reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 8 - Deferred Sale of Home Order › Section 3801.

3801. (a) If one of the parties has requested a deferred sale of home order pursuant to this chapter, the court shall first determine whether it is economically feasible to maintain the payments of any note secured by a deed of trust, property taxes, insurance for the home during the period the sale of the home is deferred, and the condition of the home comparable to that at the time of trial.
(b) In making this determination, the court shall consider all of the following:
(1) The resident parent’s income.
(2) The availability of spousal support, child support, or both spousal and child support.
(3) Any other sources of funds available to make those payments.
(c) It is the intent of the Legislature, by requiring the determination under this section, to do all of the following:
(1) Avoid the likelihood of possible defaults on the payments of notes and resulting foreclosures.
(2) Avoid inadequate insurance coverage.
(3) Prevent deterioration of the condition of the family home.
(4) Prevent any other circumstance which would jeopardize both parents’ equity in the home.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 8 - Deferred Sale of Home Order › Section 3802.

3802. (a) If the court determines pursuant to Section 3801 that it is economically feasible to consider ordering a deferred sale of the family home, the court may grant a deferred sale of home order to a custodial parent if the court determines that the order is necessary in order to minimize the adverse impact of dissolution of marriage or legal separation of the parties on the child.
(b) In exercising its discretion to grant or deny a deferred sale of home order, the court shall consider all of the following:
(1) The length of time the child has resided in the home.
(2) The child’s placement or grade in school.
(3) The accessibility and convenience of the home to the child’s school and other services or facilities used by and available to the child, including child care.
(4) Whether the home has been adapted or modified to accommodate any physical disabilities of a child or a resident parent in a manner that a change in residence may adversely affect the ability of the resident parent to meet the needs of the child.
(5) The emotional detriment to the child associated with a change in residence.
(6) The extent to which the location of the home permits the resident parent to continue employment.
(7) The financial ability of each parent to obtain suitable housing.
(8) The tax consequences to the parents.
(9) The economic detriment to the nonresident parent in the event of a deferred sale of home order.
(10) Any other factors the court deems just and equitable.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 8 - Deferred Sale of Home Order › Section 3803.

3803. A deferred sale of home order shall state the duration of the order and may include the legal description and assessor’s parcel number of the real property which is subject to the order.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 8 - Deferred Sale of Home Order › Section 3804.

3804. A deferred sale of home order may be recorded in the office of the county recorder of the county in which the real property is located.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 8 - Deferred Sale of Home Order › Section 3806.

3806. The court may make an order specifying the parties’ respective responsibilities for the payment of the costs of routine maintenance and capital improvements.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 8 - Deferred Sale of Home Order › Section 3807.

3807. Except as otherwise agreed to by the parties in writing, a deferred sale of home order may be modified or terminated at any time at the discretion of the court.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 8 - Deferred Sale of Home Order › Section 3808.

3808. Except as otherwise agreed to by the parties in writing, if the party awarded the deferred sale of home order remarries, or if there is otherwise a change in circumstances affecting the determinations made pursuant to Section 3801 or 3802 or affecting the economic status of the parties or the children on which the award is based, a rebuttable presumption, affecting the burden of proof, is created that further deferral of the sale is no longer an equitable method of minimizing the adverse impact of the dissolution of marriage or legal separation of the parties on the children.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 8 - Deferred Sale of Home Order › Section 3809.

3809. In making an order pursuant to this chapter, the court shall reserve jurisdiction to determine any issues that arise with respect to the deferred sale of home order including, but not limited to, the maintenance of the home and the tax consequences to each party.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 8 - Deferred Sale of Home Order › Section 3810.

3810. This chapter is applicable regardless of whether the deferred sale of home order is made before or after January 1, 1989.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 9 - Software Used to Determine Support › Section 3830.

3830. (a) On and after January 1, 1994, no court shall use any computer software to assist in determining the appropriate amount of child support or spousal support obligations, unless the software conforms to rules of court adopted by the Judicial Council prescribing standards for the software, which shall ensure that it performs in a manner consistent with the applicable statutes and rules of court for determination of child support or spousal support.
(b) The Judicial Council may contract with an outside agency or organization to analyze software to ensure that it conforms to the standards established by the Judicial Council. The cost of this analysis shall be paid by the applicant software producers and fees therefor shall be established by the Judicial Council in an amount that in the aggregate will defray its costs of administering this section.
(Added by Stats. 1993, Ch. 219, Sec. 129. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 1 - Duty of Parent to Support Child › ARTICLE 1 - Support of Minor Child › Section 3900.

3900. Subject to this division, the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 1 - Duty of Parent to Support Child › ARTICLE 1 - Support of Minor Child › Section 3901.

