Some Preliminary California Family Law Information

Child Support Guidelines - Family Code section 4055 (2002)

"4055.  (a) The statewide uniform guideline for determining child
support orders is as follows:  CS = K (HN - (H%) (TN)).
   (b) (1) The components of the formula are as follows:
   (A) CS = child support amount.
   (B) K = amount of both parents' income to be allocated for child
support as set forth in paragraph (3).
   (C) HN = high earner's net monthly disposable income.
   (D) H% = approximate percentage of time that the high earner has
or will have primary physical responsibility for the children
compared to the other parent.  In cases in which parents have
different time-sharing arrangements for different children, H% equals
the average of the approximate percentages of time the high earner
parent spends with each child.
   (E) TN = total net monthly disposable income of both parties.
   (2) To compute net disposable income, see Section 4059.
   (3) K (amount of both parents' income allocated for child support)
equals one plus H% (if H% is less than or equal to 50 percent) or
two minus H% (if H% is greater than 50 percent) times the following
fraction:


   Total Net Disposable
   Income Per Month                       K
   $0-800                          0.20 + TN/16,000
   $801-6,666                      0.25
   $6,667-10,000                   0.10 + 1,000/TN
   Over $10,000                    0.12 + 800/TN

   For example, if H% equals 20 percent and the total monthly net
disposable income of the parents is $1,000, K = (1 + 0.20) X 0.25, or
0.30.  If H% equals 80 percent and the total monthly net disposable
income of the parents is $1,000, K = (2 - 0.80) X 0.25, or 0.30.
   (4) For more than one child, multiply CS by:


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

   (5) If the amount calculated under the formula results in a
positive number, the higher earner shall pay that amount to the lower
earner.  If the amount calculated under the formula results in a
negative number, the lower earner shall pay the absolute value of
that amount to the higher earner.
   (6) In any default proceeding where proof is by affidavit pursuant
to Section 2336, or in any proceeding for child support in which a
party fails to appear after being duly noticed, H% shall be set at
zero in the formula if the noncustodial parent is the higher earner
or at 100 if the custodial parent is the higher earner, where there
is no evidence presented demonstrating the percentage of time that
the noncustodial parent has primary physical responsibility for the
children.  H% shall not be set as described above if the moving party
in a default proceeding is the noncustodial parent or if the party
who fails to appear after being duly noticed is the custodial parent.
  A statement by the party who is not in default as to the percentage
of time that the noncustodial parent has primary physical
responsibility for the children shall be deemed sufficient evidence.

   (7) In all cases in which the net disposable income per month of
the obligor is less than one thousand dollars ($1,000), the court
shall rule on whether a low-income adjustment shall be made.  The
ruling shall be based on the facts presented to the court, the
principles provided in Section 4053, and the impact of the
contemplated adjustment on the respective net incomes of the obligor
and the obligee.  Where the court has ruled that a low-income
adjustment shall be made, the child support amount otherwise
determined under this section shall be reduced by an amount that is
no greater than the amount calculated by multiplying the child
support amount otherwise determined under this section by a fraction,
the numerator of which is 1,000 minus the obligor's net disposable
income per month, and the denominator of which is 1,000.  If a
low-income adjustment is allowed, the court shall state the reasons
supporting the adjustment in writing or on the record and shall
document the amount of the adjustment and the underlying facts and
circumstances.
   (8) Unless the court orders otherwise, the order for child support
shall allocate the support amount so that the amount of support for
the youngest child is the amount of support for one child, and the
amount for the next youngest child is the difference between that
amount and the amount for two children, with similar allocations for
additional children.  However, this paragraph does not apply to cases
in which there are different time-sharing arrangements for different
children or where the court determines that the allocation would be
inappropriate in the particular case.
   (c) If a court uses a computer to calculate the child support
order, the computer program shall not automatically default
affirmatively or negatively on whether a low-income adjustment is to
be applied.  If the low-income adjustment is applied, the computer
program shall not provide the amount of the low-income adjustment.
Instead, the computer program shall ask the user whether or not to
apply the low-income adjustment, and if answered affirmatively, the
computer program shall provide the range of the adjustment permitted
by paragraph (7) of subdivision (b)."