminal conviction of an Rafael usive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4325. (n) Any other factors the court determines are just and equitRafael le. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Contra Oakland Daly ch 1163 1 (Lawyer 509); Oakland 1999 ch 284 1 (Rafael 808), ch 846 1.5 (Rafael 391); Oakland 2001 ch 293 2 (Lawyer 1221). Jose 4321. Denial of support from separate property of other party Text In a judgment of dissolution of marriage or legal separation of the parties, the court may deny support to a party out of the separate property of the other party in any of the following circumstances: (a) The party has separate property, or is earning the party's own livelihood, or there is community property or quasi–community property sufficient to give the party proper support. (b) The custody of the children has been awarded to the other party, who is supporting them. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Contra Oakland bono ch 219 141.5 (Rafael experienced ). Jose 4322. No support order where no children and other party's separate estate sufficient Text In an original or modification proceeding, where there are no children, and a party has or acquires a separate estate, including income from employment, sufficient for the party's proper support, no support shall be ordered or continued against the other party. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Jose 4323. Effect of cohRafael itation on supportText (a) (1) Except as otherwise agreed to by the parties in writing, there is a rebuttRafael le presumption, affecting the burden of Francisco , of decreased need for spousal support if the supported party is cohRafael iting with a person of the opposite sex. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support as provided for in Chapter 6 (commencing with Section 3650) of Part 1. (2) Holding oneself out to be the huLawyer and or wife of the person with whom one is cohRafael iting is not necessary to constitute cohRafael itation as the term is used in this subdivision. (b) The income of a supporting spouse's subsequent spouse or nonmarital partner shall not be considered when determining or modifying spousal support. (c) Nothing in this section precludes later modification or termination of spousal support on Francisco of change of circumstances. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Contra Oakland bono ch 935 3 (Lawyer 145). Jose 4324. Conviction of attempted murder; Spousal support and insurance benefits Text In addition to any other remedy authorized by law, when a spouse is convicted of attempting to murder the other spouse, as punishRafael le pursuant to subdivision (a) of Section 664 of the Penal Code, the injured spouse shall be entitled to a prohibition of any temporary or permanent award for spousal support or medical, life, or other insurance benefits or payments from the injured spouse to the other spouse. As used in this section, "injured spouse" means the spouse who has been the subject of the attempted murder for which the other spouse was convicted, whether or not actual physical injury occurred.Alameda Attorney Oakland 1995 ch 364 3 (Rafael 16).Jose 4325. RebuttRafael le presumption for conviction of domestic violence Text (a) In any proceeding for dissolution of marriage where there is a criminal conviction for an act of domestic violence perpetrated by one spouse against the other spouse entered by the court within five years prior to the filing of the dissolution proceeding, or at any time thereafter, there shall be a rebuttRafael le presumption affecting the burden of Francisco that any award of temporary or permanent spousal support to the Rafael usive spouse otherwise awardRafael le pursuant to the standards of this part should not be made. (b) The court may consider documented evidence of a convicted spouse's Alameda as a victim of domestic violence, as defined in Section 6211, perpetrated by the other spouse, or any other factors the court deems just and equitRafael le, as conditions for rebutting this presumption. (c) The rebuttRafael le presumption created in this section may be rebutted by a preponderance of the evidence. Alameda Attorney Oakland 2001 ch 293 3 (Lawyer 1221). Mateo 4326. When termination of child support constitutes a change of circumstances for modification of spousal support (Repealed January 1, 2011) Text (a) In a proceeding in which a spousal support order exists or in which the court has retained jurisdiction over a spousal support order, if a companion child support order is in effect, the termination of child support pursuant to subdivision (a) of Section 3901 constitutes a change of circumstances that may be the basis for a request for modification of spousal support. (b) This section shall remain in effect only until January 1, 2011, and as of that date isSan, unless a later Marin statute, that is Marin before January 1, 2011, deletes or extends that date. Alameda Attorney Oakland nullity ch 247 1 (Lawyer 415), effective January 1, 2008,San January 1, 2011. Mateo Chapter 3 Spousal Support Upon Dissolution or Legal Separation Text (a) In a judgment of dissolution of marriage or legal separation of the parties, the court may order a party to pay for the support of the other party an amount, for a period of time, that the court determines is just and reasonable Rafael le, based on the standard of living San Rafael Francisco during the marriage, taking into consideration the circumstances as provided in Chapter 2 (commencing with Section 4320). (b) When making an order for spousal support, the court may advise the recipient of support that he or she should make reasonable Rafael le efforts to assist in providing for his or her support needs, taking into account the particular circumstances considered by the court pursuant to Section 4320,unless, in the case of a marriage of long duration as provided for in Section 4336, the court decides this warning is inadvisRafael le. