reglab/statecodes huggingface dataset:
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 4067.

4067. 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 amounts. The review shall include consideration of changes required by applicable federal laws and regulations or recommended from time to time by the Judicial Council pursuant to Section 4054.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 138.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 4068.

4068. (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 physical responsibility for the children.
(2) A form to assist the courts in making the findings and orders required by this article.
(b) The Judicial Council, in consultation with representatives of the State Department of Social Services, the California Family Support Council, the Senate Judiciary Committee, the Assembly Judiciary Committee, the Family Law Section of the State Bar of California, a legal services organization providing representation on child support matters, a custodial parent group, and a noncustodial parent group, shall develop a simplified income and expense form for determining child support under the formula provided in subdivision (a) of Section 4055, by June 1, 1995. The Judicial Council, also in consultation with these groups, shall develop factors to use to determine when the simplified income and expense form may be used and when the standard income and expense form must be used.
(Amended by Stats. 1994, Ch. 953, Sec. 1. 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 4069.

4069. 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.)
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 4070.

4070. 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 circumstances.
(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 4071.

4071. (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 parent has the obligation to support from other marriages or relationships who reside with the parent. The court, on its own motion or on the request of a party, may allow these income deductions as necessary to accommodate these expenses after making the deductions allowable under paragraph (1).
(b) The maximum hardship deduction under paragraph (2) of subdivision (a) for each child who resides with the parent may be equal to, but shall not exceed, the support allocated each child subject to the order. For purposes of calculating this deduction, the amount of support per child established by the statewide uniform guideline shall be the total amount ordered divided by the number of children and not the amount established under paragraph (8) of subdivision (b) of Section 4055.
(c) The Judicial Council may develop tables in accordance with this section to reflect the maximum hardship deduction, taking into consideration the parent’s net disposable income before the hardship deduction, the number of children for whom the deduction is being given, and the number of children for whom the support award is being made.
(Amended (as added by Stats. 1993, Ch. 219, Sec. 138) by Stats. 1993, Ch. 1156, Sec. 6. 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 4072.

4072. (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, the court shall specify the duration of the deduction.
(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 4073.

4073. 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.)
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 4074.

4074. 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.)
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 4075.

4075. 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.)
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 4076.

4076. (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) of subdivision (b) of Section 4057, and the amount of child support to be ordered is the amount provided under the guideline formula in subdivision (a) of Section 4055, the court may, in its discretion, order a two-step phase-in of the formula amount of support to provide the obligor with time for transition to the full formula amount if all of the following are true:
(1) The period of the phase-in is carefully limited to the time necessary for the obligor to rearrange the obligor’s financial obligations in order to meet the full formula amount of support.
(2) The obligor is immediately being ordered to pay not less than 30 percent of the amount of the child support increase, in addition to the amount of child support required under the prior order.
(3) The obligor has not unreasonably increased their financial obligations following notice of the motion for modification of support, has no arrearages owing, and has a history of good faith compliance with prior support orders.
(b) When the court grants a request for a phase-in pursuant to this section, the court shall state the following in writing:
(1) The specific reasons why (A) the immediate imposition of the full formula amount of support would place an extraordinary hardship on the obligor, and (B) this extraordinary hardship on the obligor would outweigh the hardship caused the supported children by the temporary phase-in of the full formula amount of support.
(2) The full guideline amount of support, the date and amount of each phase-in, and the date that the obligor must commence paying the full formula amount of support, which shall not be later than one year after the filing of the motion for modification of support.
(c) When the court orders a phase-in pursuant to this section, and the court thereafter determines that the obligor has violated the phase-in schedule or has intentionally lowered the income available for the payment of child support during the phase-in period, the court may order the immediate payment of the full formula amount of child support and the difference in the amount of support that would have been due without the phase-in and the amount of support due with the phase-in, in addition to any other penalties provided for by law.
(Amended by Stats. 2019, Ch. 115, Sec. 47. (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 4077.

4077. 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 Senate Committees on Judiciary on what additional legislative changes are required to comply with the federal child support regulations revised in 81 Federal Register 93492 (Dec. 20, 2016), if any, which shall consider the most recent review of the statewide child support guideline completed pursuant to Section 4054, and identify any points of agreement and any difference of interpretation, perspective, or opinion between the entities regarding the legislative changes required.
(Added by Stats. 2022, Ch. 573, Sec. 5. (AB 207) Effective September 27, 2022.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 3 - Payment to Court Designated County Officer; Enforcement by District Attorney › Section 4200.

