The statewide uniform guidelines that determine child support are found in the California Family Code, section 4055. There are several options for calculating the estimated amount of child support that may be ordered in your case. The results will be only a guideline; the court can look at other factors in awarding child support.
- The simpler your finances, the more useful you will find Chapter 5 of the Nolo Press book How to Do Your Own Divorce in California. It has really good information on calculating child support by hand. The book is in the law library, in many public libraries, and it is for sale in most bookstores and from the publisher at www.nolo.com.
- Do it yourself online calculator: The website of the California Department of Child Support Services has an online child support calculator. The calculator is available at www.childsup.ca.gov/calculator. This is the official calculator used by Family Court Commissioners.
- The Family Division of the Sacramento Superior Court offers a free service in which a Pro Tem judge runs a support calculation computer program using information supplied by the individual. The software calculates the amounts of child support and/or spousal support that individuals will pay under California law. The following information is needed from you for the calculation:
- The gross income of each parent.
- The percentage of time the child(ren) spend with a non-custodial parent.
- The tax filing status of each parent.
- Amounts spent by each parent on health insurance, retirement, and child care.
This service is available Tuesday through Friday at 10:00 a.m. at the Ridgeway Family RelationsCourthouse. Reservations must be made in advance. Contact the Law Library, Family Court Branch (875-3490) to make an appointment or for more information.
Further information about child support is available from the following resources.
SELF HELP
Self-help materials provide "plain English" explanations of the law, written by attorneys or other legal professionals. These books include basic procedures, forms with instructions, and models of other documents that may be required.
Books:
- How to Do Your Own Divorce in California. KFC126 .S54
Chapter 5 discusses child and spousal support.
- How to Modify a Support Order in California. KFC133 .Z95 S54 (CD-ROM) This CD-ROM includes an in-depth discussion of the modification process, and provides sample filled-out forms. [Includes FORMS]
Electronic Access: This title is a CD-ROM. Ask at the Reference for more information.
- Law Office Procedures Manual. KFC77 .L44
This title shows samples of filled-out forms. [Includes FORMS]
- Assisting the Limited Income Client in Family Law Matters. KFC115 .Z9 A87
Chapter 24 provides detailed procedural information and samples of filled-out forms. [Includes FORMS]
Websites:
- CaliforniaCourts Self-Help website
http://www.courtinfo.ca.gov/selfhelp/family/support/
This website provides information, instructions, and forms for setting up or modifying support orders.
- Nolo Press Self-Help Law Center
http://www.nolo.com
This website contains legal information for non-attorneys. The "family law" section includes information about child support.
IN DEPTH RESEARCH
These are "practitioner's guides" aimed at attorneys; they contain a lot of information about the law, procedures, motions, and forms.
- CaliforniaFamily Law: Practice and Procedure (KFC 115.L87)
- CaliforniaForms of Pleading and Practice (KFC 1010.A65C3)
- CaliforniaMarital Settlement & other Family Law Agreements (KFC 126.W34)
- CaliforniaPractice Guide: Family Law (KFC 115.H64 R8)
- Practice Under the California Family Code (KFC 126.P7)
FORMS
Child support cases require the use of mandatory statewide Judicial Council forms, as well as some Sacramento County local forms. Both types of forms are available:
- In Room 102 at the Family Relations Courthouse
- At the Law Library, to photocopy or on computers
- On the Internet (see the "Websites" section below).
Samples of completed forms are available in many of the books listed above. For blank forms, try the following resources:
Books:
- California Judicial Council Forms Manual (Ref Desk KFC 995.A65 C25)
- West's California Judicial Council Forms (Ref Desk KFC 995.W45 C3)
Websites:
- Judicial Council Forms (www.courtinfo.ca.gov/forms). These mandatory forms can be filled out online.
- EZ Legal File (www.saccourt.ca.gov/indexes/fees-forms.aspx). This program on the court's "Fees and Forms" page helps you fill out required family law forms through a question and answer format.
- Sacramento County Local Court Forms (www.saccourt.ca.gov/forms/forms.aspx). These cannot be filled out online. You can print them out or download them.
- US Court Forms (library use only). This program, available on the library's public computers, allows users to save filled-out Judicial Council and local forms.
STATUTES
All of the materials listed above will refer you to sections of the California Codes.
Books:
- Deering's California Code Annotated (KFC 30.5.D4)
- Deering's includes model wording for forms after some of the code sections.
- West's Annotated California Codes (KFC 30.W48)
Websites:
- CaliforniaStateCodes (www.leginfo.ca.gov/calaw.html)
- Check the box for Family Code, then search by word or press Enter to browse by Table of Contents.
updated 2/2009 mp