CA Family Law Code

San Fernando Valley Divorce and Family Law Attorneys

217. (a) At a hearing on any order to show cause or notice of motion brought pursuant to this code, absent a stipulation of the parties or a finding of good cause pursuant to subdivision (b), the court shall receive any live, competent testimony that is relevant and within the scope of the hearing and the court may ask questions of the parties.
(b) In appropriate cases, a court may make a finding of good cause to refuse to receive live testimony and shall state its reasons for the finding on the record or in writing. The Judicial Council shall, by January 1, 2012, adopt a statewide rule of court regarding the factors a court shall consider in making a finding of good cause.
(c) A party seeking to present live testimony from witnesses other than the parties shall, prior to the hearing, file and serve a witness list with a brief description of the anticipated testimony.
If the witness list is not served prior to the hearing, the court may, on request, grant a brief continuance and may make appropriate temporary orders pending the continued hearing.

241. Except as provided in Section 6300, an order described in Section 240 may not be granted without notice to the respondent unless it appears from facts shown by the affidavit in support of the application for the order, or in the application for the order, that great or irreparable injury would result to the applicant before the matter can be heard on notice.

246. An ex parte temporary restraining order described in Section 240 shall be issued or denied on the same day that the application is submitted to the court, unless the application is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.

270. If a court orders a party to pay attorney’s fees or costs under this code, the court shall first determine that the party has or is reasonably likely to have the ability to pay.

271. (a) Notwithstanding any other provision of this code, the court may base an award of attorney’s fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys. An award of attorney’s fees and costs pursuant to this section is in the nature of a sanction. In making an award pursuant to this section, the court shall take into consideration all evidence concerning the parties’ incomes, assets, and liabilities. The court shall not impose a sanction pursuant to this section that imposes an unreasonable financial burden on the party against whom the sanction is imposed. In order to obtain an award under this section, the party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award.

(b) An award of attorney’s fees and costs as a sanction pursuant to this section shall be imposed only after notice to the party against whom the sanction is proposed to be imposed and opportunity for that party to be heard.
(c) An award of attorney’s fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party’s share of the community property.

290. A judgment or order made or entered pursuant to this code may be enforced by the court by execution, the appointment of a receiver, or contempt, or by any other order as the court in its discretion determines from time to time to be necessary.

721. (a) Subject to subdivision (b), either husband or wife may enter into any transaction with the other, or with any other person, respecting property, which either might if unmarried.

(b) Except as provided in Sections 143, 144, 146, 16040, and 16047 of the Probate Code, in transactions between themselves, a husband and wife are subject to the general rules governing fiduciary relationships which control the actions of persons occupying
confidential relations with each other. This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other. This confidential relationship is a fiduciary relationship subject to the same rights and duties of nonmarital business partners, as provided in Sections 16403, 16404, and 16503 of the Corporations Code, including, but not limited to, the following:
(1) Providing each spouse access at all times to any books kept regarding a transaction for the purposes of inspection and copying. 

(2) Rendering upon request, true and full information of all things affecting any transaction which concerns the community property. Nothing in this section is intended to impose a duty for either spouse to keep detailed books and records of community property transactions.
(3) Accounting to the spouse, and holding as a trustee, any benefit or profit derived from any transaction by one spouse without the consent of the other spouse which concerns the community property.

755. (a) The terms “participant,” “beneficiary,” “employer,”

“employee organization,” “named fiduciary,” “fiduciary,” and
“administrator,” as used in subdivision (b), have the same meaning as
provided in Section 3 of the Employee Retirement Income Security Act
of 1974 (P.L. 93-406) (ERISA), as amended (29 U.S.C.A. Sec. 1002).
The term “employee benefit plan” has the same meaning as provided in
Section 80 of this code. The term “trustee” shall include a “named
fiduciary” as that term is employed in ERISA. The term “plan sponsor”
shall include an “employer” or “employee organization,” as those
terms are used in ERISA (29 U.S.C.A. Sec. 1002).
(b) Notwithstanding Sections 751 and 1100, if payment or refund is
made to a participant or the participant’s, employee’s, or former
employee’s beneficiary or estate pursuant to an employee benefit plan
including a plan governed by the Employee Retirement Income Security
Act of 1974 (P.L. 93-406), as amended, the payment or refund fully
discharges the plan sponsor and the administrator, trustee, or
insurance company making the payment or refund from all adverse
claims thereto unless, before the payment or refund is made, the plan
sponsor or the administrator of the plan has received written notice
by or on behalf of some other person that the other person claims to
be entitled to the payment or refund or some part thereof. Nothing
in this section affects or releases the participant from claims which
may exist against the participant by a person other than the plan
sponsor, trustee, administrator, or other person making the benefit
payment.

760. Except as otherwise provided by statute, all property, real or

personal, wherever situated, acquired by a married person during the
marriage while domiciled in this state is community property.

771. (a) The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, while living separate and apart from the other spouse, are the separate property of the spouse.

(b) Notwithstanding subdivision (a), the earnings and
accumulations of an unemancipated minor child related to a contract
of a type described in Section 6750 shall remain the sole legal
property of the minor child.

850. Subject to Sections 851 to 853, inclusive, married persons may by agreement or transfer, with or without consideration, do any of the following:
(a) Transmute community property to separate property of either spouse.
(b) Transmute separate property of either spouse to community property.
(c) Transmute separate property of one spouse to separate property of the other spouse.

852. (a) A transmutation of real or personal property is not valid unless made in writing by an express declaration that is made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected.
(b) A transmutation of real property is not effective as to third parties without notice thereof unless recorded.
(c) This section does not apply to a gift between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that is used solely or principally by the spouse to whom the gift is made and that is not substantial in value taking into account the circumstances of the marriage. (d) Nothing in this section affects the law governing characterization of property in which separate property and community property are commingled or otherwise combined.
(e) This section does not apply to or affect a transmutation of

property made before January 1, 1985, and the law that would
otherwise be applicable to that transmutation shall continue to
apply.

910. (a) Except as otherwise expressly provided by statute, the
community estate is liable for a debt incurred by either spouse
before or during marriage, regardless of which spouse has the
management and control of the property and regardless of whether one
or both spouses are parties to the debt or to a judgment for the
debt.
(b) “During marriage” for purposes of this section does not
include the period during which the spouses are living separate and
apart before a judgment of dissolution of marriage or legal
separation of the parties.

915. (a) For the purpose of this part, a child or spousal support
obligation of a married person that does not arise out of the
marriage shall be treated as a debt incurred before marriage,
regardless of whether a court order for support is made or modified
before or during marriage and regardless of whether any installment
payment on the obligation accrues before or during marriage.
(b) If property in the community estate is applied to the
satisfaction of a child or spousal support obligation of a married
person that does not arise out of the marriage, at a time when
nonexempt separate income of the person is available but is not
applied to the satisfaction of the obligation, the community estate
is entitled to reimbursement from the person in the amount of the
separate income, not exceeding the property in the community estate
so applied.
(c) Nothing in this section limits the matters a court may take
into consideration in determining or modifying the amount of a
support order, including, but not limited to, the earnings of the
spouses of the parties.

916. (a) Notwithstanding any other provision of this chapter, after
division of community and quasi-community property pursuant to
Division 7 (commencing with Section 2500):
(1) The separate property owned by a married person at the time of
the division and the property received by the person in the division
is liable for a debt incurred by the person before or during
marriage and the person is personally liable for the debt, whether or
not the debt was assigned for payment by the person’s spouse in the
division.
(2) The separate property owned by a married person at the time of
the division and the property received by the person in the division
is not liable for a debt incurred by the person’s spouse before or
during marriage, and the person is not personally liable for the
debt, unless the debt was assigned for payment by the person in the
division of the property. Nothing in this paragraph affects the
liability of property for the satisfaction of a lien on the property.
(3) The separate property owned by a married person at the time of
the division and the property received by the person in the division
is liable for a debt incurred by the person’s spouse before or
during marriage, and the person is personally liable for the debt, if
the debt was assigned for payment by the person in the division of
the property. If a money judgment for the debt is entered after the
division, the property is not subject to enforcement of the judgment
and the judgment may not be enforced against the married person,
unless the person is made a party to the judgment for the purpose of
this paragraph.
(b) If property of a married person is applied to the satisfaction
of a money judgment pursuant to subdivision (a) for a debt incurred
by the person that is assigned for payment by the person’s spouse,
the person has a right of reimbursement from the person’s spouse to
the extent of the property applied, with interest at the legal rate,
and may recover reasonable attorney’s fees incurred in enforcing the
right of reimbursement.

920. A right of reimbursement provided by this part is subject to
the following provisions:
(a) The right arises regardless of which spouse applies the
property to the satisfaction of the debt, regardless of whether the
property is applied to the satisfaction of the debt voluntarily or
involuntarily, and regardless of whether the debt to which the
property is applied is satisfied in whole or in part. The right is
subject to an express written waiver of the right by the spouse in
whose favor the right arises.
(b) The measure of reimbursement is the value of the property or
interest in property at the time the right arises.
(c) The right shall be exercised not later than the earlier of the
following times:
(1) Within three years after the spouse in whose favor the right
arises has actual knowledge of the application of the property to the
satisfaction of the debt.
(2) In proceedings for division of community and quasi-community
property pursuant to Division 7 (commencing with Section 2500) or in
proceedings upon the death of a spouse.

1100. (a) Except as provided in subdivisions (b), (c), and (d) and
Sections 761 and 1103, either spouse has the management and control
of the community personal property, whether acquired prior to or on
or after January 1, 1975, with like absolute power of disposition,
other than testamentary, as the spouse has of the separate estate of
the spouse.
(b) A spouse may not make a gift of community personal property,
or dispose of community personal property for less than fair and
reasonable value, without the written consent of the other spouse.
This subdivision does not apply to gifts mutually given by both
spouses to third parties and to gifts given by one spouse to the
other spouse.
(c) A spouse may not sell, convey, or encumber community personal
property used as the family dwelling, or the furniture, furnishings,
or fittings of the home, or the clothing or wearing apparel of the
other spouse or minor children which is community personal property,
without the written consent of the other spouse.
(d) Except as provided in subdivisions (b) and (c), and in Section
1102, a spouse who is operating or managing a business or an
interest in a business that is all or substantially all community
personal property has the primary management and control of the
business or interest. Primary management and control means that the
managing spouse may act alone in all transactions but shall give
prior written notice to the other spouse of any sale, lease,
exchange, encumbrance, or other disposition of all or substantially
all of the personal property used in the operation of the business
(including personal property used for agricultural purposes), whether
or not title to that property is held in the name of only one
spouse. Written notice is not, however, required when prohibited by
the law otherwise applicable to the transaction.
Remedies for the failure by a managing spouse to give prior
written notice as required by this subdivision are only as specified
in Section 1101. A failure to give prior written notice shall not
adversely affect the validity of a transaction nor of any interest
transferred.
(e) Each spouse shall act with respect to the other spouse in the
management and control of the community assets and liabilities in
accordance with the general rules governing fiduciary relationships
which control the actions of persons having relationships of personal
confidence as specified in Section 721, until such time as the
assets and liabilities have been divided by the parties or by a
court. This duty includes the obligation to make full disclosure to
the other spouse of all material facts and information regarding the
existence, characterization, and valuation of all assets in which the
community has or may have an interest and debts for which the
community is or may be liable, and to provide equal access to all
information, records, and books that pertain to the value and
character of those assets and debts, upon request.