4200. 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 support shall be made to the county officer designated by the court for that purpose. Once the State Disbursement Unit is implemented pursuant to Section 17309, all payments shall be directed to the State Disbursement Unit instead of the county officer designated by the court.
(b) Direct the local child support agency to appear on behalf of the welfare recipient in any proceeding to enforce the order.
(Amended by Stats. 2003, Ch. 387, Sec. 2. Effective January 1, 2004.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 3 - Payment to Court Designated County Officer; Enforcement by District Attorney › Section 4201.

4201. 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 officer designated by the court for that purpose. Once the State Disbursement Unit is implemented pursuant to Section 17309, all payments shall be directed to the State Disbursement Unit instead of the county officer designated by the court.
(b) Direct the local child support agency to appear on behalf of the minor children in any proceeding to enforce the order.
(Amended by Stats. 2003, Ch. 387, Sec. 3. Effective January 1, 2004.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 3 - Payment to Court Designated County Officer; Enforcement by District Attorney › Section 4202.

4202. (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 purposes in the county of residence of the custodial parent, and may direct the local child support agency of either county to enforce the order.
(b)  If the court directs the local child support agency of the county of residence of the noncustodial parent to enforce the order, the expenses of the local child support agency with respect to the enforcement is a charge upon the county of residence of the noncustodial parent.
(Amended by Stats. 2004, Ch. 339, 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 3 - Payment to Court Designated County Officer; Enforcement by District Attorney › Section 4203.

4203. (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 are pending.
(b) Fees for service of process in the enforcement of an order of the type described in Section 4200 or 4201 are a charge upon the county where the process is served.
(Amended by Stats. 2000, Ch. 808, Sec. 39. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 3 - Payment to Court Designated County Officer; Enforcement by District Attorney › Section 4204.

4204. 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 has requested a local child support agency to provide child support enforcement services pursuant to Section 17400, the local child support agency shall issue a notice directing that the payments shall be made to the local child support agency, another county office, or the State Disbursement Unit pursuant to Section 17309. Additionally, the local child support agency shall provide notice when it is no longer providing services under Part D of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.). The local child support agency shall serve the notice on both the support obligor and obligee in compliance with Section 1013 of the Code of Civil Procedure and file the notice with the court.
(Amended by Stats. 2022, Ch. 420, Sec. 15. (AB 2960) Effective January 1, 2023.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 3 - Payment to Court Designated County Officer; Enforcement by District Attorney › Section 4205.

4205. 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.
(Amended by Stats. 2019, Ch. 115, Sec. 48. (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 4 - Child Support Commissioners › Section 4250.

4250. (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 to burgeoning caseloads within local child support agencies and the growing number of parents who are representing themselves in family law actions.
(3) The success of California’s child support enforcement program depends upon its ability to establish and enforce child support orders quickly and efficiently.
(4) There is a compelling state interest in creating an expedited process in the courts that is cost-effective and accessible to families, for establishing and enforcing child support orders in cases being enforced by the local child support agency.
(5) There is a compelling state interest in having a simple, speedy, conflict-reducing system, that is both cost-effective and accessible to families, for resolving all issues concerning children, including support, health insurance, custody, and visitation in family law cases that do not involve enforcement by the local child support agency.
(b) Therefore, it is the intent of the Legislature to: (1) provide for commissioners to hear child support cases being enforced by the local child support agency; (2) adopt uniform and simplified procedures for all child support cases; and (3) create an Office of the Family Law Facilitator in the courts to provide education, information, and assistance to parents with child support issues.
(Amended by Stats. 2000, Ch. 808, Sec. 42. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 4 - Child Support Commissioners › Section 4252.

