California Family Code

§ 4076

FAM § 4076 Effective Jan 1, 2020Div. 9 · Part 2 · Ch. 2 · Art. 2

Statute text

(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 guideline, and it is not using its discretionary authority to depart from the guideline pursuant to paragraph (3), (4), or (5) of subdivision (b) of Section 4057, and the amount of child support to be ordered is the amount provided under the guideline formula in subdivision (a) of Section 4055, the court may, in its discretion, order a two-step phase-in of the formula amount of support to provide the obligor with time for transition to the full formula amount if all of the following are true:

(1)The period of the phase-in is carefully limited to the time necessary for the obligor to rearrange the obligor’s financial obligations in order to meet the full formula amount of support.

(2)The obligor is immediately being ordered to pay not less than 30 percent of the amount of the child support increase, in addition to the amount of child support required under the prior order.

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Legislative history

Amended by Stats. 2019, Ch. 115, Sec. 47. (AB 1817) Effective January 1, 2020.