1101. (a) A spouse has a claim against the other spouse for any
breach of the fiduciary duty that results in impairment to the
claimant spouse’s present undivided one-half interest in the
community estate, including, but not limited to, a single transaction
or a pattern or series of transactions, which transaction or
transactions have caused or will cause a detrimental impact to the
claimant spouse’s undivided one-half interest in the community
estate.
(b) A court may order an accounting of the property and
obligations of the parties to a marriage and may determine the rights
of ownership in, the beneficial enjoyment of, or access to,
community property, and the classification of all property of the
parties to a marriage.
(c) A court may order that the name of a spouse shall be added to
community property held in the name of the other spouse alone or that
the title of community property held in some other title form shall
be reformed to reflect its community character, except with respect
to any of the following:
(1) A partnership interest held by the other spouse as a general
partner.
(2) An interest in a professional corporation or professional
association.
(3) An asset of an unincorporated business if the other spouse is
the only spouse involved in operating and managing the business.
(4) Any other property, if the revision would adversely affect the
rights of a third person.
(d) (1) Except as provided in paragraph (2), any action under
subdivision (a) shall be commenced within three years of the date a
petitioning spouse had actual knowledge that the transaction or event
for which the remedy is being sought occurred.
(2) An action may be commenced under this section upon the death
of a spouse or in conjunction with an action for legal separation,
dissolution of marriage, or nullity without regard to the time
limitations set forth in paragraph (1).
(3) The defense of laches may be raised in any action brought
under this section.
(4) Except as to actions authorized by paragraph (2), remedies
under subdivision (a) apply only to transactions or events occurring
on or after July 1, 1987.
(e) In any transaction affecting community property in which the
consent of both spouses is required, the court may, upon the motion
of a spouse, dispense with the requirement of the other spouse’s
consent if both of the following requirements are met:
(1) The proposed transaction is in the best interest of the
community.
(2) Consent has been arbitrarily refused or cannot be obtained due
to the physical incapacity, mental incapacity, or prolonged absence
of the nonconsenting spouse.
(f) Any action may be brought under this section without filing an
action for dissolution of marriage, legal separation, or nullity, or
may be brought in conjunction with the action or upon the death of a
spouse.
(g) Remedies for breach of the fiduciary duty by one spouse,
including those set out in Sections 721 and 1100, shall include, but
not be limited to, an award to the other spouse of 50 percent, or an
amount equal to 50 percent, of any asset undisclosed or transferred
in breach of the fiduciary duty plus attorney’s fees and court costs.
The value of the asset shall be determined to be its highest value
at the date of the breach of the fiduciary duty, the date of the sale
or disposition of the asset, or the date of the award by the court.
(h) Remedies for the breach of the fiduciary duty by one spouse,
as set forth in Sections 721 and 1100, when the breach falls within
the ambit of Section 3294 of the Civil Code shall include, but not be
limited to, an award to the other spouse of 100 percent, or an
amount equal to 100 percent, of any asset undisclosed or transferred
in breach of the fiduciary duty.

1102. (a) Except as provided in Sections 761 and 1103, either
spouse has the management and control of the community real property,
whether acquired prior to or on or after January 1, 1975, but both
spouses, either personally or by a duly authorized agent, must join
in executing any instrument by which that community real property or
any interest therein is leased for a longer period than one year, or
is sold, conveyed, or encumbered.
(b) Nothing in this section shall be construed to apply to a
lease, mortgage, conveyance, or transfer of real property or of any
interest in real property between husband and wife.
(c) Notwithstanding subdivision (b):
(1) The sole lease, contract, mortgage, or deed of the husband,
holding the record title to community real property, to a lessee,
purchaser, or encumbrancer, in good faith without knowledge of the
marriage relation, shall be presumed to be valid if executed prior to
January 1, 1975.
(2) The sole lease, contract, mortgage, or deed of either spouse,
holding the record title to community real property to a lessee,
purchaser, or encumbrancer, in good faith without knowledge of the
marriage relation, shall be presumed to be valid if executed on or
after January 1, 1975.
(d) No action to avoid any instrument mentioned in this section,
affecting any property standing of record in the name of either
spouse alone, executed by the spouse alone, shall be commenced after
the expiration of one year from the filing for record of that
instrument in the recorder’s office in the county in which the land
is situated.
(e) Nothing in this section precludes either spouse from
encumbering his or her interest in community real property, as
provided in Section 2033, to pay reasonable attorney’s fees in order
to retain or maintain legal counsel in a proceeding for dissolution
of marriage, for nullity of marriage, or for legal separation of the
parties.

2010. In a proceeding for dissolution of marriage, for nullity of
marriage, or for legal separation of the parties, the court has
jurisdiction to inquire into and render any judgment and make orders
that are appropriate concerning the following:
(a) The status of the marriage, including any marriage under
subdivision (c) of Section 308.
(b) The custody of minor children of the marriage.
(c) The support of children for whom support may be ordered,
including children born after the filing of the initial petition or
the final decree of dissolution.
(d) The support of either party.
(e) The settlement of the property rights of the parties.
(f) The award of attorney’s fees and costs.

2021. (a) Subject to subdivision (b), the court may order that a
person who claims an interest in the proceeding be joined as a party
to the proceeding in accordance with rules adopted by the Judicial
Council pursuant to Section 211.
(b) An employee benefit plan may be joined as a party only in
accordance with Chapter 6 (commencing with Section 2060).

2022. (a) Evidence collected by eavesdropping in violation of
Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of
the Penal Code is inadmissible.
(b) If it appears that a violation described in subdivision (a)
exists, the court may refer the matter to the proper authority for
investigation and prosecution.

2024.6. (a) Upon request by a party to a petition for dissolution
of marriage, nullity of marriage, or legal separation, the court
shall order a pleading that lists the parties’ financial assets and
liabilities and provides the location or identifying information
about those assets and liabilities sealed. The request may be made by
ex parte application. Nothing sealed pursuant to this section may be
unsealed except upon petition to the court and good cause shown.
(b) Commencing not later than July 1, 2005, the Judicial Council
form used to declare assets and liabilities of the parties in a
proceeding for dissolution of marriage, nullity of marriage, or legal
separation of the parties shall require the party filing the form to
state whether the declaration contains identifying information on
the assets and liabilities listed therein. If the party making the
request uses a pleading other than the Judicial Council form, the
pleading shall exhibit a notice on the front page, in bold capital
letters, that the pleading lists and identifies financial information
and is therefore subject to this section.
(c) For purposes of this section, “pleading” means a document that
sets forth or declares the parties’ assets and liabilities, income
and expenses, a marital settlement agreement that lists and
identifies the parties’ assets and liabilities, or any document filed
with the court incidental to the declaration or agreement that lists
and identifies financial information.
(d) The party making the request to seal a pleading pursuant to
subdivision (a) shall serve a copy of the pleading on the other party
to the proceeding and file a proof of service with the request to
seal the pleading.
(e) Nothing in this section precludes a party to a proceeding
described in this section from using any document or information
contained in a sealed pleading in any manner that is not otherwise
prohibited by law.

2030. (a) (1) In a proceeding for dissolution of marriage, nullity
of marriage, or legal separation of the parties, and in any
proceeding subsequent to entry of a related judgment, the court shall
ensure that each party has access to legal representation, including
access early in the proceedings, to preserve each party’s rights by
ordering, if necessary based on the income and needs assessments, one
party, except a governmental entity, to pay to the other party, or
to the other party’s attorney, whatever amount is reasonably
necessary for attorney’s fees and for the cost of maintaining or
defending the proceeding during the pendency of the proceeding.
(2) When a request for attorney’s fees and costs is made, the
court shall make findings on whether an award of attorney’s fees and
costs under this section is appropriate, whether there is a disparity
in access to funds to retain counsel, and whether one party is able
to pay for legal representation of both parties. If the findings
demonstrate disparity in access and ability to pay, the court shall
make an order awarding attorney’s fees and costs. A party who lacks
the financial ability to hire an attorney may request, as an in pro
per litigant, that the court order the other party, if that other
party has the financial ability, to pay a reasonable amount to allow
the unrepresented party to retain an attorney in a timely manner
before proceedings in the matter go forward.
(b) Attorney’s fees and costs within this section may be awarded
for legal services rendered or costs incurred before or after the
commencement of the proceeding.
(c) The court shall augment or modify the original award for
attorney’s fees and costs as may be reasonably necessary for the
prosecution or defense of the proceeding, or any proceeding related
thereto, including after any appeal has been concluded.
(d) Any order requiring a party who is not the spouse of another
party to the proceeding to pay attorney’s fees or costs shall be
limited to an amount reasonably necessary to maintain or defend the
action on the issues relating to that party.
(e) The Judicial Council shall, by January 1, 2012, adopt a
statewide rule of court to implement this section and develop a form
for the information that shall be submitted to the court to obtain an
award of attorney’s fees under this section.

2032. (a) The court may make an award of attorney’s fees and costs
under Section 2030 or 2031 where the making of the award, and the
amount of the award, are just and reasonable under the relative
circumstances of the respective parties.
(b) In determining what is just and reasonable under the relative
circumstances, the court shall take into consideration the need for
the award to enable each party, to the extent practical, to have
sufficient financial resources to present the party’s case
adequately, taking into consideration, to the extent relevant, the
circumstances of the respective parties described in Section 4320.
The fact that the party requesting an award of attorney’s fees and
costs has resources from which the party could pay the party’s own
attorney’s fees and costs is not itself a bar to an order that the
other party pay part or all of the fees and costs requested.
Financial resources are only one factor for the court to consider in
determining how to apportion the overall cost of the litigation
equitably between the parties under their relative circumstances.
(c) The court may order payment of an award of attorney’s fees and
costs from any type of property, whether community or separate,
principal or income.
(d) Either party may, at any time before the hearing of the cause
on the merits, on noticed motion, request the court to make a finding
that the case involves complex or substantial issues of fact or law
related to property rights, visitation, custody, or support. Upon
that finding, the court may in its discretion determine the
appropriate, equitable allocation of attorney’s fees, court costs,
expert fees, and consultant fees between the parties. The court order
may provide for the allocation of separate or community assets,
security against these assets, and for payments from income or
anticipated income of either party for the purpose described in this
subdivision and for the benefit of one or both parties. Payments
shall be authorized only on agreement of the parties or, in the
absence thereof, by court order. The court may order that a referee
be appointed pursuant to Section 639 of the Code of Civil Procedure
to oversee the allocation of fees and costs.

2045. During the pendency of the proceeding, on application of a
party in the manner provided by Part 4 (commencing with Section 240)
of Division 2, the court may issue ex parte any of the following
orders:
(a) An order restraining any person from transferring,
encumbering, hypothecating, concealing, or in any way disposing of
any property, real or personal, whether community, quasi-community,
or separate, except in the usual course of business or for the
necessities of life, and if the order is directed against a party,
requiring that party to notify the other party of any proposed
extraordinary expenditures and to account to the court for all
extraordinary expenditures.
(b) A protective order, as defined in Section 6218, and any other
order as provided in Article 1 (commencing with Section 6320) of
Chapter 2 of Part 4 of Division 10.

2060. (a) Upon written application by a party, the clerk shall
enter an order joining as a party to the proceeding any employee
benefit plan in which either party to the proceeding claims an
interest that is or may be subject to disposition by the court.
(b) An order or judgment in the proceeding is not enforceable
against an employee benefit plan unless the plan has been joined as a
party to the proceeding.

2100. The Legislature finds and declares the following:
(a) It is the policy of the State of California (1) to marshal,
preserve, and protect community and quasi-community assets and
liabilities that exist at the date of separation so as to avoid
dissipation of the community estate before distribution, (2) to
ensure fair and sufficient child and spousal support awards, and (3)
to achieve a division of community and quasi-community assets and
liabilities on the dissolution or nullity of marriage or legal
separation of the parties as provided under California law.
(b) Sound public policy further favors the reduction of the
adversarial nature of marital dissolution and the attendant costs by
fostering full disclosure and cooperative discovery.
(c) In order to promote this public policy, a full and accurate
disclosure of all assets and liabilities in which one or both parties
have or may have an interest must be made in the early stages of a
proceeding for dissolution of marriage or legal separation of the
parties, regardless of the characterization as community or separate,
together with a disclosure of all income and expenses of the
parties. Moreover, each party has a continuing duty to immediately,
fully, and accurately update and augment that disclosure to the
extent there have been any material changes so that at the time the
parties enter into an agreement for the resolution of any of these
issues, or at the time of trial on these issues, each party will have
a full and complete knowledge of the relevant underlying facts.