4252. (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 commissioners shall specialize in hearing child support cases, and their primary responsibility shall be to hear Title IV-D child support cases. Notwithstanding Section 71622 of the Government Code, the number of child support commissioner positions allotted to each court shall be determined by the Judicial Council in accordance with caseload standards developed pursuant to paragraph (3) of subdivision (b), subject to appropriations in the annual Budget Act.
(b) The Judicial Council shall do all of the following:
(1) Establish minimum qualifications for child support commissioners.
(2) Establish minimum educational and training requirements for child support commissioners and other court personnel that are assigned to Title IV-D child support cases. Training programs shall include both federal and state laws concerning child support and related issues.
(3) Establish caseload, case processing, and staffing standards for child support commissioners on or before April 1, 1997, which shall set forth the maximum number of cases that each child support commissioner can process. These standards shall be reviewed and, if appropriate, revised by the Judicial Council every two years.
(4) Adopt uniform rules of court and forms for use in Title IV-D child support cases.
(5) Offer technical assistance to courts regarding issues relating to implementation and operation of the child support commissioner system, including assistance related to funding, staffing, and the sharing of resources between courts.
(6) Establish procedures for the distribution of funding to the courts for child support commissioners, family law facilitators pursuant to Division 14 (commencing with Section 10000), and related allowable costs.
(7) Adopt rules that define the exceptional circumstances in which judges may hear Title IV-D child support matters as provided in subdivision (a) of Section 4251.
(8) Undertake other actions as appropriate to ensure the successful implementation and operation of child support commissioners in the counties.
(c) As used in this article, “Title IV-D” means Title IV-D of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.).
(Amended by Stats. 2002, Ch. 784, Sec. 105. Effective January 1, 2003.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 2 - CHILD SUPPORT › CHAPTER 2 - Court-Ordered Child Support › ARTICLE 4 - Child Support Commissioners › Section 4253.

4253. 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.
(Added by Stats. 1996, Ch. 957, Sec. 6. Effective January 1, 1997.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 1 - Duty to Support Spouse › Section 4300.

4300. Subject to this division, a person shall support the person’s spouse.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 1 - Duty to Support Spouse › Section 4301.

4301. Subject to Section 914, a person shall support the person’s spouse while they are living together out of the separate property of the person when there is no community property or quasi-community property.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 1 - Duty to Support Spouse › Section 4302.

4302. A person is not liable for support of the person’s spouse when the person is living separate from the spouse by agreement unless support is stipulated in the agreement.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 1 - Duty to Support Spouse › Section 4303.

4303. (a) The obligee spouse, or the county on behalf of the obligee spouse, may bring an action against the obligor spouse to enforce the duty of support.
(b) If the county furnishes support to a spouse, the county has the same right as the spouse to whom the support was furnished 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 obligor to pay the county reasonable attorney’s fees and court costs in a proceeding brought by the county under this section.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 2 - Factors to be Considered in Ordering Support › Section 4321.

4321. In a judgment of dissolution of marriage or legal separation of the parties, the court may deny support to a party out of the separate property of the other party in any of the following circumstances:
(a) The party has separate property, or is earning the party’s own livelihood, or there is community property or quasi-community property sufficient to give the party proper support.
(b) The custody of the children has been awarded to the other party, who is supporting them.
(Amended by Stats. 1993, Ch. 219, Sec. 141.5. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 2 - Factors to be Considered in Ordering Support › Section 4322.

4322. In an original or modification proceeding, where there are no children, and a party has or acquires a separate estate, including income from employment, sufficient for the party’s proper support, no support shall be ordered or continued against the other party.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 2 - Factors to be Considered in Ordering Support › Section 4323.

4323. (a) (1) Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a nonmarital partner. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support as provided for in Chapter 6 (commencing with Section 3650) of Part 1.
(2) Holding oneself out to be the spouse of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this subdivision.
(b) The income of a supporting spouse’s subsequent spouse or nonmarital partner shall not be considered when determining or modifying spousal support.
(c) Nothing in this section precludes later modification or termination of spousal support on proof of change of circumstances.
(Amended by Stats. 2014, Ch. 82, Sec. 36. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 2 - Factors to be Considered in Ordering Support › Section 4324.

4324. In addition to any other remedy authorized by law, when a spouse is convicted of attempting to murder the other spouse, as punishable pursuant to subdivision (a) of Section 664 of the Penal Code, or of soliciting the murder of the other spouse, as punishable pursuant to subdivision (b) of Section 653f of the Penal Code, the injured spouse shall be entitled to a prohibition of any temporary or permanent award for spousal support or medical, life, or other insurance benefits or payments from the injured spouse to the other spouse.
As used in this section, “injured spouse” means the spouse who has been the subject of the attempted murder or the solicitation of murder for which the other spouse was convicted, whether or not actual physical injury occurred.
(Amended by Stats. 2010, Ch. 65, Sec. 2. (AB 2674) Effective January 1, 2011.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 2 - Factors to be Considered in Ordering Support › Section 4324.5.

