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CALIFORNIA FAMILY CODE
COURT-ORDERED CHILD SUPPORT
DEFINITION OF "INCOME"
Family Code Section 4058
(a) The annual gross income of each parent means income from whatever source
derived, except as specified in subdivision (c) and includes, but is not
limited to, the following:
(1) Income such as commissions, salaries, royalties, wages, bonuses, rents,
dividends, pensions, interest, trust income, annuities, workers' compensation
benefits, unemployment insurance benefits, disability insurance benefits,
social security benefits, and spousal support actually received from a
person not a party to the proceeding to establish a child support order
under this article.
(2) Income from the proprietorship of a business, such as gross receipts
from the business reduced by expenditures required for the operation of
(3) In the discretion of the court, employee benefits or self-employment
benefits, taking into consideration the benefit to the employee, any corresponding
reduction in living expenses, and other relevant facts.
(b) The court may, in its discretion, consider the earning capacity of
a parent in lieu of the parent's income, consistent with the best
interests of the children, taking into consideration the overall welfare
and developmental needs of the children, and the time that parent spends
with the children.
(c) Annual gross income does not include any income derived from child
support payments actually received, and income derived from any public
assistance program, eligibility for which is based on a determination
of need. Child support received by a party for children from another relationship
shall not be included as part of that party's gross or net income.