California Child Support Guideline Review

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Each U.S. state is responsible for developing a child support enforcement program that complies with federal requirements, including a guidelines method of calculating child support. At minimum, 45 C.F.R. 302.56 requires each state to establish and publish a guideline that is presumptively (but rebuttably) correct, and review the guideline, at a minimum, every four years. [1]

Contents

Background

California has codified its guideline in its Family Code sections 4050–4076. [2]

The California child support guideline is "presumptively" (but rebuttably) correct and directed toward the following principles or goals: [3]

The Judicial Council of California is required by law to review its guideline every four years at a minimum. [4] In conducting the review the following broad cross-section of groups must be consulted: [5]

Guideline reviews

1993

In 1993, the first California Child Support Guideline Review was prepared under the guidance of the Judicial Council Family and Juvenile Law Standing Advisory Committee. In the 1993 Review, focus groups including stakeholders identified in the statute were not consulted with. In the 1993 Review, the Judicial Council recommended that:

1998

In 1998, the second California Child Support Guideline Review was prepared under the guidance of the Judicial Council Family and Juvenile Law Standing Advisory Committee. In the 1998 Review, focus groups including stakeholders identified in the statute were not consulted with. In the 1998 Review, the Judicial Council recommended that:

2001

In 2001, the third California Child Support Guideline Review was outsourced to Policy Studies Inc. (PSI) of Denver, CO. Since 1991 PSI has been providing "full service" private child support services, [10] and is currently the leading provider of child support services, operating 13 full-service offices throughout the nation (locating non-custodial parents, establishing paternity and child support orders, securing health coverage for children, and enforcing child support payments). [11] In the 2001 Review, the Judicial Council directed PSI to investigate predefined questions. In the 2001 Review, PSI did consult with focus groups including stakeholders identified in the statute. In the 2001 Review, the Judicial Council recommended that:

2005

In 2005, the fourth California Child Support Guideline Review was again outsourced to Policy Studies Inc. (PSI) of Denver, CO. In the 2005 Review, PSI only consulted with a focus group of family court commissioners, instead of all stakeholders identified in the statute. In the 2005 Review, the Judicial Council recommended that:

2009–2011

November 10, 2009, the Judicial Council issued a "Notice of Intent to Award", outsourcing the fifth California Child Support Guideline Review directly to Center for Policy Research of Denver, CO. [15]

November 30, 2010, the Judicial Council released its Draft Report recommendations for public comment.

June 2011, the Judicial Council published its Final Report. [16] The study arrived at five recommendations as follows:

2016

As of now the Judicial Council is out of compliance with state law in reviewing its Child Support Guidelines. The Judicial Council has announced an intent to begin its review process. Final product is not expected until 2017. Child Support Review began (In Secret) in January 2017 by a group that calls itself "Center for Support of Families". They gave private notice to certain groups to provide feedback 10 days prior to closing review in March 2017.

On August 18, 2017, the California Judicial Council released the document SP17-05 that is an invitation for public comment on its review of California's Child Support Guidelines that is a report from the Center for the Support of Families that won the contract from the Judicial Council in January 2016. The public comment period ended on September 22, 2017.

Background

California has codified its Guideline in its Family Code sections 4050–4076. [17]

See also

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References

  1. ↑ "Guidelines for setting child support awards". edocket.access.gpo.gov. Retrieved January 30, 2024.
  2. ↑ Cal. Fam. Code sect. 4050–4076 "CA Codes (Fam:4050-4076)". Archived from the original on August 17, 2010. Retrieved August 11, 2010.
  3. ↑ Cal. Fam. Code sect. 4053 "CA Codes (Fam:4050-4076)". Archived from the original on August 17, 2010. Retrieved August 11, 2010.
  4. ↑ Cal. Fam. Code sect. 4054 "CA Codes (Fam:4050-4076)". Archived from the original on August 17, 2010. Retrieved August 11, 2010.
  5. ↑ Cal. Fam. Code sect. 4054(f) "CA Codes (Fam:4050-4076)". Archived from the original on August 17, 2010. Retrieved August 11, 2010.
  6. ↑ "Department of Child Support Services". childsup.ca.gov. Retrieved January 30, 2024.
  7. ↑ "Certified Family Law Specialists Home". acfls.org. Retrieved January 30, 2024.
  8. ↑ "Child Support Guideline" (PDF). courts.ca.gov.
  9. ↑ "1988 Review" (PDF). courts.ca.gov.
  10. ↑ "Policy Studies Inc History". policy-studies.com.
  11. ↑ "Child Support Enforcement". policy-studies.com.
  12. ↑ Urban Institute, "The Collectability Study" http://archive.acf.hhs.gov/programs/cse/pubs/2003/best_practices/ca_collectibility_study.html Archived July 27, 2013, at archive.today  ; http://www.urban.org/publications/411838.html  ; http://www.urban.org/UploadedPDF/411838_california_child_support.pdf
  13. ↑ "2001 Review" (PDF). courts.ca.gov.
  14. ↑ "Child Services Guidelines 2005" (PDF). courts.ca.gov.
  15. ↑ Notice of Intent to Award November 10, 2009, the Judicial Council issued a "Notice of Intent to Award", outsourcing the fifth California Child Support Guideline Review directly to Center for Policy Research of Denver, CO
  16. ↑ "Report to the California Legislature" (PDF). courts.ca.gov.
  17. ↑ Cal. Fam. Code sect. 4050–4076
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