4324.5. (a) In any proceeding for dissolution of marriage where there is a criminal conviction for a violent sexual felony or a domestic violence felony perpetrated by one spouse against the other spouse and the petition for dissolution is filed before five years following the conviction and any time served in custody, on probation, or on parole, the following shall apply:
(1) An award of spousal support to the convicted spouse from the injured spouse is prohibited.
(2) If economic circumstances warrant, the court shall order the attorney’s fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorney’s fees of the convicted spouse out of the injured spouse’s separate property.
(3) At the request of the injured spouse, the date of separation, as defined in Section 70, shall be the date of the incident giving rise to the conviction, or earlier, if the court finds circumstances that justify an earlier date.
(4) The injured spouse shall be entitled to 100 percent of the community property interest in the retirement and pension benefits of the injured spouse.
(b) As used in this section, the following definitions apply:
(1) “Domestic violence felony” means a felony offense for an act of abuse, as described in Section 6203, perpetrated by one spouse against the other spouse.
(2) “Injured spouse” means the spouse who has been the subject of the violent sexual felony or domestic violence felony for which the other spouse was convicted.
(3) “Violent sexual felony” means those offenses described in paragraphs (3), (4), (5), (11), and (18) of subdivision (c) of Section 667.5 of the Penal Code.
(c) If a convicted spouse presents documented evidence of the convicted spouse’s history as a victim of a violent sexual offense, as described in paragraphs (3), (4), (5), (11), and (18) of subdivision (c) of Section 667.5 of the Penal Code, or domestic violence, as defined in Section 6211, perpetrated by the other spouse, the court may determine, based on the facts of the particular case, that one or more of paragraphs (1) to (4), inclusive, of subdivision (a) do not apply.
(d) The changes made to this section by the bill that added this subdivision shall only apply to convictions that occur on or after January 1, 2019.
(Amended by Stats. 2018, Ch. 850, Sec. 1. (SB 1129) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 2 - Factors to be Considered in Ordering Support › Section 4326.

4326. (a) Except as provided in subdivision (d), in a proceeding in which a spousal support order exists or in which the court has retained jurisdiction over a spousal support order, if a companion child support order is in effect, the termination of child support pursuant to subdivision (a) of Section 3901 constitutes a change of circumstances that may be the basis for a request by either party for modification of spousal support.
(b) A motion to modify spousal support based on the change of circumstances described in subdivision (a) shall be filed by either party no later than six months from the date the child support order terminates.
(c) If a motion to modify a spousal support order pursuant to subdivision (a) is filed, either party may request the appointment of a vocational training counselor pursuant to Section 4331.
(d) Notwithstanding subdivision (a), termination of the child support order does not constitute a change of circumstances under subdivision (a) in any of the following circumstances:
(1) The child and spousal support orders are the result of a marital settlement agreement or judgment and the marital settlement agreement or judgment contains a provision regarding what is to occur when the child support order terminates.
(2) The child and spousal support orders are the result of a marital settlement agreement or judgment, which provides that the spousal support order is nonmodifiable or that spousal support is waived and the court’s jurisdiction over spousal support has been terminated.
(3) The court’s jurisdiction over spousal support was previously terminated.
(e) Notwithstanding subdivision (b), a party whose six-month deadline to file expired between January 1, 2014, and September 30, 2014, may file a motion pursuant to this section until December 31, 2014.
(Added by Stats. 2014, Ch. 202, Sec. 1. (AB 414) Effective August 15, 2014.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 3 - Spousal Support Upon Dissolution or Legal Separation › Section 4330.

4330. (a) In a judgment of dissolution of marriage or legal separation of the parties, the court may order a party to pay for the support of the other party an amount, for a period of time, that the court determines is just and reasonable, based on the standard of living established during the marriage, taking into consideration the circumstances as provided in Chapter 2 (commencing with Section 4320).
(b) When making an order for spousal support, the court may advise the recipient of support that the recipient should make reasonable efforts to assist in providing for their support needs, taking into account the particular circumstances considered by the court pursuant to Section 4320, unless, in the case of a marriage of long duration as provided for in Section 4336, the court decides this warning is inadvisable.
(Amended by Stats. 2019, Ch. 115, Sec. 51. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 3 - Spousal Support Upon Dissolution or Legal Separation › Section 4331.