2102. (a) From the date of separation to the date of the
distribution of the community or quasi-community asset or liability
in question, each party is subject to the standards provided in
Section 721, as to all activities that affect the assets and
liabilities of the other party, including, but not limited to, the
following activities:
(1) The accurate and complete disclosure of all assets and
liabilities in which the party has or may have an interest or
obligation and all current earnings, accumulations, and expenses,
including an immediate, full, and accurate update or augmentation to
the extent there have been any material changes.
(2) The accurate and complete written disclosure of any investment
opportunity, business opportunity, or other income-producing
opportunity that presents itself after the date of separation, but
that results from any investment, significant business activity
outside the ordinary course of business, or other income-producing
opportunity of either spouse from the date of marriage to the date of
separation, inclusive. The written disclosure shall be made in
sufficient time for the other spouse to make an informed decision as
to whether he or she desires to participate in the investment
opportunity, business, or other potential income-producing
opportunity, and for the court to resolve any dispute regarding the
right of the other spouse to participate in the opportunity. In the
event of nondisclosure of an investment opportunity, the division of
any gain resulting from that opportunity is governed by the standard
provided in Section 2556.
(3) The operation or management of a business or an interest in a
business in which the community may have an interest.
(b) From the date that a valid, enforceable, and binding
resolution of the disposition of the asset or liability in question
is reached, until the asset or liability has actually been
distributed, each party is subject to the standards provided in
Section 721 as to all activities that affect the assets or
liabilities of the other party. Once a particular asset or liability
has been distributed, the duties and standards set forth in Section
721 shall end as to that asset or liability.
(c) From the date of separation to the date of a valid,
enforceable, and binding resolution of all issues relating to child
or spousal support and professional fees, each party is subject to
the standards provided in Section 721 as to all issues relating to
the support and fees, including immediate, full, and accurate
disclosure of all material facts and information regarding the income
or expenses of the party.

2104. (a) Except by court order for good cause, as provided in
Section 2107, after or concurrently with service of the petition for
dissolution or nullity of marriage or legal separation of the
parties, each party shall serve on the other party a preliminary
declaration of disclosure, executed under penalty of perjury on a
form prescribed by the Judicial Council. The commission of perjury on
the preliminary declaration of disclosure may be grounds for setting
aside the judgment, or any part or parts thereof, pursuant to
Chapter 10 (commencing with Section 2120), in addition to any and all
other remedies, civil or criminal, that otherwise are available
under law for the commission of perjury.
(b) The preliminary declaration of disclosure shall not be filed
with the court, except on court order. However, the parties shall
file proof of service of the preliminary declaration of disclosure
with the court.
(c) The preliminary declaration of disclosure shall set forth with
sufficient particularity, that a person of reasonable and ordinary
intelligence can ascertain, all of the following:
(1) The identity of all assets in which the declarant has or may
have an interest and all liabilities for which the declarant is or
may be liable, regardless of the characterization of the asset or
liability as community, quasi-community, or separate.
(2) The declarant’s percentage of ownership in each asset and
percentage of obligation for each liability where property is not
solely owned by one or both of the parties. The preliminary
declaration may also set forth the declarant’s characterization of
each asset or liability.
(d) A declarant may amend his or her preliminary declaration of
disclosure without leave of the court. Proof of service of any
amendment shall be filed with the court.
(e) Along with the preliminary declaration of disclosure, each
party shall provide the other party with a completed income and
expense declaration unless an income and expense declaration has
already been provided and is current and valid.

2105. (a) Except by court order for good cause, before or at the
time the parties enter into an agreement for the resolution of
property or support issues other than pendente lite support, or, if
the case goes to trial, no later than 45 days before the first
assigned trial date, each party, or the attorney for the party in
this matter, shall serve on the other party a final declaration of
disclosure and a current income and expense declaration, executed
under penalty of perjury on a form prescribed by the Judicial
Council, unless the parties mutually waive the final declaration of
disclosure. The commission of perjury on the final declaration of
disclosure by a party may be grounds for setting aside the judgment,
or any part or parts thereof, pursuant to Chapter 10 (commencing with
Section 2120), in addition to any and all other remedies, civil or
criminal, that otherwise are available under law for the commission
of perjury.
(b) The final declaration of disclosure shall include all of the
following information:
(1) All material facts and information regarding the
characterization of all assets and liabilities.
(2) All material facts and information regarding the valuation of
all assets that are contended to be community property or in which it
is contended the community has an interest.
(3) All material facts and information regarding the amounts of
all obligations that are contended to be community obligations or for
which it is contended the community has liability.
(4) All material facts and information regarding the earnings,
accumulations, and expenses of each party that have been set forth in
the income and expense declaration.
(c) In making an order setting aside a judgment for failure to
comply with this section, the court may limit the set aside to those
portions of the judgment materially affected by the nondisclosure.
(d) The parties may stipulate to a mutual waiver of the
requirements of subdivision (a) concerning the final declaration of
disclosure, by execution of a waiver under penalty of perjury entered
into in open court or by separate stipulation. The waiver shall
include all of the following representations:
(1) Both parties have complied with Section 2104 and the
preliminary declarations of disclosure have been completed and
exchanged.
(2) Both parties have completed and exchanged a current income and
expense declaration, that includes all material facts and
information regarding that party’s earnings, accumulations, and
expenses.
(3) Both parties have fully complied with Section 2102 and have
fully augmented the preliminary declarations of disclosure, including
disclosure of all material facts and information regarding the
characterization of all assets and liabilities, the valuation of all
assets that are contended to be community property or in which it is
contended the community has an interest, and the amounts of all
obligations that are contended to be community obligations or for
which it is contended the community has liability.
(4) The waiver is knowingly, intelligently, and voluntarily
entered into by each of the parties.
(5) Each party understands that this waiver does not limit the
legal disclosure obligations of the parties, but rather is a
statement under penalty of perjury that those obligations have been
fulfilled. Each party further understands that noncompliance with
those obligations will result in the court setting aside the
judgment.

2108. At any time during the proceeding, the court has the
authority, on application of a party and for good cause, to order the
liquidation of community or quasi-community assets so as to avoid
unreasonable market or investment risks, given the relative nature,
scope, and extent of the community estate. However, in no event shall
the court grant the application unless, as provided in this chapter,
the appropriate declaration of disclosure has been served by the
moving party.

2122. The grounds and time limits for a motion to set aside a
judgment, or any part or parts thereof, are governed by this section
and shall be one of the following:
(a) Actual fraud where the defrauded party was kept in ignorance
or in some other manner was fraudulently prevented from fully
participating in the proceeding. An action or motion based on fraud
shall be brought within one year after the date on which the
complaining party either did discover, or should have discovered, the
fraud.
(b) Perjury. An action or motion based on perjury in the
preliminary or final declaration of disclosure, the waiver of the
final declaration of disclosure, or in the current income and expense
statement shall be brought within one year after the date on which
the complaining party either did discover, or should have discovered,
the perjury.
(c) Duress. An action or motion based upon duress shall be brought
within two years after the date of entry of judgment.
(d) Mental incapacity. An action or motion based on mental
incapacity shall be brought within two years after the date of entry
of judgment.
(e) As to stipulated or uncontested judgments or that part of a
judgment stipulated to by the parties, mistake, either mutual or
unilateral, whether mistake of law or mistake of fact. An action or
motion based on mistake shall be brought within one year after the
date of entry of judgment.
(f) Failure to comply with the disclosure requirements of Chapter
9 (commencing with Section 2100). An action or motion based on
failure to comply with the disclosure requirements shall be brought
within one year after the date on which the complaining party either
discovered, or should have discovered, the failure to comply.

2320. A judgment of dissolution of marriage may not be entered
unless one of the parties to the marriage has been a resident of this
state for six months and of the county in which the proceeding is
filed for three months next preceding the filing of the petition.

2321. (a) In a proceeding for legal separation of the parties in
which neither party, at the time the proceeding was commenced, has
complied with the residence requirements of Section 2320, either
party may, upon complying with the residence requirements, amend the
party’s petition or responsive pleading in the proceeding to request
that a judgment of dissolution of the marriage be entered. The date
of the filing of the amended petition or pleading shall be deemed to
be the date of commencement of the proceeding for the dissolution of
the marriage for the purposes only of the residence requirements of
Section 2320.
(b) If the other party has appeared in the proceeding, notice of
the amendment shall be given to the other party in the manner
provided by rules adopted by the Judicial Council. If no appearance
has been made by the other party in the proceeding, notice of the
amendment may be given to the other party by mail to the last known
address of the other party, or by personal service, if the intent of
the party to so amend upon satisfaction of the residence requirements
of Section 2320 is set forth in the initial petition or pleading in
the manner provided by rules adopted by the Judicial Council.

2335. Except as otherwise provided by statute, in a pleading or
proceeding for dissolution of marriage or legal separation of the
parties, including depositions and discovery proceedings, evidence of
specific acts of misconduct is improper and inadmissible.

2335.5. In a proceeding for dissolution of marriage or legal
separation of the parties, where the judgment is to be entered by
default, the petitioner shall provide the court clerk with a stamped
envelope bearing sufficient postage addressed to the spouse who has
defaulted, with the address of the court clerk as the return address,
and the court clerk shall mail a copy of the request to enter
default to that spouse in the envelope provided. A judgment of
dissolution or legal separation, including relief requested in the
petition, shall not be denied solely on the basis that the request to
enter default was returned unopened to the court. The court clerk
shall maintain any such document returned by the post office as part
of the court file in the case.

2336. (a) No judgment of dissolution or of legal separation of the
parties may be granted upon the default of one of the parties or upon
a statement or finding of fact made by a referee; but the court
shall, in addition to the statement or finding of the referee,
require proof of the grounds alleged, and the proof, if not taken
before the court, shall be by affidavit. In all cases where there are
minor children of the parties, each affidavit or offer of proof
shall include an estimate by the declarant or affiant of the monthly
gross income of each party. If the declarant or affiant has no
knowledge of the estimated monthly income of a party, the declarant
or affiant shall state why he or she has no knowledge. In all cases
where there is a community estate, each affidavit or offer of proof
shall include an estimate of the value of the assets and the debts
the declarant or affiant proposes to be distributed to each party,
unless the declarant or affiant has filed, or concurrently files, a
complete and accurate property declaration with the court.
(b) If the proof is by affidavit, the personal appearance of the
affiant is required only when it appears to the court that any of the
following circumstances exist:
(1) Reconciliation of the parties is reasonably possible.
(2) A proposed child custody order is not in the best interest of
the child.
(3) A proposed child support order is less than a noncustodial
parent is capable of paying.
(4) A personal appearance of a party or interested person would be
in the best interests of justice.
(c) An affidavit submitted pursuant to this section shall contain
a stipulation by the affiant that the affiant understands that proof
will be by affidavit and that the affiant will not appear before the
court unless so ordered by the court.

