Title FAM — California Fam. Code

Upon a showing of good cause, the court may order a parent required to make a payment of child support to give reasonable security for the payment. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

If obligations for support of a child are discharged in bankruptcy, the court may make all proper orders for the support of the child that the court determines are just. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) An order for child support issued or modified pursuant to this chapter shall include a provision requiring the obligor and child support obligee to notify the other parent or, if the order requires payment through an agency designated under Title IV-D of the Social Security A…

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.

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.

(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.

(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.

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.

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.

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).

(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…

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 suppor…

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 of…

(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 purpos…

(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…

Notwithstanding any other law, in any proceeding where the court has made an order requiring the payment of child support and the child support is subsequently assigned to the county pursuant to Section 11477 of the Welfare and Institutions Code or the support obligor or obligee …

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 the obligor’s right to have an attorney present at the meeting.

(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 t…

(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…

(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…

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.

“Child support obligee” as used in this chapter means either the parent, guardian, or other person to whom child support has been ordered to be paid or the local child support agency designated by the court to receive the payment. The local child support agency is the “child supp…

Except as provided in this section, this chapter: (a) Does not apply to a temporary child support order. (b) Applies to an application for modification of child support filed on or after January 1, 1992, but this chapter does not constitute the basis for the modification. (c) App…

The Judicial Council shall promulgate such rules of court and publish such related judicial forms as the Judicial Council determines are necessary and appropriate to implement this chapter. In taking these steps, the Judicial Council shall ensure the uniform statewide application…

Nothing in this chapter shall be construed to permit any action or omission by the state or any of its political subdivisions that would place the state in noncompliance with any requirement of federal law, including, but not limited to, the state reimbursement requirements of Pa…

This chapter applies notwithstanding any other law. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(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 …