4331. (a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the party’s ability to obtain employment based upon the party’s age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the party’s ability to obtain employment that would allow the party to maintain their marital standard of living.
(b) The order may be made only on motion, for good cause, and on notice to the party to be examined and to all parties. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made.
(c) A party who does not comply with an order under this section is subject to the same consequences provided for failure to comply with an examination ordered pursuant to Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.
(d) “Vocational training counselor” for the purpose of this section means an individual with sufficient knowledge, skill, experience, training, or education in interviewing, administering, and interpreting tests for analysis of marketable skills, formulating career goals, planning courses of training and study, and assessing the job market, to qualify as an expert in vocational training under Section 720 of the Evidence Code.
(e) A vocational training counselor shall have at least the following qualifications:
(1) A master’s degree in the behavioral sciences, or other postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation.
(2) Qualification to administer and interpret inventories for assessing career potential.
(3) Demonstrated ability in interviewing clients and assessing marketable skills with an understanding of age constraints, physical and mental health, previous education and experience, and time and geographic mobility constraints.
(4) Knowledge of current employment conditions, job market, and wages in the indicated geographic area.
(5) Knowledge of education and training programs in the area with costs and time plans for these programs.
(f) The court may order the supporting spouse to pay, in addition to spousal support, the necessary expenses and costs of the counseling, retraining, or education.
(Amended by Stats. 2019, Ch. 115, Sec. 52. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 3 - Spousal Support Upon Dissolution or Legal Separation › Section 4332.

4332. In a proceeding for dissolution of marriage or for legal separation of the parties, the court shall make specific factual findings with respect to the standard of living during the marriage, and, at the request of either party, the court shall make appropriate factual determinations with respect to other circumstances.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 3 - Spousal Support Upon Dissolution or Legal Separation › Section 4333.

4333. An order for spousal support in a proceeding for dissolution of marriage or for legal separation of the parties may be made retroactive to the date of filing the notice of motion or order to show cause, or to any subsequent date.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 3 - Spousal Support Upon Dissolution or Legal Separation › Section 4334.

4334. (a) If a court orders spousal support for a contingent period of time, the obligation of the supporting party terminates on the happening of the contingency. The court may, in the order, order the supported party to notify the supporting party, or the supporting party’s attorney of record, of the happening of the contingency.
(b) If the supported party fails to notify the supporting party, or the attorney of record of the supporting party, of the happening of the contingency and continues to accept spousal support payments, the supported party shall refund payments received that accrued after the happening of the contingency, except that the overpayments shall first be applied to spousal 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 3 - SPOUSAL SUPPORT › CHAPTER 3 - Spousal Support Upon Dissolution or Legal Separation › Section 4335.

4335. An order for spousal support terminates at the end of the period provided in the order and shall not be extended unless the court retains jurisdiction in the order or under Section 4336.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 3 - Spousal Support Upon Dissolution or Legal Separation › Section 4336.

4336. (a) Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.
(b) For the purpose of retaining jurisdiction, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration. However, the court may consider periods of separation during the marriage in determining whether the marriage is in fact of long duration. Nothing in this subdivision precludes a court from determining that a marriage of less than 10 years is a marriage of long duration.
(c) Nothing in this section limits the court’s discretion to terminate spousal support in later proceedings on a showing of changed circumstances.
(d) This section applies to the following:
(1) A proceeding filed on or after January 1, 1988.
(2) A proceeding pending on January 1, 1988, in which the court has not entered a permanent spousal support order or in which the court order is subject to modification.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 3 - Spousal Support Upon Dissolution or Legal Separation › Section 4337.

4337. Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 3 - Spousal Support Upon Dissolution or Legal Separation › Section 4338.

4338. In the enforcement of an order for spousal support, the court shall resort to the property described below in the order indicated:
(a) The earnings, income, or accumulations of either spouse after the date of separation, as defined in Section 70, which would have been community property if the spouse had not been separated from the other spouse.
(b) The community property.
(c) The quasi-community property.
(d) The other separate property of the party required to make the support payments.
(Amended by Stats. 2016, Ch. 114, Sec. 5. (SB 1255) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 3 - Spousal Support Upon Dissolution or Legal Separation › Section 4339.

4339. The court may order the supporting party to give reasonable security for payment of spousal support.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 4 - Payment to Court-Designated Officer; Enforcement by District Attorney › Section 4350.

4350. In any proceeding where a court makes or has made an order requiring the payment of spousal support, the court may direct that payment shall be made to the county officer designated by the court for that purpose. The court may include in its order made pursuant to this section any service charge imposed under the authority of Section 279 of the Welfare and Institutions Code.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 4 - Payment to Court-Designated Officer; Enforcement by District Attorney › Section 4351.

