CALIFORNIA CODES
CALIFORNIA FAMILY CODE
Division 9. SUPPORT
Part 2. CHILD SUPPORT
Chapter 2. COURT-ORDERED CHILD SUPPORT
Article 2. Statewide Uniform Guideline
Current through 2009
§ 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.