3901. (a) (1) The duty of support imposed by Section 3900 continues as to an unmarried child who has attained 18 years of age, is a full-time high school student, unless excused pursuant to paragraph (2), and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first.
(2) A child is excused from the requirement to be a full-time high school student for purposes of paragraph (1) if the child has a medical condition documented by a physician that prevents full-time school attendance.
(b) This section does not limit a parent’s ability to agree to provide additional support or the court’s power to inquire whether an agreement to provide additional support has been made.
(Amended by Stats. 2018, Ch. 504, Sec. 2. (AB 3248) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 1 - Duty of Parent to Support Child › ARTICLE 1 - Support of Minor Child › Section 3902.

3902. The court may direct that an allowance be made to the parent of a child for whom support may be ordered out of the child’s property for the child’s past or future support, on conditions that are proper, if the direction is for the child’s benefit.
(Amended by Stats. 1993, Ch. 219, Sec. 131. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 1 - Duty of Parent to Support Child › ARTICLE 2 - Support of Adult Child › Section 3910.

3910. (a) The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means.
(b) Nothing in this section limits the duty of support under Sections 3900 and 3901.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 1 - Duty of Parent to Support Child › ARTICLE 3 - Support of Grandchild › Section 3930.

3930. A parent does not have the duty to support a child of the parent’s child.
(Amended by Stats. 1993, Ch. 219, Sec. 132. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 1 - Duty of Parent to Support Child › ARTICLE 4 - Liability to Others Who Provide Support for Child › Section 3950.

3950. If a parent neglects to provide articles necessary for the parent’s child who is under the charge of the parent, according to the circumstances of the parent, a third person may in good faith supply the necessaries and recover their reasonable value from the parent.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 1 - Duty of Parent to Support Child › ARTICLE 4 - Liability to Others Who Provide Support for Child › Section 3951.

3951. (a) A parent is not bound to compensate the other parent, or a relative, for the voluntary support of the parent’s child, without an agreement for compensation.
(b) A parent is not bound to compensate a stranger for the support of a child who has abandoned the parent without just cause.
(c) Nothing in this section relieves a parent of the obligation to support a child during any period in which the state, county, or other governmental entity provides support for the child.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 1 - Duty of Parent to Support Child › ARTICLE 4 - Liability to Others Who Provide Support for Child › Section 3952.

3952. If a parent chargeable with the support of a child dies leaving the child chargeable to the county or leaving the child confined in a state institution to be cared for in whole or in part at the expense of the state, and the parent leaves an estate sufficient for the child’s support, the supervisors of the county or the director of the state department having jurisdiction over the institution may claim provision for the child’s support from the parent’s estate, and for this purpose has the same remedies as a creditor against the estate of the parent and may obtain reimbursement from the successor of the deceased parent to the extent provided in Division 8 (commencing with Section 13000) of the Probate Code.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4000.

4000. If a parent has the duty to provide for the support of the parent’s child and willfully fails to so provide, the other parent, or the child by a guardian ad litem, may bring an action against the parent to enforce the duty.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4001.

4001. In any proceeding where there is at issue the support of a minor child or a child for whom support is authorized under Section 3901 or 3910, the court may order either or both parents to pay an amount necessary for the support of the child.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4002.

4002. (a) The county may proceed on behalf of a child to enforce the child’s right of support against a parent.
(b) If the county furnishes support to a child, the county has the same right as the child to secure reimbursement and obtain continuing support. The right of the county to reimbursement is subject to any limitation otherwise imposed by the law of this state.
(c) The court may order the parent to pay the county reasonable attorney’s fees and court costs in a proceeding brought by the county pursuant to this section.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4003.

4003. In any case in which the support of a child is at issue, the court may, upon a showing of good cause, order a separate trial on that issue. The separate trial shall be given preference over other civil cases, except matters to which special precedence may be given by law, for assigning a trial date. If the court has also ordered a separate trial on the issue of custody pursuant to Section 3023, the two issues shall be tried together.
(Amended by Stats. 1993, Ch. 219, Sec. 133. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4004.

4004. In a proceeding where there is at issue the support of a child, the court shall require the parties to reveal whether a party is currently receiving, or intends to apply for, public assistance under the Family Economic Security Act of 1982 (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code) for the maintenance of the child.
(Amended by Stats. 1993, Ch. 219, Sec. 134. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4005.

4005. At the request of either party, the court shall make appropriate findings with respect to the circumstances on which the order for support of a child is based.
(Added by Stats. 1994, Ch. 1269, Sec. 47. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4006.

4006. In a proceeding for child support under this code, including, but not limited to, Division 17 (commencing with Section 17000), the court shall consider the health insurance coverage, if any, of the parties to the proceeding.
(Amended by Stats. 2000, Ch. 808, Sec. 33. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4007.