4351. (a) In a proceeding where the court has entered an order pursuant to Section 4350, the court may also refer the matter of enforcement of the spousal support order to the local child support agency. The local child support agency may bring those enforcement proceedings it determines to be appropriate.
(b) Notwithstanding subdivision (a), when the local child support agency is required to appear on behalf of a welfare recipient in a proceeding to enforce an order requiring payment of child support, the local child support agency shall also enforce any order requiring payment to the welfare recipient of spousal support that is in arrears.
(c) This section does not prohibit the district attorney or the local child support agency from bringing an action or initiating process to enforce or punish the failure to obey an order for spousal support under any law that empowers the district attorney or the local child support agency to bring an action or initiate a process, whether or not there has been a referral by the court pursuant to this chapter.
(d) Any notice from the district attorney or 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.
(Amended by Stats. 2019, Ch. 115, Sec. 53. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 4 - Payment to Court-Designated Officer; Enforcement by District Attorney › Section 4352.

4352. (a) Insofar as expenses of the county officer designated by the court and expenses of the local child support agency incurred in the enforcement of an order referred by the court under this chapter exceed any service charge imposed under Section 279 of the Welfare and Institutions Code, the expenses are a charge upon the county where the proceedings are pending.
(b) Fees for service of process in the enforcement of an order referred by the court under this chapter are a charge upon the county where the process is served.
(Amended by Stats. 2000, Ch. 808, Sec. 45. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 3 - SPOUSAL SUPPORT › CHAPTER 5 - Provision for Support After Death of Supporting Party › Section 4360.

4360. (a) For the purpose of Section 4320, where it is just and reasonable in view of the circumstances of the parties, the court, in determining the needs of a supported spouse, may include an amount sufficient to purchase an annuity for the supported spouse or to maintain insurance for the benefit of the supported spouse on the life of the spouse required to make the payment of support, or may require the spouse required to make the payment of support to establish a trust to provide for the support of the supported spouse, so that the supported spouse will not be left without means of support in the event that the spousal support is terminated by the death of the party required to make the payment of support.
(b) Except as otherwise agreed to by the parties in writing, an order made under this section may be modified or terminated at the discretion of the court at any time before the death of the party required to make the payment of support.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 4 - SUPPORT OF PARENTS › CHAPTER 1 - General Provisions › Section 4400.

4400. Except as otherwise provided by law, an adult child shall, to the extent of the adult child’s ability, support a parent who is in need and unable to self-maintain by work.
(Amended by Stats. 2019, Ch. 115, Sec. 54. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 4 - SUPPORT OF PARENTS › CHAPTER 1 - General Provisions › Section 4401.

4401. The promise of an adult child to pay for necessaries previously furnished to a parent described in Section 4400 is binding.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 4 - SUPPORT OF PARENTS › CHAPTER 1 - General Provisions › Section 4402.

4402. The duty of support under this part is cumulative and not in substitution for any other duty.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 4 - SUPPORT OF PARENTS › CHAPTER 1 - General Provisions › Section 4403.

4403. (a) Subject to subdivision (b):
(1) A parent, or the county on behalf of the parent, may bring an action against the child to enforce the duty of support under this part.
(2) If the county furnishes support to a parent, the county has the same right as the parent to whom the support was furnished to secure reimbursement and obtain continuing support.
(b) The right of the county to proceed on behalf of the parent or to obtain reimbursement is subject to any limitation otherwise imposed by the law of this state.
(c) The court may order the child to pay the county reasonable attorney’s fees and court costs in a proceeding by the county under this section.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 4 - SUPPORT OF PARENTS › CHAPTER 1 - General Provisions › Section 4404.

4404. In determining the amount to be ordered for support, the court shall consider the following circumstances of each party:
(a) Earning capacity and needs.
(b) Obligations and assets.
(c) Age and health.
(d) Standard of living.
(e) 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 4 - SUPPORT OF PARENTS › CHAPTER 1 - General Provisions › Section 4405.

4405. The court retains jurisdiction to modify or terminate an order for support where justice requires.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 4 - SUPPORT OF PARENTS › CHAPTER 2 - Relief from Duty to Support Parent Who Abandoned Child › Section 4410.

4410. An adult child may file a petition in the county where a parent of the child resides requesting that the court make an order freeing the petitioner from the obligation otherwise imposed by law to support the parent. If the parent does not reside in this state, the petition shall be filed in the county where the adult child resides.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 4 - SUPPORT OF PARENTS › CHAPTER 2 - Relief from Duty to Support Parent Who Abandoned Child › Section 4411.

4411. The court shall make the order requested pursuant to Section 4410 only if the petition alleges and the court finds all of the following:
(a) The child was abandoned by the parent when the child was a minor.
(b) The abandonment continued for a period of two or more years before the time the child attained the age of 18 years.
(c) During the period of abandonment the parent was physically and mentally able to provide support for the child.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)