4050-4076
FAMILY.CODE
SECTION 4050-4076
4050. 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.
4051. This article takes effect on July 1, 1992.
4052. 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.
4053. 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 his or
her minor children according to the parent's circumstances and
station in life.
(b) Both parents are mutually responsible for the support of their
children.
(c) The guideline takes into account each parent's actual income
and level of responsibility for the children.
(d) Each parent should pay for the support of the children
according to his or her ability.
(e) The guideline seeks to place the interests of children as the
state's top priority.
(f) Children should share in the standard of living of both
parents. Child support may therefore appropriately improve the
standard of living of the custodial household to improve the lives of
the children.
(g) Child support orders in cases in which both parents have high
levels of responsibility for the children should reflect the
increased costs of raising the children in two homes and should
minimize significant disparities in the children's living standards
in the two homes.
(h) The financial needs of the children should be met through
private financial resources as much as possible.
(i) It is presumed that a parent having primary physical
responsibility for the children contributes a significant portion of
available resources for the support of the children.
(j) The guideline seeks to encourage fair and efficient
settlements of conflicts between parents and seeks to minimize the
need for litigation.
(k) The guideline is intended to be presumptively correct in all
cases, and only under special circumstances should child support
orders fall below the child support mandated by the guideline
formula.
(l) Child support orders must ensure that children actually
receive fair, timely, and sufficient support reflecting the state's
high standard of living and high costs of raising children compared
to other states.
4054. (a) The Judicial Council shall periodically review the
statewide uniform guideline to recommend to the Legislature
appropriate revisions.
(b) The review shall include economic data on the cost of raising
children and analysis of case data, gathered through sampling or
other methods, on the actual application of the guideline after the
guideline's operative date. The review shall also include an analysis
of guidelines and studies from other states, and other research and
studies available to or undertaken by the Judicial Council.
(c) Any recommendations for revisions to the guideline shall be
made to ensure that the guideline results in appropriate child
support orders, to limit deviations from the guideline, or otherwise
to help ensure that the guideline is in compliance with federal law.
(d) The Judicial Council may also review and report on other
matters, including, but not limited to, the following:
(1) The treatment of the income of a subsequent spouse or
nonmarital partner.
(2) The treatment of children from prior or subsequent
relationships.
(3) The application of the guideline in a case where a payer
parent has extraordinarily low or extraordinarily high income, or
where each parent has primary physical custody of one or more of the
children of the marriage.
(4) The benefits and limitations of a uniform statewide spousal
support guideline and the interrelationship of that guideline with
the state child support guideline.
(5) Whether the use of gross or net income in the guideline is
preferable.
(6) Whether the guideline affects child custody litigation or the
efficiency of the judicial process.
(7) Whether the various assumptions used in computer software used
by some courts to calculate child support comport with state law and
should be made available to parties and counsel.
(e) The initial review by the Judicial Council shall be submitted
to the Legislature and to the Department of Child Support Services on
or before December 31, 1993, and subsequent reviews shall occur at
least every four years thereafter unless federal law requires a
different interval.
(f) In developing its recommendations, the Judicial Council shall
consult with a broad cross-section of groups involved in child
support issues, including, but not limited to, the following:
(1) Custodial and noncustodial parents.
(2) Representatives of established women's rights and fathers'
rights groups.
(3) Representatives of established organizations that advocate for
the economic well-being of children.
(4) Members of the judiciary, district attorney's offices, the
Attorney General's office, and the Department of Child Support
Services.
(5) Certified family law specialists.
(6) Academicians specializing in family law.
(7) Persons representing low-income parents.
(8) Persons representing recipients of assistance under the
CalWORKs program seeking child support services.
(g) In developing its recommendations, the Judicial Council shall
seek public comment and shall be guided by the legislative intent
that children share in the standard of living of both of their
parents.
4055. (a) The statewide uniform guideline for determining child
support orders is as follows: CS = K