2337. (a) In a proceeding for dissolution of marriage, the court,
upon noticed motion, may sever and grant an early and separate trial
on the issue of the dissolution of the status of the marriage apart
from other issues.
(b) A preliminary declaration of disclosure with a completed
schedule of assets and debts shall be served on the nonmoving party
with the noticed motion unless it has been served previously, or
unless the parties stipulate in writing to defer service of the
preliminary declaration of disclosure until a later time.
(c) The court may impose upon a party any of the following
conditions on granting a severance of the issue of the dissolution of
the status of the marriage, and in case of that party’s death, an
order of any of the following conditions continues to be binding upon
that party’s estate:
(1) The party shall indemnify and hold the other party harmless
from any taxes, reassessments, interest, and penalties payable by the
other party in connection with the division of the community estate
that would not have been payable if the parties were still married at
the time the division was made.
(2) Until judgment has been entered on all remaining issues and
has become final, the party shall maintain all existing health and
medical insurance coverage for the other party and any minor children
as named dependents, so long as the party is eligible to do so. If
at any time during this period the party is not eligible to maintain
that coverage, the party shall, at the party’s sole expense, provide
and maintain health and medical insurance coverage that is comparable
to the existing health and medical insurance coverage to the extent
it is available. To the extent that coverage is not available, the
party shall be responsible to pay, and shall demonstrate to the court’
s satisfaction the ability to pay, for the health and medical care
for the other party and the minor children, to the extent that care
would have been covered by the existing insurance coverage but for
the dissolution of marital status, and shall otherwise indemnify and
hold the other party harmless from any adverse consequences resulting
from the loss or reduction of the existing coverage. For purposes of
this subdivision, “health and medical insurance coverage” includes
any coverage for which the parties are eligible under any group or
individual health or other medical plan, fund, policy, or program.
(3) Until judgment has been entered on all remaining issues and
has become final, the party shall indemnify and hold the other party
harmless from any adverse consequences to the other party if the
bifurcation results in a termination of the other party’s right to a
probate homestead in the residence in which the other party resides
at the time the severance is granted.
(4) Until judgment has been entered on all remaining issues and
has become final, the party shall indemnify and hold the other party
harmless from any adverse consequences to the other party if the
bifurcation results in the loss of the rights of the other party to a
probate family allowance as the surviving spouse of the party.
(5) Until judgment has been entered on all remaining issues and
has become final, the party shall indemnify and hold the other party
harmless from any adverse consequences to the other party if the
bifurcation results in the loss of the other party’s rights with
respect to any retirement, survivor, or deferred compensation
benefits under any plan, fund, or arrangement, or to any elections or
options associated therewith, to the extent that the other party
would have been entitled to those benefits or elections as the spouse
or surviving spouse of the party.
(6) The party shall indemnify and hold the other party harmless
from any adverse consequences if the bifurcation results in the loss
of rights to social security benefits or elections to the extent the
other party would have been entitled to those benefits or elections
as the surviving spouse of the party.
(7) (A) The court may make an order pursuant to paragraph (3) of
subdivision (b) of Section 5600 of the Probate Code, if appropriate,
that a party maintain a beneficiary designation for a nonprobate
transfer, as described in Section 5000 of the Probate Code, for a
spouse or domestic partner for up to one-half of or, upon a showing
of good cause, for all of a nonprobate transfer asset until judgment
has been entered with respect to the community ownership of that
asset, and until the other party’s interest therein has been
distributed to him or her.
(B) Except upon a showing of good cause, this paragraph does not
apply to any of the following:
(i) A nonprobate transfer described in Section 5000 of the Probate
Code that was not created by either party or that was acquired by
either party by gift, descent, or devise.
(ii) An irrevocable trust.
(iii) A trust of which neither party is the grantor.
(iv) Powers of appointment under a trust instrument that was not
created by either party or of which neither party is a grantor.
(v) The execution and filing of a disclaimer pursuant to Part 8
(commencing with Section 260) of Division 2 of the Probate Code.
(vi) The appointment of a party as a trustee.
(8) In order to preserve the ability of the party to defer the
distribution of the Individual Retirement Account or annuity (IRA)
established under Section 408 or 408A of the Internal Revenue Code of
1986, as amended, (IRC) upon the death of the other party, the court
may require that one-half, or all upon a showing of good cause, of
the community interest in any IRA, by or for the benefit of the
party, be assigned and transferred to the other party pursuant to
Section 408(d)(6) of the Internal Revenue Code. This paragraph does
not limit the power granted pursuant to subdivision (g).
(9) Upon a showing that circumstances exist that would place a
substantial burden of enforcement upon either party’s community
property rights or would eliminate the ability of the surviving party
to enforce his or her community property rights if the other party
died before the division and distribution or compliance with any
court-ordered payment of any community property interest therein,
including, but not limited to, a situation in which preemption under
federal law applies to an asset of a party, or purchase by a bona
fide purchaser has occurred, the court may order a specific security
interest designed to reduce or eliminate the likelihood that a
postmortem enforcement proceeding would be ineffective or unduly
burdensome to the surviving party. For this purpose, those orders may
include, but are not limited to, any of the following:
(A) An order that the party provide an undertaking.
(B) An order to provide a security interest by Qualified Domestic
Relations Order from that party’s share of a retirement plan or
plans.
(C) An order for the creation of a trust as defined in paragraph
(2) of subdivision (a) of Section 82 of the Probate Code.
(D) An order for other arrangements as may be reasonably necessary
and feasible to provide appropriate security in the event of the
party’s death before judgment has been entered with respect to the
community ownership of that asset, and until the other party’s
interest therein has been distributed to him or her.
(E) If a retirement plan is not subject to an enforceable court
order for the payment of spousal survivor benefits to the other
party, an interim order requiring the party to pay or cause to be
paid, and to post adequate security for the payment of, any survivor
benefit that would have been payable to the other party on the death
of the party but for the judgment granting a dissolution of the
status of the marriage, pending entry of judgment on all remaining
issues.
(10) Any other condition the court determines is just and
equitable.
(d) Prior to, or simultaneously with, entry of judgment granting
dissolution of the status of the marriage, all of the following shall
occur:
(1) The party’s retirement or pension plan shall be joined as a
party to the proceeding for dissolution, unless joinder is precluded
or made unnecessary by Title 1 of the federal Employee Retirement
Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.), as amended
(ERISA), or any other applicable law.
(2) To preserve the claims of each spouse in all retirement plan
benefits upon entry of judgment granting a dissolution of the status
of the marriage, the court shall enter one of the following in
connection with the judgment for each retirement plan in which either
party is a participant:
(A) An order pursuant to Section 2610 disposing of each party’s
interest in retirement plan benefits, including survivor and death
benefits.
(B) An interim order preserving the nonemployee party’s right to
retirement plan benefits, including survivor and death benefits,
pending entry of judgment on all remaining issues.
(C) An attachment to the judgment granting a dissolution of the
status of the marriage, as follows:

EACH PARTY (insert names and addresses) IS PROVISIONALLY AWARDED
WITHOUT PREJUDICE AND SUBJECT TO ADJUSTMENT BY A SUBSEQUENT DOMESTIC
RELATIONS ORDER, A SEPARATE INTEREST EQUAL TO ONE-HALF OF ALL
BENEFITS ACCRUED OR TO BE ACCRUED UNDER THE PLAN (name each plan
individually) AS A RESULT OF EMPLOYMENT OF THE OTHER PARTY DURING THE
MARRIAGE OR DOMESTIC PARTNERSHIP AND PRIOR TO THE DATE OF
SEPARATION. IN ADDITION, PENDING FURTHER NOTICE, THE PLAN SHALL, AS
ALLOWED BY LAW, OR IN THE CASE OF A GOVERNMENTAL PLAN, AS ALLOWED BY
THE TERMS OF THE PLAN, CONTINUE TO TREAT THE PARTIES AS MARRIED OR
DOMESTIC PARTNERS FOR PURPOSES OF ANY SURVIVOR RIGHTS OR BENEFITS
AVAILABLE UNDER THE PLAN TO THE EXTENT NECESSARY TO PROVIDE FOR
PAYMENT OF AN AMOUNT EQUAL TO THAT SEPARATE INTEREST OR FOR ALL OF
THE SURVIVOR BENEFIT IF AT THE TIME OF THE DEATH OF THE PARTICIPANT,
THERE IS NO OTHER ELIGIBLE RECIPIENT OF THE SURVIVOR BENEFIT.

(e) The moving party shall promptly serve a copy of any order,
interim order, or attachment entered pursuant to paragraph (2) of
subdivision (d), and a copy of the judgment granting a dissolution of
the status of the marriage, on the retirement or pension plan
administrator.
(f) A judgment granting a dissolution of the status of the
marriage shall expressly reserve jurisdiction for later determination
of all other pending issues.
(g) If the party dies after the entry of judgment granting a
dissolution of marriage, any obligation imposed by this section shall
be enforceable against any asset, including the proceeds thereof,
against which these obligations would have been enforceable prior to
the person’s death.

2346. (a) If the court determines that a judgment of dissolution of
the marriage should be granted, but by mistake, negligence, or
inadvertence, the judgment has not been signed, filed, and entered,
the court may cause the judgment to be signed, dated, filed, and
entered in the proceeding as of the date when the judgment could have
been signed, dated, filed, and entered originally, if it appears to
the satisfaction of the court that no appeal is to be taken in the
proceeding or motion made for a new trial, to annul or set aside the
judgment, or for relief under Chapter 8 (commencing with Section 469)
of Title 6 of Part 2 of the Code of Civil Procedure.
(b) The court may act under subdivision (a) on its own motion or
upon the motion of either party to the proceeding. In contested
cases, the motion of a party shall be with notice to the other party.
(c) The court may cause the judgment to be entered nunc pro tunc
as provided in this section, even though the judgment may have been
previously entered, where through mistake, negligence, or
inadvertence the judgment was not entered as soon as it could have
been entered under the law if applied for.
(d) The court shall not cause a judgment to be entered nunc pro
tunc as provided in this section as of a date before trial in the
matter, before the date of an uncontested judgment hearing in the
matter, or before the date of submission to the court of an
application for judgment on affidavit pursuant to Section 2336. Upon
the entry of the judgment, the parties have the same rights with
regard to the dissolution of marriage becoming final on the date that
it would have become final had the judgment been entered upon the
date when it could have been originally entered.

2550. Except upon the written agreement of the parties, or on oral
stipulation of the parties in open court, or as otherwise provided in
this division, in a proceeding for dissolution of marriage or for
legal separation of the parties, the court shall, either in its
judgment of dissolution of the marriage, in its judgment of legal
separation of the parties, or at a later time if it expressly
reserves jurisdiction to make such a property division, divide the
community estate of the parties equally.

2552. (a) For the purpose of division of the community estate upon
dissolution of marriage or legal separation of the parties, except as
provided in subdivision (b), the court shall value the assets and
liabilities as near as practicable to the time of trial.
(b) Upon 30 days’ notice by the moving party to the other party,
the court for good cause shown may value all or any portion of the
assets and liabilities at a date after separation and before trial to
accomplish an equal division of the community estate of the parties
in an equitable manner.

2556. In a proceeding for dissolution of marriage, for nullity of
marriage, or for legal separation of the parties, the court has
continuing jurisdiction to award community estate assets or community
estate liabilities to the parties that have not been previously
adjudicated by a judgment in the proceeding. A party may file a
postjudgment motion or order to show cause in the proceeding in order
to obtain adjudication of any community estate asset or liability
omitted or not adjudicated by the judgment. In these cases, the court
shall equally divide the omitted or unadjudicated community estate
asset or liability, unless the court finds upon good cause shown that
the interests of justice require an unequal division of the asset or
liability.

2580. The Legislature hereby finds and declares as follows:
(a) It is the public policy of this state to provide uniformly and
consistently for the standard of proof in establishing the character
of property acquired by spouses during marriage in joint title form,
and for the allocation of community and separate interests in that
property between the spouses.
(b) The methods provided by case and statutory law have not
resulted in consistency in the treatment of spouses’ interests in
property they hold in joint title, but rather, have created confusion
as to which law applies to property at a particular point in time,
depending on the form of title, and, as a result, spouses cannot have
reliable expectations as to the characterization of their property
and the allocation of the interests therein, and attorneys cannot
reliably advise their clients regarding applicable law.
(c) Therefore, a compelling state interest exists to provide for
uniform treatment of property. Thus, former Sections 4800.1 and
4800.2 of the Civil Code, as operative on January 1, 1987, and as
continued in Sections 2581 and 2640 of this code, apply to all
property held in joint title regardless of the date of acquisition of
the property or the date of any agreement affecting the character of
the property, and those sections apply in all proceedings commenced
on or after January 1, 1984. However, those sections do not apply to
property settlement agreements executed before January 1, 1987, or
proceedings in which judgments were rendered before January 1, 1987,
regardless of whether those judgments have become final.

