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CALIFORNIA FAMILY CODE
Statewide Uniform Guideline
Family Code Section 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
(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), there shall be a rebuttable
presumption that the obligor is entitled to a low-income adjustment. The
presumption may be rebutted by evidence showing that the application of
the low-income adjustment would be unjust and inappropriate in the particular
case. In determining whether the presumption is rebutted, the court shall
consider the principles provided in
, and the impact of the contemplated adjustment on the respective net
incomes of the obligor and the obligee. The low-income adjustment shall
reduce the child support amount otherwise determined under this section
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.
(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).