4007. (a) If a court orders a person to make specified payments for support of a child during the child’s minority, or until the child is married or otherwise emancipated, or until the death of, or the occurrence of a specified event as to, a child for whom support is authorized under Section 3901 or 3910, the obligation of the person ordered to pay support terminates on the happening of the contingency. The court may, in the original order for support, order the custodial parent or other person to whom payments are to be made to notify the person ordered to make the payments, or the person’s attorney of record, of the happening of the contingency.
(b) If the custodial parent or other person having physical custody of the child, to whom payments are to be made, fails to notify the person ordered to make the payments, or the attorney of record of the person ordered to make the payments, of the happening of the contingency and continues to accept support payments, the person shall refund all moneys received that accrued after the happening of the contingency, except that the overpayments shall first be applied to any support payments that are then in default.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4008.

4008. The community property, the quasi-community property, and the separate property may be subjected to the support of the children in the proportions the court determines are just.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4009.

4009. An original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading within 90 days after filing and the court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than the date of service.
(Amended by Stats. 2004, Ch. 305, Sec. 3. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4010.

4010. In a proceeding in which the court orders a payment for the support of a child, the court shall, at the time of providing written notice of the order, provide the parties with a document describing the procedures by which the order may be modified.
(Amended by Stats. 1993, Ch. 219, Sec. 136. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4011.

4011. Payment of child support ordered by the court shall be made by the person owing the support payment before payment of any debts owed to creditors.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4012.

4012. 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.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4013.

4013. 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.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 1 - General Provisions › Section 4014.

4014. (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 Act (42 U.S.C. Sec. 651 et seq.), the agency named in the order, of the name and address of the person’s current employer.
(b) The requirements set forth in this subdivision apply only in cases when the local child support agency is not providing child support services pursuant to Section 17400. To the extent required by federal law, and subject to applicable confidentiality provisions of state or federal law, a judgment for paternity and an order for child support entered or modified pursuant to any law shall include a provision requiring the child support obligor and obligee to file with the court all of the following information:
(1) Residential and mailing address.
(2) Social security number, individual taxpayer identification number, or other uniform identification number.
(3) Telephone number.
(4) Driver’s license number or identification card number issued by the Department of Motor Vehicles.
(5) Name, address, and telephone number of the employer.
(6) Any other information prescribed by the Judicial Council.
The judgment or order shall specify that each parent is responsible for providing the parent’s own information, that the information must be filed with the court within 10 days of the court order, and that new or different information must be filed with the court within 10 days after any event causing a change in the previously provided information.
(c) The requirements set forth in this subdivision shall only apply in cases in which the local child support agency is not providing child support services pursuant to Section 17400. Once the child support registry, as described in Section 17391 is operational, a judgment for parentage and an order for child support entered or modified pursuant to any law shall include a provision requiring the child support obligor and obligee to file and keep updated the information specified in subdivision (b) with the child support registry.
(d) The Judicial Council shall develop forms to implement this section. The forms shall be developed so as not to delay the implementation of the Statewide Child Support Registry described in Section 17391 and shall be available no later than 30 days prior to the implementation of the Statewide Child Support Registry.
(Amended by Stats. 2019, Ch. 115, Sec. 43. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4050.

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.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4052.

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.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4052.5.

4052.5. (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 the child by each parent, pursuant to Section 4053.
(b) Consistent with federal regulations, after calculating the amount of support owed by each parent under the guideline, the presumption that the guideline amount of support is correct may be rebutted if the court finds that the application of the guideline in that case would be unjust or inappropriate due to special circumstances, pursuant to Section 4057. If the court makes that finding, the court shall divide child support obligations among the parents in a manner that is just and appropriate based on income and amount of time spent with the child by each parent, applying the principles set forth in Section 4053 and this article.
(c) Nothing in this section shall be construed to require reprogramming of the California Child Support Enforcement System, a change to the statewide uniform guideline for determining child support set forth in Section 4055, or a revision by the Department of Child Support Services of its regulations, policies, procedures, forms, or training materials.
(Amended by Stats. 2016, Ch. 474, Sec. 9. (AB 2882) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4053.

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 the parent’s 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 the parent’s 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 shall 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.
(Amended by Stats. 2019, Ch. 115, Sec. 44. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4056.

4056. (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 would have been ordered under the guideline formula.
(2) The reasons the amount of support ordered differs from the guideline formula amount.
(3) The reasons the amount of support ordered is consistent with the best interests of the children.
(b) At the request of any party, the court shall state in writing or on the record the following information used in determining the guideline amount under this article:
(1) The net monthly disposable income of each parent.
(2) The actual federal income tax filing status of each parent (for example, single, married, married filing separately, or head of household and number of exemptions).
(3) Deductions from gross income for each parent.
(4) The approximate percentage of time pursuant to paragraph (1) of subdivision (b) of Section 4055 that each parent has primary physical responsibility for the children compared to the other parent.
(Amended (as added by Stats. 1993, Ch. 219, Sec. 138) by Stats. 1993, Ch. 1156, Sec. 2. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4057.

