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California Code, Family Code - FAM § 4054

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(a) The Judicial Council shall periodically review the statewide uniform guideline to recommend to the Legislature appropriate revisions.

(b) The review shall include all of the following:

(1) Economic data on the cost of raising children.

(2) Labor market data, such as unemployment rates, employment rates, hours worked, and earnings, by occupation and skill level for the state and local job markets.

(3) The impact of guideline policies and amounts on custodial and noncustodial parents who have family incomes below 200 percent of the federal poverty level.

(4) Factors that influence employment rates among custodial and noncustodial parents and compliance with child support orders.

(5) An analysis of case data, gathered through sampling or other methods, on the actual application of, and deviations from, the guideline after the guideline's operative date, as well as the rates of orders entered by default, orders entered based on presumed income and earning capacity, and orders determined using the low-income adjustment.

(6) An analysis of guidelines and studies from other states, and other research and studies available to or undertaken by the Judicial Council.

(7) A comparison of payments on child support orders by case characteristics, including whether the order was entered by default, based on earning capacity or presumed income, or determined using the low-income adjustment.

(8) Any additional factors required by federal regulations.

(c) Any recommendations for revisions to the guideline shall be made to ensure that the guideline results in appropriate child support orders, to limit deviations from the guideline, or otherwise to help ensure that the guideline is in compliance with federal law.

(d) The Judicial Council may also review and report on other matters, including, but not limited to, the following:

(1) The treatment of the income of a subsequent spouse or nonmarital partner.

(2) The treatment of children from prior or subsequent relationships.

(3) The application of the guideline in a case where a payer parent has extraordinarily low or extraordinarily high income, or where each parent has primary physical custody of one or more of the children of the marriage.

(4) The benefits and limitations of a uniform statewide spousal support guideline and the interrelationship of that guideline with the state child support guideline.

(5) Whether the use of gross or net income in the guideline is preferable.

(6) Whether the guideline affects child custody litigation or the efficiency of the judicial process.

(7) Whether the various assumptions used in computer software used by some courts to calculate child support comport with state law and should be made available to parties and counsel.

(e) The initial review by the Judicial Council shall be submitted to the Legislature and to the Department of Child Support Services on or before December 31, 1993, and subsequent reviews shall occur at least every four years thereafter unless federal law requires a different interval.

(f) In developing its recommendations, the Judicial Council shall consult with a broad cross-section of groups involved in child support issues, including, but not limited to, the following:

(1) Custodial and noncustodial parents.

(2) Representatives of established women's rights and fathers' rights groups.

(3) Representatives of established organizations that advocate for the economic well-being of children.

(4) Members of the judiciary, district attorney's offices, the Attorney General's office, and the Department of Child Support Services.

(5) Certified family law specialists.

(6) Academicians specializing in family law.

(7) Persons representing low-income parents.

(8) Persons representing recipients of assistance under the CalWORKs program seeking child support services.

(9) Persons representing currently or formerly incarcerated parents.

(g) In developing its recommendations, the Judicial Council shall seek public comment and shall be guided by the legislative intent that children share in the standard of living of both of their parents.

Cite this article: - California Code, Family Code - FAM § 4054 - last updated January 01, 2023 |

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