2581. For the purpose of division of property on dissolution of
marriage or legal separation of the parties, property acquired by the
parties during marriage in joint form, including property held in
tenancy in common, joint tenancy, or tenancy by the entirety, or as
community property, is presumed to be community property. This
presumption is a presumption affecting the burden of proof and may be
rebutted by either of the following:
(a) A clear statement in the deed or other documentary evidence of
title by which the property is acquired that the property is
separate property and not community property.
(b) Proof that the parties have made a written agreement that the
property is separate property.

2601. Where economic circumstances warrant, the court may award an
asset of the community estate to one party on such conditions as the
court deems proper to effect a substantially equal division of the
community estate.

2603.5. The court may, if there is a judgment for civil damages for
an act of domestic violence perpetrated by one spouse against the
other spouse, enforce that judgment against the abusive spouse’s
share of community property, if a proceeding for dissolution of
marriage or legal separation of the parties is pending prior to the
entry of final judgment.

2610. (a) Except as provided in subdivision (b), the court shall
make whatever orders are necessary or appropriate to ensure that each
party receives the party’s full community property share in any
retirement plan, whether public or private, including all survivor
and death benefits, including, but not limited to, any of the
following:
(1) Order the disposition of any retirement benefits payable upon
or after the death of either party in a manner consistent with
Section 2550.
(2) Order a party to elect a survivor benefit annuity or other
similar election for the benefit of the other party, as specified by
the court, in any case in which a retirement plan provides for such
an election, provided that no court shall order a retirement plan to
provide increased benefits determined on the basis of actuarial
value.
(3) Upon the agreement of the nonemployee spouse, order the
division of accumulated community property contributions and service
credit as provided in the following or similar enactments:
(A) Article 2 (commencing with Section 21290) of Chapter 9 of Part
3 of Division 5 of Title 2 of the Government Code.
(B) Chapter 12 (commencing with Section 22650) of Part 13 of the
Education Code.
(C) Article 8.4 (commencing with Section 31685) of Chapter 3 of
Part 3 of Division 4 of Title 3 of the Government Code.
(D) Article 2.5 (commencing with Section 75050) of Chapter 11 of
Title 8 of the Government Code.
(E) Chapter 15 (commencing with Section 27400) of Part 14 of the
Education Code.
(4) Order a retirement plan to make payments directly to a
nonmember party of his or her community property interest in
retirement benefits.
(b) A court shall not make any order that requires a retirement
plan to do either of the following:
(1) Make payments in any manner that will result in an increase in
the amount of benefits provided by the plan.
(2) Make the payment of benefits to any party at any time before
the member retires, except as provided in paragraph (3) of
subdivision (a), unless the plan so provides.
(c) This section shall not be applied retroactively to payments
made by a retirement plan to any person who retired or died prior to
January 1, 1987, or to payments made to any person who retired or
died prior to June 1, 1988, for plans subject to paragraph (3) of
subdivision (a).

2640. (a) “Contributions to the acquisition of property,” as used
in this section, include downpayments, payments for improvements, and
payments that reduce the principal of a loan used to finance the
purchase or improvement of the property but do not include payments
of interest on the loan or payments made for maintenance, insurance,
or taxation of the property.
(b) In the division of the community estate under this division,
unless a party has made a written waiver of the right to
reimbursement or has signed a writing that has the effect of a
waiver, the party shall be reimbursed for the party’s contributions
to the acquisition of property of the community property estate to
the extent the party traces the contributions to a separate property
source. The amount reimbursed shall be without interest or adjustment
for change in monetary values and may not exceed the net value of
the property at the time of the division.
(c) A party shall be reimbursed for the party’s separate property
contributions to the acquisition of property of the other spouse’s
separate property estate during the marriage, unless there has been a
transmutation in writing pursuant to Chapter 5 (commencing with
Section 850) of Part 2 of Division 4, or a written waiver of the
right to reimbursement. The amount reimbursed shall be without
interest or adjustment for change in monetary values and may not
exceed the net value of the property at the time of the division.

2641. (a) “Community contributions to education or training” as
used in this section means payments made with community or
quasi-community property for education or training or for the
repayment of a loan incurred for education or training, whether the
payments were made while the parties were resident in this state or
resident outside this state.
(b) Subject to the limitations provided in this section, upon
dissolution of marriage or legal separation of the parties:
(1) The community shall be reimbursed for community contributions
to education or training of a party that substantially enhances the
earning capacity of the party. The amount reimbursed shall be with
interest at the legal rate, accruing from the end of the calendar
year in which the contributions were made.
(2) A loan incurred during marriage for the education or training
of a party shall not be included among the liabilities of the
community for the purpose of division pursuant to this division but
shall be assigned for payment by the party.
(c) The reimbursement and assignment required by this section
shall be reduced or modified to the extent circumstances render such
a disposition unjust, including, but not limited to, any of the
following:
(1) The community has substantially benefited from the education,
training, or loan incurred for the education or training of the
party. There is a rebuttable presumption, affecting the burden of
proof, that the community has not substantially benefited from
community contributions to the education or training made less than
10 years before the commencement of the proceeding, and that the
community has substantially benefited from community contributions to
the education or training made more than 10 years before the
commencement of the proceeding.
(2) The education or training received by the party is offset by
the education or training received by the other party for which
community contributions have been made.
(3) The education or training enables the party receiving the
education or training to engage in gainful employment that
substantially reduces the need of the party for support that would
otherwise be required.
(d) Reimbursement for community contributions and assignment of
loans pursuant to this section is the exclusive remedy of the
community or a party for the education or training and any resulting
enhancement of the earning capacity of a party. However, nothing in
this subdivision limits consideration of the effect of the education,
training, or enhancement, or the amount reimbursed pursuant to this
section, on the circumstances of the parties for the purpose of an
order for support pursuant to Section 4320.
(e) This section is subject to an express written agreement of the
parties to the contrary.

2650. In a proceeding for division of the community estate, the
court has jurisdiction, at the request of either party, to divide the
separate property interests of the parties in real and personal
property, wherever situated and whenever acquired, held by the
parties as joint tenants or tenants in common. The property shall be
divided together with, and in accordance with the same procedure for
and limitations on, division of community estate.

3011. In making a determination of the best interest of the child
in a proceeding described in Section 3021, the court shall, among any
other factors it finds relevant, consider all of the following:
(a) The health, safety, and welfare of the child.
(b) Any history of abuse by one parent or any other person seeking
custody against any of the following:
(1) Any child to whom he or she is related by blood or affinity or
with whom he or she has had a caretaking relationship, no matter how
temporary.
(2) The other parent.
(3) A parent, current spouse, or cohabitant, of the parent or
person seeking custody, or a person with whom the parent or person
seeking custody has a dating or engagement relationship.
As a prerequisite to the consideration of allegations of abuse,
the court may require substantial independent corroboration,
including, but not limited to, written reports by law enforcement
agencies, child protective services or other social welfare agencies,
courts, medical facilities, or other public agencies or private
nonprofit organizations providing services to victims of sexual
assault or domestic violence. As used in this subdivision, “abuse
against a child” means “child abuse” as defined in Section 11165.6 of
the Penal Code and abuse against any of the other persons described
in paragraph (2) or (3) means “abuse” as defined in Section 6203 of
this code.
(c) The nature and amount of contact with both parents, except as
provided in Section 3046.
(d) The habitual or continual illegal use of controlled substances
or habitual or continual abuse of alcohol by either parent. Before
considering these allegations, the court may first require
independent corroboration, including, but not limited to, written
reports from law enforcement agencies, courts, probation departments,
social welfare agencies, medical facilities, rehabilitation
facilities, or other public agencies or nonprofit organizations
providing drug and alcohol abuse services. As used in this
subdivision, “controlled substances” has the same meaning as defined
in the California Uniform Controlled Substances Act, Division 10
(commencing with Section 11000) of the Health and Safety Code.
(e) (1) Where allegations about a parent pursuant to subdivision
(b) or (d) have been brought to the attention of the court in the
current proceeding, and the court makes an order for sole or joint
custody to that parent, the court shall state its reasons in writing
or on the record. In these circumstances, the court shall ensure that
any order regarding custody or visitation is specific as to time,
day, place, and manner of transfer of the child as set forth in
subdivision (b) of Section 6323.
(2) The provisions of this subdivision shall not apply if the
parties stipulate in writing or on the record regarding custody or
visitation.

3020. (a) The Legislature finds and declares that it is the public
policy of this state to assure that the health, safety, and welfare
of children shall be the court’s primary concern in determining the
best interest of children when making any orders regarding the
physical or legal custody or visitation of children. The Legislature
further finds and declares that the perpetration of child abuse or
domestic violence in a household where a child resides is detrimental
to the child.
(b) The Legislature finds and declares that it is the public
policy of this state to assure that children have frequent and
continuing contact with both parents after the parents have separated
or dissolved their marriage, or ended their relationship, and to
encourage parents to share the rights and responsibilities of child
rearing in order to effect this policy, except where the contact
would not be in the best interest of the child, as provided in
Section 3011.
(c) Where the policies set forth in subdivisions (a) and (b) of
this section are in conflict, any court’s order regarding physical or
legal custody or visitation shall be made in a manner that ensures
the health, safety, and welfare of the child and the safety of all
family members.

3027.1. (a) If a court determines, based on the investigation
described in Section 3027 or other evidence presented to it, that an
accusation of child abuse or neglect made during a child custody
proceeding is false and the person making the accusation knew it to
be false at the time the accusation was made, the court may impose
reasonable money sanctions, not to exceed all costs incurred by the
party accused as a direct result of defending the accusation, and
reasonable attorney’s fees incurred in recovering the sanctions,
against the person making the accusation. For the purposes of this
section, “person” includes a witness, a party, or a party’s attorney.
(b) On motion by any person requesting sanctions under this
section, the court shall issue its order to show cause why the
requested sanctions should not be imposed. The order to show cause
shall be served on the person against whom the sanctions are sought
and a hearing thereon shall be scheduled by the court to be conducted
at least 15 days after the order is served.
(c) The remedy provided by this section is in addition to any
other remedy provided by law.

3029. An order granting custody to a parent who is receiving, or in
the opinion of the court is likely to receive, assistance pursuant
to the Family Economic Security Act of 1982 (Chapter 2 (commencing
with Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code) for the maintenance of the child shall include an
order pursuant to Chapter 2 (commencing with Section 4000) of Part 2
of Division 9 of this code, directing the noncustodial parent to pay
any amount necessary for the support of the child, to the extent of
the noncustodial parent’s ability to pay.

3040. (a) Custody should be granted in the following order of
preference according to the best interest of the child as provided in
Sections 3011 and 3020:
(1) To both parents jointly pursuant to Chapter 4 (commencing with
Section 3080) or to either parent. In making an order granting
custody to either parent, the court shall consider, among other
factors, which parent is more likely to allow the child frequent and
continuing contact with the noncustodial parent, consistent with
Section 3011 and 3020, and shall not prefer a parent as custodian
because of that parent’s sex. The court, in its discretion, may
require the parents to submit to the court a plan for the
implementation of the custody order.
(2) If to neither parent, to the person or persons in whose home
the child has been living in a wholesome and stable environment.
(3) To any other person or persons deemed by the court to be
suitable and able to provide adequate and proper care and guidance
for the child.
(b) This section establishes neither a preference nor a
presumption for or against joint legal custody, joint physical
custody, or sole custody, but allows the court and the family the
widest discretion to choose a parenting plan that is in the best
interest of the child.

