The Evolution of Child Support in San Diego Superior Court in a Divorce, Legal Separation or Paternity: 1970's Through 2014 [Summary]
In the past, the calculation of child support was often left to the parties, The San Diego Superior Court had not very much direction with the exception of consideration of the needs and earning abilities of the parents. In the late 1970's and through the early 1980's, San Diego Superior Court began experimenting with local support schedules. These gave a limited amount of guidance to the courts and parents. The amounts suggested, however compared with the current disso master guidelines in the past and now, tended to be very low. As an example, the schedule in the Uniform Domestic Relations Local Rules For Bay Area Superior Courts was at a maximum at Two Hundred Fifty Dollars per child per month however the Court could exercise discretion if the net monthly income[s] were above Two Thousand Dollars.1980'S: CHILD SUPPORT FOR DIVORCE, PATERNITY OR LEGAL SEPARATION
In 1985, the California Legislature passed the Agnos Minimum Standards Act. This required the Court to order child support above a mandatory minimum. This child support calculation was specifically set out in the Code. This act also required each County [including San Diego County] to adopt a child support guideline. Furthermore, Court’s were encouraged to order child support in excess of the minimum1990'S THROUGH 2014: CHILD SUPPORT FOR PATERNITY, DIVORCE OR LEGAL SEPARATION
In 1990, the California Legislature ordered the California Judicial Council to make a Rule of Court for all child support orders and calculations. On March 1, 1991, California Rules of Court, rule 1274 was adopted and was the law in the State of California and, of course, in San Diego County Superior Court. This Rule of Court did not last long, however, and was repealed with an effective date of June 30, 1992. In late 1991, the California Legislature took back the delegation of child support calculation functions from the California Judicial Council. Senate Bill 101 was passed which was a group of statutes by which the California Legislature mandated the procedure in which child support shall be calculated. Senate Bill 101 was quickly modified by Senate Bill 1161. The child support calculation portion of Senate Bill 101 was to go into effect on July 1, 1992. California Rules of Court, rule 1274 and Senate Bill 101 incorporated the provisions of the Agnos Act which mandated a minimum child support level. Those provisions for a mandatory minimum child support were effective until July 1, 1992. On July 1, 1992 they were both repealed forever. In May of 1992, the California Governor signed Senate Bill 370, which reinstated the time sharing or visitation adjustment. Effective September 22, 1992, Senate Bill 1614 further modified the child support calculation statute. although the general scheme of SB 370 was maintained. The most significant changes to the child support calculation scheme were:
Effective January 1, 1994, the California Family Code became effective which recodified the existing child support calculations. This was renumbered as California Family Law Code Section 4000 et seq.HOW CAN A SAN DIEGO LAW FIRM HELP WITH YOUR FAMILY LAW CASE?
Knowing the history of the child support evolution in law and calculations is important but most crucial is knowing the current law. The Law Firm of Doppelt and Forney, APLC has experience with child support cases and other family law cases in San Diego Superior Court. Feel free to contact their office for a confidential and no cost virtual consultation up to thirty minutes.