4057. (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 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 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:
(1) The parties have stipulated to a different amount of child support under subdivision (a) of Section 4065.
(2) 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 where 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.
(D) Cases in which a child is found to have more than two parents.
(c) This section shall become inoperative on September 1, 2024, and, as of January 1, 2025, is repealed.
(Amended by Stats. 2023, Ch. 213, Sec. 4. (SB 343) Effective January 1, 2024. Inoperative September 1, 2024, by its own provisions. Repealed as of January 1, 2025, by its own provisions. See later operative version added by Sec. 5 of Stats. 2023, Ch. 213.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4057.5.

4057.5. (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 operative date of this section.
(Amended by Stats. 1994, Ch. 1269, Sec. 47.5. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4058.

4058. (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, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish 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) (1) 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, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.
(2) When determining the earning capacity of the parent pursuant to this subdivision, the court shall consider the specific circumstances of the parent, to the extent known. Those circumstances include, but are not limited to, the parent’s assets, residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work, as well as the local job market, the availability of employers willing to hire the parent, prevailing earnings levels in the local community, and other relevant background factors affecting the parent’s ability to earn.
(3) Notwithstanding any other law, the incarceration or involuntary institutionalization of a parent shall not be treated as voluntary unemployment in establishing or modifying support orders regardless of the nature of the offense. “Incarcerated or involuntarily institutionalized” has the same meaning as subdivision (e) of Section 4007.5.
(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.
(d) This section shall become inoperative on September 1, 2024, and, as of January 1, 2025, is repealed.
(Amended by Stats. 2023, Ch. 213, Sec. 6. (SB 343) Effective January 1, 2024. Inoperative September 1, 2024, by its own provisions. Repealed as of January 1, 2025, by its own provisions. See later operative version added by Sec. 7 of Stats. 2023, Ch. 213.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4060.

4060. 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 court may adjust the amount appropriately.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4061.

4061. 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 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 disposable 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 disposable income of the parent paying child support for allocating any additional expenses pursuant to Section 4062, the net disposable 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 disposable income of the parent receiving child support shall not be increased by any amount of child support received.
(e) This section shall become inoperative on September 1, 2024, and, as of January 1, 2025, is repealed.
(Amended by Stats. 2023, Ch. 213, Sec. 8. (SB 343) Effective January 1, 2024. Inoperative September 1, 2024, by its own provisions. Repealed as of January 1, 2025, by its own provisions. See later operative version added by Sec. 9 of Stats. 2023, Ch. 213.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4061.

4061. 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’ net incomes as adjusted pursuant to subdivisions (c) and (d), unless a party requests or the court finds on its own motion that expenses should be divided in a different manner.
(b) (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 disposable incomes as adjusted pursuant to subdivisions (c) and (d).
(c) In cases when 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 disposable income of the parent paying child support for allocating any additional expenses pursuant to Section 4062, the net disposable 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 disposable income of the parent receiving child support shall not be increased by any amount of child support received.
(e) This section shall be operative September 1, 2024.
(Repealed (in Sec. 8) and added by Stats. 2023, Ch. 213, Sec. 3. (SB 343) Effective January 1, 2024. Operative September 1, 2024, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4062.

4062. (a) The court shall order the following as additional child support:
(1) Childcare costs related to employment or to reasonably necessary education or training for employment skills.
(2) The reasonable 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.
(c) This section shall become inoperative on September 1, 2024, and, as of January 1, 2025, is repealed.
(Amended by Stats. 2023, Ch. 213, Sec. 10. (SB 343) Effective January 1, 2024. Inoperative September 1, 2024, by its own provisions. Repealed as of January 1, 2025, by its own provisions. See later operative version added by Sec. 11 of Stats. 2023, Ch. 213.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4062.

4062. (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 specifically included in the guideline calculation itself.
(2) The reasonable 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.
(c) This section shall be operative September 1, 2024.
(Repealed (in Sec. 10) and added by Stats. 2023, Ch. 213, Sec. 3. (SB 343) Effective January 1, 2024. Operative September 1, 2024, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4064.

4064. 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.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4065.

4065. (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 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 by the statewide uniform guideline, no change of circumstances need be demonstrated to obtain a modification of the child support order to the applicable guideline level or above.
(Amended by Stats. 2000, Ch. 808, Sec. 35. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 2 - Statewide Uniform Guideline › Section 4066.

4066. 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 adjusted to reflect the effect of additional deductibility. The amount of the order shall be adjusted to maximize the tax benefits for both parents.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 138. Effective January 1, 1994.)