3041.5. (a) In any custody or visitation proceeding brought under
this part, as described in Section 3021, or any guardianship
proceeding brought under the Probate Code, the court may order any
person who is seeking custody of, or visitation with, a child who is
the subject of the proceeding to undergo testing for the illegal use
of controlled substances and the use of alcohol if there is a
judicial determination based upon a preponderance of evidence that
there is the habitual, frequent, or continual illegal use of
controlled substances or the habitual or continual abuse of alcohol
by the parent, legal custodian, person seeking guardianship, or
person seeking visitation in a guardianship. This evidence may
include, but may not be limited to, a conviction within the last five
years for the illegal use or possession of a controlled substance.
The court shall order the least intrusive method of testing for the
illegal use of controlled substances or the habitual or continual
abuse of alcohol by either or both parents, the legal custodian,
person seeking guardianship, or person seeking visitation in a
guardianship. If substance abuse testing is ordered by the court, the
testing shall be performed in conformance with procedures and
standards established by the United States Department of Health and
Human Services for drug testing of federal employees. The parent,
legal custodian, person seeking guardianship, or person seeking
visitation in a guardianship who has undergone drug testing shall
have the right to a hearing, if requested, to challenge a positive
test result. A positive test result, even if challenged and upheld,
shall not, by itself, constitute grounds for an adverse custody or
guardianship decision. Determining the best interests of the child
requires weighing all relevant factors. The court shall also consider
any reports provided to the court pursuant to the Probate Code. The
results of this testing shall be confidential, shall be maintained as
a sealed record in the court file, and may not be released to any
person except the court, the parties, their attorneys, the Judicial
Council, until completion of its authorized study of the testing
process, and any person to whom the court expressly grants access by
written order made with prior notice to all parties. Any person who
has access to the test results may not disseminate copies or disclose
information about the test results to any person other than a person
who is authorized to receive the test results pursuant to this
section. Any breach of the confidentiality of the test results shall
be punishable by civil sanctions not to exceed two thousand five
hundred dollars ($2,500). The results of the testing may not be used
for any purpose, including any criminal, civil, or administrative
proceeding, except to assist the court in determining, for purposes
of the proceeding, the best interest of the child pursuant to Section
3011 and the content of the order or judgment determining custody or
visitation. The court may order either party, or both parties, to
pay the costs of the drug or alcohol testing ordered pursuant to this
section. As used in this section, “controlled substances” has the
same meaning as defined in the California Uniform Controlled
Substances Act (Division 10 (commencing with Section 11000) of the
Health and Safety Code).
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

3042. (a) If a child is of sufficient age and capacity to reason so
as to form an intelligent preference as to custody or visitation,
the court shall consider, and give due weight to, the wishes of the
child in making an order granting or modifying custody or visitation.
(b) In addition to the requirements of subdivision (b) of Section
765 of the Evidence Code, the court shall control the examination of
a child witness so as to protect the best interests of the child.
(c) If the child is 14 years of age or older and wishes to address
the court regarding custody or visitation, the child shall be
permitted to do so, unless the court determines that doing so is not
in the child’s best interests. In that case, the court shall state
its reasons for that finding on the record.
(d) Nothing in this section shall be interpreted to prevent a
child who is less than 14 years of age from addressing the court
regarding custody or visitation, if the court determines that is
appropriate pursuant to the child’s best interests.
(e) If the court precludes the calling of any child as a witness,
the court shall provide alternative means of obtaining input from the
child and other information regarding the child’s preferences.
(f) To assist the court in determining whether the child wishes to
express his or her preference or to provide other input regarding
custody or visitation to the court, a minor’s counsel, an evaluator,
an investigator, or a mediator who provides recommendations to the
judge pursuant to Section 3183 shall indicate to the judge that the
child wishes to address the court, or the judge may make that inquiry
in the absence of that request. A party or a party’s attorney may
also indicate to the judge that the child wishes to address the court
or judge.
(g) Nothing in this section shall be construed to require the
child to express to the court his or her preference or to provide
other input regarding custody or visitation.
(h) The Judicial Council shall, no later than January 1, 2012,
promulgate a rule of court establishing procedures for the
examination of a child witness, and include guidelines on methods
other than direct testimony for obtaining information or other input
from the child regarding custody or visitation.
(i) The changes made to subdivisions (a) to (g), inclusive, by the
act adding this subdivision shall become operative on January 1,
2012.

3083. In making an order of joint legal custody, the court shall
specify the circumstances under which the consent of both parents is
required to be obtained in order to exercise legal control of the
child and the consequences of the failure to obtain mutual consent.
In all other circumstances, either parent acting alone may exercise
legal control of the child. An order of joint legal custody shall not
be construed to permit an action that is inconsistent with the
physical custody order unless the action is expressly authorized by
the court.

3103. (a) Notwithstanding any other provision of law, in a
proceeding described in Section 3021, the court may grant reasonable
visitation to a grandparent of a minor child of a party to the
proceeding if the court determines that visitation by the grandparent
is in the best interest of the child.
(b) If a protective order as defined in Section 6218 has been
directed to the grandparent during the pendency of the proceeding,
the court shall consider whether the best interest of the child
requires that visitation by the grandparent be denied.
(c) The petitioner shall give notice of the petition to each of
the parents of the child, any stepparent, and any person who has
physical custody of the child, by certified mail, return receipt
requested, postage prepaid, to the person’s last known address, or to
the attorneys of record of the parties to the proceeding.
(d) There is a rebuttable presumption affecting the burden of
proof that the visitation of a grandparent is not in the best
interest of a minor child if the child’s parents agree that the
grandparent should not be granted visitation rights.
(e) Visitation rights may not be ordered under this section if
that would conflict with a right of custody or visitation of a birth
parent who is not a party to the proceeding.
(f) Visitation ordered pursuant to this section shall not create a
basis for or against a change of residence of the child, but shall
be one of the factors for the court to consider in ordering a change
of residence.
(g) When a court orders grandparental visitation pursuant to this
section, the court in its discretion may, based upon the relevant
circumstances of the case:
(1) Allocate the percentage of grandparental visitation between
the parents for purposes of the calculation of child support pursuant
to the statewide uniform guideline (Article 2 (commencing with
Section 4050) of Chapter 2 of Part 2 of Division 9).
(2) Notwithstanding Sections 3930 and 3951, order a parent or
grandparent to pay to the other, an amount for the support of the
child or grandchild. For purposes of this paragraph, “support” means
costs related to visitation such as any of the following:
(A) Transportation.
(B) Provision of basic expenses for the child or grandchild, such
as medical expenses, day care costs, and other necessities.
(h) As used in this section, “birth parent” means “birth parent”
as defined in Section 8512.

3104. (a) On petition to the court by a grandparent of a minor
child, the court may grant reasonable visitation rights to the
grandparent if the court does both of the following:
(1) Finds that there is a preexisting relationship between the
grandparent and the grandchild that has engendered a bond such that
visitation is in the best interest of the child.
(2) Balances the interest of the child in having visitation with
the grandparent against the right of the parents to exercise their
parental authority.
(b) A petition for visitation under this section may not be filed
while the natural or adoptive parents are married, unless one or more
of the following circumstances exist:
(1) The parents are currently living separately and apart on a
permanent or indefinite basis.
(2) One of the parents has been absent for more than one month
without the other spouse knowing the whereabouts of the absent
spouse.
(3) One of the parents joins in the petition with the
grandparents.
(4) The child is not residing with either parent.
(5) The child has been adopted by a stepparent.
At any time that a change of circumstances occurs such that none
of these circumstances exist, the parent or parents may move the
court to terminate grandparental visitation and the court shall grant
the termination.
(c) The petitioner shall give notice of the petition to each of
the parents of the child, any stepparent, and any person who has
physical custody of the child, by personal service pursuant to
Section 415.10 of the Code of Civil Procedure.
(d) If a protective order as defined in Section 6218 has been
directed to the grandparent during the pendency of the proceeding,
the court shall consider whether the best interest of the child
requires that any visitation by that grandparent should be denied.
(e) There is a rebuttable presumption that the visitation of a
grandparent is not in the best interest of a minor child if the
natural or adoptive parents agree that the grandparent should not be
granted visitation rights.
(f) There is a rebuttable presumption affecting the burden of
proof that the visitation of a grandparent is not in the best
interest of a minor child if the parent who has been awarded sole
legal and physical custody of the child in another proceeding, or the
parent with whom the child resides if there is currently no
operative custody order objects to visitation by the grandparent.
(g) Visitation rights may not be ordered under this section if
that would conflict with a right of custody or visitation of a birth
parent who is not a party to the proceeding.
(h) Visitation ordered pursuant to this section shall not create a
basis for or against a change of residence of the child, but shall
be one of the factors for the court to consider in ordering a change
of residence.
(i) When a court orders grandparental visitation pursuant to this
section, the court in its discretion may, based upon the relevant
circumstances of the case:
(1) Allocate the percentage of grandparental visitation between
the parents for purposes of the calculation of child support pursuant
to the statewide uniform guideline (Article 2 (commencing with
Section 4050) of Chapter 2 of Part 2 of Division 9).
(2) Notwithstanding Sections 3930 and 3951, order a parent or
grandparent to pay to the other, an amount for the support of the
child or grandchild. For purposes of this paragraph, “support” means
costs related to visitation such as any of the following:
(A) Transportation.
(B) Provision of basic expenses for the child or grandchild, such
as medical expenses, day care costs, and other necessities.
(j) As used in this section, “birth parent” means “birth parent”
as defined in Section 8512.

3150. (a) If the court determines that it would be in the best
interest of the minor child, the court may appoint private counsel to
represent the interests of the child in a custody or visitation
proceeding, provided that the court and counsel comply with the
requirements set forth in Rules 5.240, 5.241, and 5.242 of the
California Rules of Court.
(b) Upon entering an appearance on behalf of a child pursuant to
this chapter, counsel shall continue to represent that child unless
relieved by the court upon the substitution of other counsel by the
court or for cause.

3170. (a) If it appears on the face of a petition, application, or
other pleading to obtain or modify a temporary or permanent custody
or visitation order that custody, visitation, or both are contested,
the court shall set the contested issues for mediation.
(b) Domestic violence cases shall be handled by Family Court
Services in accordance with a separate written protocol approved by
the Judicial Council. The Judicial Council shall adopt guidelines for
services, other than services provided under this chapter, that
counties may offer to parents who have been unable to resolve their
disputes. These services may include, but are not limited to, parent
education programs, booklets, video recordings, or referrals to
additional community resources.

3177. Mediation proceedings pursuant to this chapter shall be held
in private and shall be confidential. All communications, verbal or
written, from the parties to the mediator made in the proceeding are
official information within the meaning of Section 1040 of the
Evidence Code.

3181. (a) In a proceeding in which mediation is required pursuant
to this chapter, where there has been a history of domestic violence
between the parties or where a protective order as defined in Section
6218 is in effect, at the request of the party alleging domestic
violence in a written declaration under penalty of perjury or
protected by the order, the mediator appointed pursuant to this
chapter shall meet with the parties separately and at separate times.
(b) Any intake form that an agency charged with providing family
court services requires the parties to complete before the
commencement of mediation shall state that, if a party alleging
domestic violence in a written declaration under penalty of perjury
or a party protected by a protective order so requests, the mediator
will meet with the parties separately and at separate times.

3190. (a) The court may require parents or any other party involved
in a custody or visitation dispute, and the minor child, to
participate in outpatient counseling with a licensed mental health
professional, or through other community programs and services that
provide appropriate counseling, including, but not limited to, mental
health or substance abuse services, for not more than one year,
provided that the program selected has counseling available for the
designated period of time, if the court finds both of the following:
(1) The dispute between the parents, between the parent or parents
and the child, between the parent or parents and another party
seeking custody or visitation rights with the child, or between a
party seeking custody or visitation rights and the child, poses a
substantial danger to the best interest of the child.
(2) The counseling is in the best interest of the child.
(b) In determining whether a dispute, as described in paragraph
(1) of subdivision (a), poses a substantial danger to the best
interest of the child, the court shall consider, in addition to any
other factors the court determines relevant, any history of domestic
violence, as defined in Section 6211, within the past five years
between the parents, between the parent or parents and the child,
between the parent or parents and another party seeking custody or
visitation rights with the child, or between a party seeking custody
or visitation rights and the child.
(c) Subject to Section 3192, if the court finds that the financial
burden created by the order for counseling does not otherwise
jeopardize a party’s other financial obligations, the court shall fix
the cost and shall order the entire cost of the services to be borne
by the parties in the proportions the court deems reasonable.
(d) The court, in its finding, shall set forth reasons why it has
found both of the following:
(1) The dispute poses a substantial danger to the best interest of
the child and the counseling is in the best interest of the child.
(2) The financial burden created by the court order for counseling
does not otherwise jeopardize a party’s other financial obligations.
(e) The court shall not order the parties to return to court upon
the completion of counseling. Any party may file a new order to show
cause or motion after counseling has been completed, and the court
may again order counseling consistent with this chapter.

