These policies are not Local Rules and do not have the force of law, and they do not replace judicial discretion.
These policies are published to provide parties and counsel an understanding of decisions the Court is likely to make in specific factual situations commonly found in family law litigation, but not covered by case law or statute.
These policies are general statements describing how the Court will usually deal with the specific issues set forth below. The intent of the Court in adopting these statements is to encourage and assist parties and counsel to resolve disputes.
These policies will apply to temporary and permanent orders, in the Court’s discretion. They will not apply to a given case when contrary to law or when the application results in undue hardship.
1. Determination of Income
The incomes of the payor and the payee will generally be determined in the same manner as set forth in the applicable provisions of current statutory child support law, with due consideration of applicable spousal or partner support statutes.
2. Standard of Living During Marriage or Domestic Partnership
In determining the standard of living during marriage or domestic partnership, as provided in current statutory and case law regarding the standard of living, the Court will usually base its findings on the combined gross incomes of the parties at the time of separation.
3. Application of Local Spousal or Partner Support Formula
The Court will use the local spousal or partner support formula at temporary spousal or partner support hearings except in the following circumstances:
a. The application would be inequitable; or
b. The demonstrated need for the requested support is below the formula amount.
In the interest of avoiding unnecessary litigation on this issue, the Expense Declaration of the payee will not be viewed as determining or fixing need, but as indicating the level of expenditure under the existing circumstances.
The Parent/Child Time Sharing Percentages listed below may be used in calculating guideline child support in addition to similar charts which are part of the Judicial Council approved child support software. The appropriate percentage for the time share with the children is a question of fact for the Court.
(1) Time Sharing Arrangements
Days % a. 1 weekend per mo. 24 7 b. 1 extended weekend per mo. 36 10 c. 2 weekends/mo 48 13 d. 1 weekend/mo + 1 evening/wk 50 14 e. Alternate weekends 52 14 f. Alternate weekends + 2 wks summer 67 18 g. Alternate weekends & ½ holidays + 2 wks summer 69 19 (If CP has 2 wks over summer too, then) 67 18 h. Two extended weekends/month 72 20 i. Alternate weekends + 1 evening/wk 78 21 j. Alternate weekends + 1 overnight/wk 104 28 k. Alternate extended weekends 78 21 l. Alternate weekends & ½ holidays + 4 wks summer, (with alternating weekends continuing in summer, and makeup if weekends lost due to the 4 weeks) 77 21 m. Alternate weekends & ½ holidays + 4 weeks summer (with no alternating weekends all summer) 75 21 n. Alternate weekends & ½ holidays + ½ summer (with or without alternate weekends in summer) 82 22 o. Alternate extended weekends + 1 evening/wk 104 28 p. Alternate extended weekends + 1 overnight/wk 130 36 q. Alternate weekends & ½ holidays, 1 evening/wk, + 4 wks summer (with alternating weekends continuing in summer, and makeup if weekends lost due to the 4 weeks) 103 28 r. Alternate weekends and 1 evening/wk when school is in session, + ½ school vacations 104 28 s. Three days/wk 156 43 t. First, third, and fifth weekends 56 15 u. First, third, fifth, extended weekends 84 23 v. First, third, and alternate fifth weekends 52 14 w. First, third, alternate fifth extended weekends 78 21
a. Weekend - 6 p.m. Friday – 6 p.m. Sunday (2 days)
b. Extended Weekend - School closing Fri. – school opening Mon. (3 nights, 2 days)
c. 1st & 2nd; or 2nd & 4th Weekends - Same as Two Weekends per month
d. 1st & 3rd, & alternating 5th Weekends - Same as Alternate Weekends
e. Afternoon - After school until evening without dinner (1/4 day)
f. Evening - After school – after dinner (½ day; 1 eve./wk=26 days/year)
g. Overnight - School close mid-week – School opening next day (1 day) (1 day; 1 overnight/week = 52 days/year)
h. Holidays - New Year’s, President’s Day, Easter, Memorial Day, Mother’s Day or Father’s Day, July 4, Labor Day, Thanksgiving (2 days), Christmas, (½ holidays = 5 days/year)
i. Summer - 10 weeks (70) days; some schools may vary, such as those using an all year calendar
j. School Vacations - Summer, 2 wks Christmas, 1 wk Spring, (13 wks/year; ½ vacations = 45.5 days/year, not counting subtraction of NCP’s ordinary alternate weekend and mid-week visits and CP’s cross visits)
Travel expenses the Court will usually consider in setting child support include, but are not limited to, air travel costs, bus or train travel costs, and automobile travel costs outside the Greater Bay Area, or a comparable distance.