Title FAM, California Fam. Code

(a) (1) Commencing July 1, 2000, the department shall pay only those county claims for federal or state reimbursement under this division which are filed with the department within nine months of the end of the calendar quarter in which the costs are paid. A claim filed after tha…

(a) The Department of Child Support Services, in consultation with the State Department of Social Services, shall establish regulations by which the local child support agency, in any case of separation or desertion of a parent from a child that results in aid under Chapter 2 (co…

(a) (1) The State Department of Social Services, in consultation with the Department of Child Support Services, shall promulgate regulations by which the county child welfare department, in any case of separation or desertion of a parent or parents from a child that results in fo…

(a) Any appropriation made available in the annual Budget Act for the purposes of augmenting funding for local child support agencies in the furtherance of their revenue collection responsibilities shall be subject to all of the following requirements: (1) Each local child suppor…

On or before March 1, 2019, and annually thereafter, the department shall submit a report to the Legislature providing information on the status of all of the following: (a) Case-to-staff ratios for each local child support agency. (b) Collections to families and recoupment colle…

(a) The department shall establish and operate a statewide compromise of arrears program pursuant to which the department may accept offers in compromise of child support arrears and interest accrued thereon owed to the state for reimbursement of aid paid pursuant to Chapter 2 (c…

In adopting the statewide uniform guideline provided in this article, it is the intention of the Legislature to ensure that this state remains in compliance with federal regulations for child support guidelines. (Repealed and added by Stats. 1993, Ch. 219, Sec. 138. Effective Jan…

The court shall adhere to the statewide uniform guideline and may depart from the guideline only in the special circumstances set forth in this article. (Repealed and added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)

(a) The statewide uniform guideline, as required by federal regulations, shall apply in any case in which a child has more than two parents. The court shall apply the guideline by dividing child support obligations among the parents based on income and amount of time spent with t…

In implementing the statewide uniform guideline, the courts shall adhere to the following principles: (a) A parent’s first and principal obligation is to support the parent’s minor children according to the parent’s circumstances and station in life. (b) Both parents are mutually…

(a) The Judicial Council shall periodically review the statewide uniform guideline to recommend to the Legislature appropriate revisions. (b) The review shall include all of the following: (1) Economic data on the cost of raising children. (2) Labor market data, such as unemploym…

(a) The statewide uniform guideline for determining child support orders is as follows: CS = K[HN - (H%)(TN)]. (b) (1) The components of the formula are as follows: (A) CS = child support amount. (B) K = amount of both parents’ income to be allocated for child support as set fort…

(a) To comply with federal law, the court shall state, in writing or on the record, the following information whenever the court is ordering an amount for support that differs from the statewide uniform guideline formula amount under this article: (1) The amount of support that w…

(a) The amount of child support established 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 rebuttable presumption affecting the burden of proof and may be …

(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 th…

(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, intere…

The annual net disposable income of each parent shall be computed by deducting from the parent’s annual gross income the actual amounts attributable to the following items or other items permitted under this article: (a) The state and federal income tax liability resulting from t…

The monthly net disposable income shall 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 …

The amounts in Section 4062 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 in proportion to the parents’ …

(a) The court shall order the following as additional child support: (1) Childcare costs, if those expenses are actually incurred, related to employment or to reasonably necessary education or training for employment skills, as described in Section 4063, unless those costs are sp…

(a) When making an order pursuant to subdivision (a) of Section 4062, the court shall: (1) Advise each parent, in writing or on the record, of the parent’s rights and liabilities, including financial responsibilities. (2) Include in its order the time period for a parent to reimb…

The court may adjust the child support order as appropriate to accommodate seasonal or fluctuating income of either parent. (Repealed and added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)

(a) Unless prohibited by applicable 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 o…

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 …

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 …

(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 physi…

The establishment of the statewide uniform guideline constitutes a change of circumstances. (Amended (as added by Stats. 1993, Ch. 219, Sec. 138) by Stats. 1993, Ch. 1156, Sec. 5. Effective January 1, 1994.)

If a parent is experiencing extreme financial hardship due to justifiable 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 circu…

(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 par…

(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, t…

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. (Added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)

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. (Added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)…

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). (Added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)

(a) When the court is requested to modify a child support order issued prior to July 1, 1992, 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…

The Department of Child Support Services and the Judicial Council shall meet and confer, no later than November 21, 2022, and each entity shall submit its own report to the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review and the Assembly and Sena…

(a) Except as provided in subdivision (b) or in Article 3 (commencing with Section 4565), every order or judgment to pay child support may also require the payment by the child support obligor of up to one year’s child support or such lesser amount as is equal to the child suppor…

If a child support security deposit is ordered, the court shall order that the moneys be deposited by the child support obligor in an interest-bearing account with a state or federally chartered commercial bank, a trust company authorized to transact trust business in this state,…

The court shall also order that evidence of the deposit shall be provided by the child support obligor in the form specified by the court, which shall be served upon the child support obligee and filed with the court within a reasonable time specified by the court, not to exceed …

An account established pursuant to this chapter shall be dissolved and any remaining funds in the account shall be returned to the support obligor, with any interest earned thereon, upon the full payment and cessation of the child support obligation as provided by court order or …

(a) (1) The court may issue any of the orders described in Article 1 (commencing with Section 6320) after notice and a hearing. When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize …

(a) If the parties are married to each other and no other child support order exists or if there is a presumption under Section 7611 that the respondent is the natural father of a minor child and the child is in the custody of the petitioner, after notice and a hearing, the court…

(a) After notice and a hearing, the court may issue any of the following orders: (1) An order that restitution be paid to the petitioner for loss of earnings and out-of-pocket expenses, including, but not limited to, expenses for medical care and temporary housing, incurred as a …

(a) After notice and a hearing, the court may issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period. (b) The order…

(a) After notice and a hearing, the court may issue an order requiring the restrained party to participate in a batterer’s program approved by the probation department as provided in Section 1203.097 of the Penal Code. (b) (1) Commencing July 1, 2016, if the court orders a restra…

(a) After notice and a hearing, a court, upon request, shall issue an order for the payment of attorney’s fees and costs for a prevailing petitioner. (b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorney’s fees and costs for a pre…

(a) In the discretion of the court, the personal conduct, stay-away, and residence exclusion orders contained in a court order issued after notice and a hearing under this article may have a duration of not more than five years, subject to termination or modification by further o…