3421. (a) Except as otherwise provided in Section 3424, a court of
this state has jurisdiction to make an initial child custody
determination only if any of the following are true:
(1) This state is the home state of the child on the date of the
commencement of the proceeding, or was the home state of the child
within six months before the commencement of the proceeding and the
child is absent from this state but a parent or person acting as a
parent continues to live in this state.
(2) A court of another state does not have jurisdiction under
paragraph (1), or a court of the home state of the child has declined
to exercise jurisdiction on the grounds that this state is the more
appropriate forum under Section 3427 or 3428, and both of the
following are true:
(A) The child and the child’s parents, or the child and at least
one parent or a person acting as a parent, have a significant
connection with this state other than mere physical presence.
(B) Substantial evidence is available in this state concerning the
child’s care, protection, training, and personal relationships.
(3) All courts having jurisdiction under paragraph (1) or (2) have
declined to exercise jurisdiction on the ground that a court of this
state is the more appropriate forum to determine the custody of the
child under Section 3427 or 3428.
(4) No court of any other state would have jurisdiction under the
criteria specified in paragraph (1), (2), or (3).
(b) Subdivision (a) is the exclusive jurisdictional basis for
making a child custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party
or a child is not necessary or sufficient to make a child custody
determination.

3423. Except as otherwise provided in Section 3424, a court of this
state may not modify a child custody determination made by a court
of another state unless a court of this state has jurisdiction to
make an initial determination under paragraph (1) or (2) of
subdivision (a) of Section 3421 and either of the following
determinations is made:
(a) The court of the other state determines it no longer has
exclusive, continuing jurisdiction under Section 3422 or that a court
of this state would be a more convenient forum under Section 3427.
(b) A court of this state or a court of the other state determines
that the child, the child’s parents, and any person acting as a
parent do not presently reside in the other state.

3424. (a) A court of this state has temporary emergency
jurisdiction if the child is present in this state and the child has
been abandoned or it is necessary in an emergency to protect the
child because the child, or a sibling or parent of the child, is
subjected to, or threatened with, mistreatment or abuse.
(b) If there is no previous child custody determination that is
entitled to be enforced under this part and a child custody
proceeding has not been commenced in a court of a state having
jurisdiction under Sections 3421 to 3423, inclusive, a child custody
determination made under this section remains in effect until an
order is obtained from a court of a state having jurisdiction under
Sections 3421 to 3423, inclusive. If a child custody proceeding has
not been or is not commenced in a court of a state having
jurisdiction under Sections 3421 to 3423, inclusive, a child custody
determination made under this section becomes a final determination,
if it so provides and this state becomes the home state of the child.
(c) If there is a previous child custody determination that is
entitled to be enforced under this part, or a child custody
proceeding has been commenced in a court of a state having
jurisdiction under Sections 3421 to 3423, inclusive, any order issued
by a court of this state under this section must specify in the
order a period that the court considers adequate to allow the person
seeking an order to obtain an order from the state having
jurisdiction under Sections 3421 to 3423, inclusive. The order issued
in this state remains in effect until an order is obtained from the
other state within the period specified or the period expires.
(d) A court of this state that has been asked to make a child
custody determination under this section, upon being informed that a
child custody proceeding has been commenced in, or a child custody
determination has been made by, a court of a state having
jurisdiction under Sections 3421 to 3423, inclusive, shall
immediately communicate with the other court. A court of this state
which is exercising jurisdiction pursuant to Sections 3421 to 3423,
inclusive, upon being informed that a child custody proceeding has
been commenced in, or a child custody determination has been made by,
a court of another state under a statute similar to this section
shall immediately communicate with the court of that state to resolve
the emergency, protect the safety of the parties and the child, and
determine a period for the duration of the temporary order.
(e) It is the intent of the Legislature in enacting subdivision
(a) that the grounds on which a court may exercise temporary
emergency jurisdiction be expanded. It is further the intent of the
Legislature that these grounds include those that existed under
Section 3403 of the Family Code as that section read on December 31,
1999, particularly including cases involving domestic violence.

3443. (a) A court of this state shall recognize and enforce a child
custody determination of a court of another state if the latter
court exercised jurisdiction in substantial conformity with this part
or the determination was made under factual circumstances meeting
the jurisdictional standards of this part and the determination has
not been modified in accordance with this part.
(b) A court of this state may utilize any remedy available under
other laws of this state to enforce a child custody determination
made by a court of another state. The remedies provided in this
chapter are cumulative and do not affect the availability of other
remedies to enforce a child custody determination.

3552. (a) In a proceeding involving child, family, or spousal
support, no party to the proceeding may refuse to submit copies of
the party’s state and federal income tax returns to the court,
whether individual or joint.
(b) The tax returns may be examined by the other party and are
discoverable by the other party. A party also may be examined by the
other party as to the contents of a tax return submitted pursuant to
this section.
(c) If the court finds that it is relevant to the case to retain
the tax return, the tax return shall be sealed and maintained as a
confidential record of the court. If the court finds that the tax
return is not relevant to disposition of the case, all copies of the
tax return shall be returned to the party who submitted it.

3556. The existence or enforcement of a duty of support owed by a
noncustodial parent for the support of a minor child is not affected
by a failure or refusal by the custodial parent to implement any
rights as to custody or visitation granted by a court to the
noncustodial parent.

3600. During the pendency of any proceeding for dissolution of
marriage or for legal separation of the parties or under Division 8
(commencing with Section 3000) (custody of children) or in any
proceeding where there is at issue the support of a minor child or a
child for whom support is authorized under Section 3901 or 3910, the
court may order (a) the husband or wife to pay any amount that is
necessary for the support of the wife or husband, consistent with the
requirements of subdivisions (i) and (m) of Section 4320 and Section
4325, or (b) either or both parents to pay any amount necessary for
the support of the child, as the case may be.

3653. (a) An order modifying or terminating a support order may be
made retroactive to the date of the filing of the notice of motion or
order to show cause to modify or terminate, or to any subsequent
date, except as provided in subdivision (b) or by federal law (42
U.S.C. Sec. 666(a)(9)).
(b) If an order modifying or terminating a support order is
entered due to the unemployment of either the support obligor or the
support obligee, the order shall be made retroactive to the later of
the date of the service on the opposing party of the notice of motion
or order to show cause to modify or terminate or the date of
unemployment, subject to the notice requirements of federal law (42
U.S.C. Sec. 666(a)(9)), unless the court finds good cause not to make
the order retroactive and states its reasons on the record.
(c) If an order modifying or terminating a support order is
entered due to a change in income resulting from the activation to
United States military service or National Guard duty and deployment
out of state for either the support obligor or the support obligee,
the order shall be made retroactive to the later of the date of the
service on the opposing party of the notice of activation, notice of
motion, order to show cause to modify or terminate, or the date of
activation, subject to the notice requirements of federal law (42
U.S.C. Sec. 666(a)(9)), unless the court finds good cause not to make
the order retroactive and states its reasons on the record. Good
cause shall include, but not be limited to, a finding by the court
that the delay in seeking the modification was not reasonable under
the circumstances faced by the service member.
(d) If an order decreasing or terminating a support order is
entered retroactively pursuant to this section, the support obligor
may be entitled to, and the support obligee may be ordered to repay,
according to the terms specified in the order, any amounts previously
paid by the support obligor pursuant to the prior order that are in
excess of the amounts due pursuant to the retroactive order. The
court may order that the repayment by the support obligee shall be
made over any period of time and in any manner, including, but not
limited to, by an offset against future support payments or wage
assignment, as the court deems just and reasonable. In determining
whether to order a repayment, and in establishing the terms of
repayment, the court shall consider all of the following factors:
(1) The amount to be repaid.
(2) The duration of the support order prior to modification or
termination.
(3) The financial impact on the support obligee of any particular
method of repayment such as an offset against future support payments
or wage assignment.
(4) Any other facts or circumstances that the court deems
relevant.

3761. (a) Upon application by a party or local child support agency
in any proceeding where the court has ordered either or both parents
to maintain health insurance coverage under Article 1 (commencing
with Section 3750), the court shall order the employer of the obligor
parent or other person providing health insurance to the obligor to
enroll the supported child in the health insurance plan available to
the obligor through the employer or other person and to deduct the
appropriate premium or costs, if any, from the earnings of the
obligor unless the court makes a finding of good cause for not making
the order.
(b) (1) The application shall state that the party or local child
support agency seeking the assignment order has given the obligor a
written notice of the intent to seek a health insurance coverage
assignment order in the event of a default in instituting coverage
required by court order on behalf of the parties’ child and that the
notice was transmitted by first-class mail, postage prepaid, or
personally served at least 15 days before the date of the filing of
the application for the order. The written notice of the intent to
seek an assignment order required by this subdivision may be given at
the time of filing a petition or complaint for support or at any
later time, but shall be given at least 15 days before the date of
filing the application under this section. The obligor may at any
time waive the written notice required by this subdivision.
(2) The party or local child support agency seeking the assignment
order shall file a certificate of service showing the method and
date of service of the order and the statements required under
Section 3772 upon the employer or provider of health insurance.
(c) The total amount that may be withheld from earnings for all
obligations, including health insurance assignments, is limited by
subdivision (a) of Section 706.052 of the Code of Civil Procedure or
Section 1673 of Title 15 of the United States Code, whichever is
less.

3800. As used in this chapter:
(a) “Custodial parent” means a party awarded physical custody of a
child.
(b) “Deferred sale of home order” means an order that temporarily
delays the sale and awards the temporary exclusive use and possession
of the family home to a custodial parent of a minor child or child
for whom support is authorized under Sections 3900 and 3901 or under
Section 3910, whether or not the custodial parent has sole or joint
custody, in order to minimize the adverse impact of dissolution of
marriage or legal separation of the parties on the welfare of the
child.
(c) “Resident parent” means a party who has requested or who has
already been awarded a deferred sale of home order.

3802. (a) If the court determines pursuant to Section 3801 that it
is economically feasible to consider ordering a deferred sale of the
family home, the court may grant a deferred sale of home order to a
custodial parent if the court determines that the order is necessary
in order to minimize the adverse impact of dissolution of marriage or
legal separation of the parties on the child.
(b) In exercising its discretion to grant or deny a deferred sale
of home order, the court shall consider all of the following:
(1) The length of time the child has resided in the home.
(2) The child’s placement or grade in school.
(3) The accessibility and convenience of the home to the child’s
school and other services or facilities used by and available to the
child, including child care.
(4) Whether the home has been adapted or modified to accommodate
any physical disabilities of a child or a resident parent in a manner
that a change in residence may adversely affect the ability of the
resident parent to meet the needs of the child.
(5) The emotional detriment to the child associated with a change
in residence.
(6) The extent to which the location of the home permits the
resident parent to continue employment.
(7) The financial ability of each parent to obtain suitable
housing.
(8) The tax consequences to the parents.
(9) The economic detriment to the nonresident parent in the event
of a deferred sale of home order.
(10) Any other factors the court deems just and equitable.

3901. (a) The duty of support imposed by Section 3900 continues as
to an unmarried child who has attained the age of 18 years, is a
full-time high school student, and who is not self-supporting, until
the time the child completes the 12th grade or attains the age of 19
years, whichever occurs first.
(b) Nothing in this section limits a parent’s ability to agree to
provide additional support or the court’s power to inquire whether an
agreement to provide additional support has been made.