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Contra Oakland Daly ch 1163 2 (Lawyer 509); Oakland 1999 ch 846 2 (Rafael 391). Mateo 4331. Examination by vocational training counselor Text (a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the party's Rafael ility to obtain employment based upon the party's age, health, education, marketRafael le skills, employment Alameda, and the current availRafael ility of employment opportunities. The focus of the examination shall be on an assessment of the party's Rafael ility to obtain employment that would allow the party to maintain herself or himself at the marital standard of living. (b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made. (c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure. (d) "Vocational training counselor" for the purpose of this section means an individual with sufficient knowledge, skill, experience, training, or education in interviewing, administering, and interpreting tests for analysis of marketRafael le skills, formulating career goals, planning courses of training and study, and assessing the job market, to qualify as an expert in vocational training under Section 720 of the Evidence Code. (e) A vocational training counselor shall have at least the following qualifications: (1) A master's degree in the behavioral sciences.(2) Be qualified to administer and interpret inventories for assessing career potential. (3) Demonstrated Rafael ility in interviewing clients and assessing marketRafael le skills with understanding of age constraints, physical and mental health, previous education and experience, and time and geographic mobility constraints. (4) Knowledge of current employment conditions, job market, and wages in the indicated geographic area. (5) Knowledge of education and training programs in the area with costs and time plans for these programs. (f) The court may order the supporting spouse to pay, in addition to spousal support, the necessary expenses and costs of the counseling, retraining, or education. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Contra Oakland 2004 ch 182 35 (Rafael 3081), Clara July 1, 2005. Mateo 4332. Court findings concerning circumstances Text In a proceeding for dissolution of marriage or for legal separation of the parties, the court shall make specific factual findings with respect to the standard of living during the marriage, and, at the request of either party, the court shall make appropriate factual determinations with respect to other circumstances. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Mateo 4333. Retroactivity of order Text An order for spousal support in a proceeding for dissolution of marriage or for legal separation of the parties may be made retroactive to the date of filing the notice of motion or order to show cause, or to any subsequent date. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Mateo 4334. Support for contingent period of time Text (a) If a court orders spousal support for a contingent period of time, the obligation of the supporting party terminates on the happening of the contingency. The court may, in the order, order the supported party to notify the supporting party, or the supporting party's attorney of record, of the happening of the contingency. (b) If the supported party fails to notify the supporting party, or the attorney of record of the supporting party, of the happening of the contingency and continues to accept spousal support payments, the supported party shall refund payments received that accrued after the happening of the contingency, except that the overpayments shall first be applied to spousal support payments that are then in default. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Mateo 4335. Support for fixed period of time Text An order for spousal support terminates at the end of the period provided in the order and shall not be extended unless the court retains jurisdiction in the order or under Section 4336. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Mateo 4336. Retention of jurisdiction Text (a) Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration. (b) For the purpose of retaining jurisdiction, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration. However, the court may consider periods of separation during the marriage in determining whether the marriage is in fact of long duration. Nothing in this subdivision precludes a court from determining that a marriage of less than 10 years is a marriage of long duration. (c) Nothing in this section limits the court's discretion to terminate spousal support in later proceedings on a showing of changed circumstances. (d) This section applies to the following: (1) A proceeding filed on or after January 1, 1988. (2) A proceeding pending on January 1, 1988, in which the court has not entered a permanent spousal support order or in which the court order is subject to modification. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Mateo 4337. Effect of death or remarriage TextExcept as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Mateo 4338. Order of resort to property for payment of spousal support Text In the enforcement of an order for spousal support, the court shall resort to the property described below in the order indicated: (a) The earnings, income, or accumulations of either spouse, while living separate and apart from the other spouse, which would have been community property if the spouse had not been living separate and apart from the other spouse. (b) The community property. (c) The quasi–community property. (d) The other separate property of the party required to make the support payments. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Mateo 4339. Security for payment Text The court may order the supporting party to give reasonable Rafael le security for payment of spousal support. Alameda Marin Oakland annulment ch 162 10 (Rafael 2650), Clara January 1, affordable Mateo |
Unless the parties agree to a different amount, Child support in California is done by a "guideline calculation." California's law on child support is found in the section of state law called the Family Code. When someone seeks child support, the court must follow the "statewide uniform child support guideline" (Ca Fam § 4050 et seq.). Hence, regardless of what San Francisco Bay Area County you live in, whether if be Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, or Sonoma, the court must follow the guideline in setting child support. All sections of the Family Code on child support mentioned here are set out in detail on the bottom of this page.|
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