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California Child Support Guideline Review : ウィキペディア英語版
California Child Support Guideline Review

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.〔45 C.F.R. 302.56 "Guidelines for setting child support awards" http://edocket.access.gpo.gov/cfr_2008/octqtr/45cfr302.56.htm〕
==Background==
California has codified its guideline in its Family Code sections 4050–4076.〔Cal. Fam. Code sect. 4050–4076 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4050-4076〕
The California child support guideline is "presumptively" (but rebuttably) correct and directed toward the following principles or goals:〔Cal. Fam. Code sect. 4053 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4050-4076〕
* (a) A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life.
* (b) Both parents are mutually responsible for the support of their children.
* (c) The Guideline takes into account each parent's actual income and level of responsibility for the children.
* (d) Each parent should pay for the support of the children according to his or her ability.
* (e) The guideline seeks to place the interests of children as the state's top priority.
* (f) Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children.
* (g) Child support orders in cases in which both parents have high levels of responsibility for the children should reflect the increased costs of raising the children in two homes and should minimize significant disparities in the children's living standards in the two homes.
* (h) The financial needs of the children should be met through private financial resources as much as possible.
* (i) It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children.
* (j) The Guideline seeks to encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation.
* (k) The Guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formula.
* (l) Child support orders must ensure that children actually receive fair, timely, and sufficient support reflecting the California's high standard of living and high costs of raising children compared to other states.
The Judicial Council of California is required by law to review its guideline every four years at a minimum.〔Cal. Fam. Code sect. 4054 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4050-4076〕 In conducting the review the following broad cross-section of groups must be consulted:〔Cal. Fam. Code sect. 4054(f) http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4050-4076〕
* Custodial parents and non-custodial parents.
* Representatives of established women's rights and fathers' rights groups.
* Representatives of established organizations that advocate for the economic well-being of children.
* Members of the judiciary, district attorney's offices, the Attorney General's office, and the Department of Child Support Services.〔Department of Child Support Services (DCSS) http://www.childsup.ca.gov/〕
* Certified family law specialists.〔See Association of Certified Family Law Specialists in California http://www.acfls.org/〕
* Academicians specializing in family law.
* Persons representing low-income parents.
* Persons representing recipients of assistance under the CalWORKs program seeking child support services.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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