CHAPTER 2. Court-Ordered Child Support [4000. - 4253.]
Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10.
§§ 4000–4253 · 55 sections
ARTICLE 1. General Provisions §§ 4000–4014 · 16 sections
- § 4000 If a parent has the duty to provide for the support of the parent’s child and willfully fails to so provide, the other parent, or the child by a guardian ad…
- § 4001 In any proceeding where there is at issue the support of a minor child or a child for whom support is authorized under Section 3901 or 3910, the court may…
- § 4002 (a) The county may proceed on behalf of a child to enforce the child’s right of support against a parent. (b) If the county furnishes support to a child, the…
- § 4003 In any case in which the support of a child is at issue, the court may, upon a showing of good cause, order a separate trial on that issue. The separate trial…
- § 4004 In a proceeding where there is at issue the support of a child, the court shall require the parties to reveal whether a party is currently receiving, or…
- § 4005 At the request of either party, the court shall make appropriate findings with respect to the circumstances on which the order for support of a child is based.
- § 4006 In a proceeding for child support under this code, including, but not limited to, Division 17 (commencing with Section 17000), the court shall consider the…
- § 4007 (a) If a court orders a person to make specified payments for support of a child during the child’s minority, or until the child is married or otherwise…
- § 4007.5 (a) Every money judgment or order for support of a child shall be suspended, by operation of law, for any period exceeding 90 consecutive days in which the…
- § 4008 The community property, the quasi-community property, and the separate property may be subjected to the support of the children in the proportions the court…
- § 4009 An original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. If the parent ordered to…
- § 4010 In a proceeding in which the court orders a payment for the support of a child, the court shall, at the time of providing written notice of the order, provide…
- § 4011 Payment of child support ordered by the court shall be made by the person owing the support payment before payment of any debts owed to creditors.
- § 4012 Upon a showing of good cause, the court may order a parent required to make a payment of child support to give reasonable security for the payment.
- § 4013 If obligations for support of a child are discharged in bankruptcy, the court may make all proper orders for the support of the child that the court determines…
- § 4014 (a) An order for child support issued or modified pursuant to this chapter shall include a provision requiring the obligor and child support obligee to notify…
ARTICLE 2. Statewide Uniform Guideline §§ 4050–4077 · 29 sections
- § 4050 In adopting the statewide uniform guideline provided in this article, it is the intention of the Legislature to ensure that this state remains in compliance…
- § 4052 The court shall adhere to the statewide uniform guideline and may depart from the guideline only in the special circumstances set forth in this article.
- § 4052.5 (a) The statewide uniform guideline, as required by federal regulations, shall apply in any case in which a child has more than two parents. The court shall…
- § 4053 In implementing the statewide uniform guideline, the courts shall adhere to the following principles: (a) A parent’s first and principal obligation is to…
- § 4054 (a) The Judicial Council shall periodically review the statewide uniform guideline to recommend to the Legislature appropriate revisions. (b) The review shall…
- § 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…
- § 4056 (a) To comply with federal law, the court shall state, in writing or on the record, the following information whenever the court is ordering an amount for…
- § 4057 (a) The amount of child support established by the formula provided in subdivision (a) of Section 4055 is presumed to be the correct amount of child support to…
- § 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…
- § 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…
- § 4059 The annual net disposable income of each parent shall be computed by deducting from the parent’s annual gross income the actual amounts attributable to the…
- § 4060 The monthly net disposable income shall be computed by dividing the annual net disposable income by 12. If the monthly net disposable income figure does not…
- § 4061 The amounts in Section 4062 shall be considered additional support for the children and shall be computed in accordance with the following: (a) If there needs…
- § 4062 (a) The court shall order the following as additional child support: (1) Childcare costs, if those expenses are actually incurred, related to employment or to…
- § 4063 (a) When making an order pursuant to subdivision (a) of Section 4062, the court shall: (1) Advise each parent, in writing or on the record, of the parent’s…
- § 4064 The court may adjust the child support order as appropriate to accommodate seasonal or fluctuating income of either parent.
- § 4065 (a) Unless prohibited by applicable federal law, the parties may stipulate to a child support amount subject to approval of the court. However, the court shall…
- § 4066 Orders and stipulations otherwise in compliance with the statewide uniform guideline may designate as “family support” an unallocated total sum for support of…
- § 4067 It is the intent of the Legislature that the statewide uniform guideline shall be reviewed by the Legislature at least every four years and shall be revised by…
- § 4068 (a) The Judicial Council may develop the following: (1) Model worksheets to assist parties in determining the approximate amount of child support due under the…
- § 4069 The establishment of the statewide uniform guideline constitutes a change of circumstances.
- § 4070 If a parent is experiencing extreme financial hardship due to justifiable expenses resulting from the circumstances enumerated in Section 4071, on the request…
- § 4071 (a) Circumstances evidencing hardship include the following: (1) Extraordinary health expenses for which the parent is financially responsible, and uninsured…
- § 4072 (a) If a deduction for hardship expenses is allowed, the court shall do both of the following: (1) State the reasons supporting the deduction in writing or on…
- § 4073 The court shall be guided by the goals set forth in this article when considering whether or not to allow a financial hardship deduction, and, if allowed, when…
- § 4074 This article applies to an award for the support of children, including those awards designated as “family support,” that contain provisions for the support of…
- § 4075 This article shall not be construed to affect the treatment of spousal support and separate maintenance payments pursuant to Section 71 of the Internal Revenue…
- § 4076 (a) When the court is requested to modify a child support order issued prior to July 1, 1992, for the purpose of conforming to the statewide child support…
- § 4077 The Department of Child Support Services and the Judicial Council shall meet and confer, no later than November 21, 2022, and each entity shall submit its own…
ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney §§ 4200–4205 · 6 sections
- § 4200 In any proceeding where a court makes or has made an order requiring the payment of child support to a parent receiving welfare moneys for the maintenance of…
- § 4201 In any proceeding where a court makes or has made an order requiring the payment of child support to the person having custody of a child for whom support may…
- § 4202 (a) Notwithstanding any other provision of law, in a proceeding where the custodial parent resides in one county and the parent ordered to pay support resides…
- § 4203 (a) Except as provided in Section 4202, expenses of the county officer designated by the court, and expenses of the local child support agency incurred in the…
- § 4204 Notwithstanding any other law, in any proceeding where the court has made an order requiring the payment of child support and the child support is subsequently…
- § 4205 Any notice from the local child support agency requesting a meeting with the support obligor for any purpose authorized under this part shall contain a…
ARTICLE 4. Child Support Commissioners §§ 4250–4253 · 4 sections
- § 4250 (a) The Legislature finds and declares the following: (1) Child and spousal support are serious legal obligations. (2) The current system for obtaining,…
- § 4251 (a) Commencing July 1, 1997, each superior court shall provide sufficient commissioners to hear Title IV-D child support cases filed by the local child support…
- § 4252 (a) The superior court shall appoint one or more subordinate judicial officers as child support commissioners to perform the duties specified in Section 4251.…
- § 4253 Notwithstanding any other provision of law, when hearing child support matters, a commissioner or referee may enter default orders if the defendant does not…