From: brunner@telebit.com (Eric Brunner)
Subject: SB 370 Section 4721 (a) - (e)
Organization: Telebit Corporation; Sunnyvale, CA, USA
Distribution: na
Date: Mon, 17 Aug 1992 04:34:49 GMT

As before, header boiler-plate omitted. This is the bulk of the calculation
rules, not included are those subsections (f) - (s), which deal with the
mechanics of defining gross income and all the FICA/tax/AFDC/seasonal
adjustments and so forth items affecting determination of HN and TN. 

Note: Hardship deductions are defined seperately in 4722, 4721 (g)(7) does
require that only 4722-rule determined hardships are allowed, with no local
variations, in order to provide equity between competing child support orders.

Sharpen you pencils!

4721. (a) The statewide uniform guideline for determining child
support is as follows:
CS = K [HN - (H%)(TN)].
  (b) (1) The components of the formula are as follows:
    (A) CS = child support ammount.
    (B) K = ammount of income to be allocated for child support as
set forth in paragraph (3).
    (C) HN = high earner's net monthly disposable income.
    (D) H% = percentage of time that high earner has or will
have physical custody of the children compared to the other
parent.
    (E) TN = total net monthly disposable income of both parties.
  (2) To compute net disposable income, see subdivision (g).
  (3) K (amount of income allocated for shild support) equals one
plus H% (if H% is less than or equal to 50 percent) or two minus H%
(if H% is greater than 50 percent) times the following fraction:

Total Net Disposable
Income Per Month			K
$0--800				.20 + TN/16,000
$801--7,000			.25
$7,001-10,000			.20 + 350/TN
$10,000-20,000			.16 + 400/TN
Over $20,000			.12 + 800/TN

  For example, if H% equals 20% and the total monthly net
disposable income of the parents is $1,000, K = (1 + .20) x .25, or .30.
If H% equals 80% and the total monthly net disposable income of the
parents is $1,000, K = (2 - .80) x .25, or .30.
  (4) For more than one child, multiply CS by:

  2 children			1.6
  3 children			2
  4 children			2.3
  5 children			2.5
  6 children			2.625
  7 children			2.75
  8 children			2.813
  9 children			2.844
 10 children			2.86

  (5) If the amount calculated under the formula results in a
positive number, the higher earner shall pay that amount to the
lower earner. If the amount calculated under the formula results in
a negative number, the lower earner shall pay the absolute value of
that amount to the higher earner.
  (6) If the children who are the subject of the child support order
are receiving assistance under the Aid to Families with Dependent
Children program, H% shall be set at zero in the formula.
  (7) In any default proceeding for child support in which a
party fails to appear after being duly noticed, H% shall be set at zero
in the formula for the noncustodial parent where there is no
evidence presented demonstrating the percentage of time that the
noncustodial parent has physical custody of the children.
  (8) Unless the court orders otherwise, the order for child support
shall allocate the support amount so that the amount of support for
the youngest child is the amount of support for one child, and the
amount for the next youngest child is the difference between that
amount and the amount for two children, with similar allocations for
additional children.
  (9) Any other findings required by federal law.
  (d) There shall be a rebuttable presumption affecting the burden
of proof that the amount of child support established by the formula
set forth in subdivision (a) is the correct amount of child support
to be ordered.
  (e) The presumption of subdivision (d) 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 4720, because one or more of the
following factors is found to be applicable by a preponderance of the
evidence, and the court finds in writing or on the record pursuant
to subdivision (c) that the revised amount is in the best interests of
the children:
  (1) The parties have stipulated to a different amount of child
support under subdivision (m).
  (2) The sale of the family residence is deferred pursuant to
Section 4700.10 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) A parent's subsequent spouse or nonmarital partner has
income that helps meet that parent's basic living expenses, thus
increasing the parent's disposable income available to spend on the
children.
  (4) 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.
  (5) A party is not contributing to the needs of the children at a
level comensurate with that party's custodial time.
  (6) Application of the formula would be unjust or inappropriate
due to extraordinary circumstances in the particular case. These
extraordinary circumstances include, but are not limited to, the
following: cases in which the parents have different custody
arrangements for different children; cases in which both parents
have substantially equal custody of the children and one parent has
a much lower or higher percentage of income used for housing than
the other parent; and cases in which the children have special
medical or other needs that could require child support that would
be greater than the formula amount.

Newsgroups: alt.child-support