4001. In any proceeding where there is at issue the support of a
minor child or a child for whom support is authorized under Section
3901 or 3910, the court may order either or both parents to pay an
amount necessary for the support of the child.

4007.5. (a) Every money judgment or order for support of a child
that is being enforced by a local child support agency under Title
IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.) shall
provide the following:
(1) The obligation of the person ordered to pay support shall be
suspended for any period exceeding 90 consecutive days in which the
person ordered to pay support is incarcerated or involuntarily
institutionalized, unless the obligor has the means to pay support
while incarcerated or involuntarily institutionalized.
(2) The suspension of the support obligation shall only apply for
the period of time during which the obligor is incarcerated or
involuntarily institutionalized, after which the obligation shall
immediately resume in the amount otherwise specified in the child
support order.
(b) The court shall provide notice to the parties of the support
obligation suspension provided in subdivision (a) at the time the
order is issued or modified.
(c) Upon release from incarceration or involuntary
institutionalization, an obligor may petition the court for an
adjustment of the arrears pursuant to the suspension of the support
obligation authorized in subdivision (b). The obligor must show proof
of the dates of incarceration or involuntary institutionalization,
as well as proof that during that time, the obligor did not have the
means to pay the support. The obligor shall serve copies of the
petition to the support obligee and the local child support agency,
who may file an objection to the obligor’s petition with the court.
An obligor’s arrears shall not be adjusted until the court has
approved the petition.
(d) Notwithstanding subdivision (a), the court may deny the
obligor’s petition if it finds that the obligor was incarcerated or
involuntarily institutionalized for any offense constituting domestic
violence, as defined in Section 6211, against the support obligee or
supported child, or for any offense that could be enjoined by a
protective order pursuant to Section 6320, or as a result of his or
her failure to comply with a court order to pay child support.
(e) For purposes of this section, “incarcerated or involuntarily
institutionalized” includes, but is not limited to, involuntary
confinement to a state prison, county jail, juvenile facility
operated by the Division of Juvenile Facilities in the Department of
Corrections and Rehabilitation, or a mental health facility.
(f) For purposes of this section, “suspend” means that the child
support order is modified and set to zero dollars ($0) for the period
in which the obligor is incarcerated or involuntarily
institutionalized.
(g) This section applies to all child support orders and
modifications issued on or after July 1, 2011.
(h) The Judicial Council shall, on or before July 1, 2011, develop
forms necessary for the implementation of this section, including
forms for a petition to adjust arrears.
(i) This section shall remain in effect only until July 1, 2015,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2015, deletes or extends that date.

4009. An original order for child support may be made retroactive
to the date of filing the petition, complaint, or other initial
pleading. If the parent ordered to pay support was not served with
the petition, complaint, or other initial pleading within 90 days
after filing and the court finds that the parent was not
intentionally evading service, the child support order shall be
effective no earlier than the date of service.

4053. In implementing the statewide uniform guideline, the courts
shall adhere to the following principles:
(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 state’s
high standard of living and high costs of raising children compared
to other states.

4055. (a) The statewide uniform guideline for determining child
support orders is as follows: CS = K ÝHN — (H%)(TN)].
(b) (1) The components of the formula are as follows:
(A) CS = child support amount.
(B) K = amount of both parents’ income to be allocated for child
support as set forth in paragraph (3).
(C) HN = high earner’s net monthly disposable income.
(D) H% = approximate percentage of time that the high earner has
or will have primary physical responsibility for the children
compared to the other parent. In cases in which parents have
different time-sharing arrangements for different children, H% equals
the average of the approximate percentages of time the high earner
parent spends with each child.
(E) TN = total net monthly disposable income of both parties.
(2) To compute net disposable income, see Section 4059.
(3) K (amount of both parents’ income allocated for child support)
equals one plus H% (if H% is less than or equal to 50 percent) or
two minus H% (if H% is greater than 50 percent) times the following
fraction:

Total Net
Disposable
Income Per Month K
$0-800 0.20 + TN/16,000
$801-6,666 0.25
$6,667-10,000 0.10 + 1,000/TN
Over $10,000 0.12 + 800/TN

For example, if H% equals 20 percent and the total monthly net
disposable income of the parents is $1,000, K = (1 + 0.20) × 0.25, or
0.30. If H% equals 80 percent and the total monthly net disposable
income of the parents is $1,000, K = (2 — 0.80) × 0.25, or 0.30.
(4) For more than one child, multiply CS by:

2 children 1.6
3 children 2
4 children 2.3
5 children 2.5
6 children 2.625
7 children 2.75
8 children 2.813
9 children 2.844
10 children 2.86

(5) If the amount calculated under the formula results in a
positive number, the higher earner shall pay that amount to the lower
earner. If the amount calculated under the formula results in a
negative number, the lower earner shall pay the absolute value of
that amount to the higher earner.
(6) In any default proceeding where proof is by affidavit pursuant
to Section 2336, or in any proceeding for child support in which a
party fails to appear after being duly noticed, H% shall be set at
zero in the formula if the noncustodial parent is the higher earner
or at 100 if the custodial parent is the higher earner, where there
is no evidence presented demonstrating the percentage of time that
the noncustodial parent has primary physical responsibility for the
children. H% shall not be set as described above if the moving party
in a default proceeding is the noncustodial parent or if the party
who fails to appear after being duly noticed is the custodial parent.
A statement by the party who is not in default as to the percentage
of time that the noncustodial parent has primary physical
responsibility for the children shall be deemed sufficient evidence.
(7) In all cases in which the net disposable income per month of
the obligor is less than one thousand dollars ($1,000), there shall
be a rebuttable presumption that the obligor is entitled to a
low-income adjustment. The presumption may be rebutted by evidence
showing that the application of the low-income adjustment would be
unjust and inappropriate in the particular case. In determining
whether the presumption is rebutted, the court shall consider the
principles provided in Section 4053, and the impact of the
contemplated adjustment on the respective net incomes of the obligor
and the obligee. The low-income adjustment shall reduce the child
support amount otherwise determined under this section by an amount
that is no greater than the amount calculated by multiplying the
child support amount otherwise determined under this section by a
fraction, the numerator of which is 1,000 minus the obligor’s net
disposable income per month, and the denominator of which is 1,000.
(8) Unless the court orders otherwise, the order for child support
shall allocate the support amount so that the amount of support for
the youngest child is the amount of support for one child, and the
amount for the next youngest child is the difference between that
amount and the amount for two children, with similar allocations for
additional children. However, this paragraph does not apply to cases
in which there are different time-sharing arrangements for different
children or where the court determines that the allocation would be
inappropriate in the particular case.
(c) If a court uses a computer to calculate the child support
order, the computer program shall not automatically default
affirmatively or negatively on whether a low-income adjustment is to
be applied. If the low-income adjustment is applied, the computer
program shall not provide the amount of the low-income adjustment.
Instead, the computer program shall ask the user whether or not to
apply the low-income adjustment, and if answered affirmatively, the
computer program shall provide the range of the adjustment permitted
by paragraph (7) of subdivision (b).

4056. (a) To comply with federal law, the court shall state, in
writing or on the record, the following information whenever the
court is ordering an amount for support that differs from the
statewide uniform guideline formula amount under this article:
(1) The amount of support that would have been ordered under the
guideline formula.
(2) The reasons the amount of support ordered differs from the
guideline formula amount.
(3) The reasons the amount of support ordered is consistent with
the best interests of the children.
(b) At the request of any party, the court shall state in writing
or on the record the following information used in determining the
guideline amount under this article:
(1) The net monthly disposable income of each parent.
(2) The actual federal income tax filing status of each parent
(for example, single, married, married filing separately, or head of
household and number of exemptions).
(3) Deductions from gross income for each parent.
(4) The approximate percentage of time pursuant to paragraph (1)
of subdivision (b) of Section 4055 that each parent has primary
physical responsibility for the children compared to the other
parent.

4057. (a) The amount of child support established by the formula
provided in subdivision (a) of Section 4055 is presumed to be the
correct amount of child support to be ordered.
(b) The presumption of subdivision (a) is a rebuttable presumption
affecting the burden of proof and may be rebutted by admissible
evidence showing that application of the formula would be unjust or
inappropriate in the particular case, consistent with the principles
set forth in Section 4053, because one or more of the following
factors is found to be applicable by a preponderance of the evidence,
and the court states in writing or on the record the information
required in subdivision (a) of Section 4056:
(1) The parties have stipulated to a different amount of child
support under subdivision (a) of Section 4065.
(2) The sale of the family residence is deferred pursuant to
Chapter 8 (commencing with Section 3800) of Part 1 and the rental
value of the family residence in which the children reside exceeds
the mortgage payments, homeowner’s insurance, and property taxes. The
amount of any adjustment pursuant to this paragraph shall not be
greater than the excess amount.
(3) The parent being ordered to pay child support has an
extraordinarily high income and the amount determined under the
formula would exceed the needs of the children.
(4) A party is not contributing to the needs of the children at a
level commensurate with that party’s custodial time.
(5) Application of the formula would be unjust or inappropriate
due to special circumstances in the particular case. These special
circumstances include, but are not limited to, the following:
(A) Cases in which the parents have different time-sharing
arrangements for different children.
(B) Cases in which both parents have substantially equal
time-sharing of the children and one parent has a much lower or
higher percentage of income used for housing than the other parent.
(C) Cases in which the children have special medical or other
needs that could require child support that would be greater than the
formula amount.

4057.5. (a) (1) The income of the obligor parent’s subsequent
spouse or nonmarital partner shall not be considered when determining
or modifying child support, except in an extraordinary case where
excluding that income would lead to extreme and severe hardship to
any child subject to the child support award, in which case the court
shall also consider whether including that income would lead to
extreme and severe hardship to any child supported by the obligor or
by the obligor’s subsequent spouse or nonmarital partner.
(2) The income of the obligee parent’s subsequent spouse or
nonmarital partner shall not be considered when determining or
modifying child support, except in an extraordinary case where
excluding that income would lead to extreme and severe hardship to
any child subject to the child support award, in which case the court
shall also consider whether including that income would lead to
extreme and severe hardship to any child supported by the obligee or
by the obligee’s subsequent spouse or nonmarital partner.
(b) For purposes of this section, an extraordinary case may
include a parent who voluntarily or intentionally quits work or
reduces income, or who intentionally remains unemployed or
underemployed and relies on a subsequent spouse’s income.
(c) If any portion of the income of either parent’s subsequent
spouse or nonmarital partner is allowed to be considered pursuant to
this section, discovery for the purposes of determining income shall
be based on W2 and 1099 income tax forms, except where the court
determines that application would be unjust or inappropriate.
(d) If any portion of the income of either parent’s subsequent
spouse or nonmarital partner is allowed to be considered pursuant to
this section, the court shall allow a hardship deduction based on the
minimum living expenses for one or more stepchildren of the party
subject to the order.
(e) The enactment of this section constitutes cause to bring an
action for modification of a child support order entered prior to the
operative date of this section.

4058. (a) The annual gross income of each parent means income from
whatever source derived, except as specified in subdivision (c) and
includes, but is not limited to, the following:
(1) Income such as commissions, salaries, royalties, wages,
bonuses, rents, dividends, pensions, interest, trust income,
annuities, workers’ compensation benefits, unemployment insurance
benefits, disability insurance benefits, social security benefits,
and spousal support actually received from a person not a party to
the proceeding to establish a child support order under this article.
(2) Income from the proprietorship of a business, such as gross
receipts from the business reduced by expenditures required for the
operation of the business.
(3) In the discretion of the court, employee benefits or
self-employment benefits, taking into consideration the benefit to
the employee, any corresponding reduction in living expenses, and
other relevant facts.
(b) The court may, in its discretion, consider the earning
capacity of a parent in lieu of the parent’s income, consistent with
the best interests of the children.
(c) Annual gross income does not include any income derived from
child support payments actually received, and income derived from any
public assistance program, eligibility for which is based on a
determination of need. Child support received by a party for children
from another relationship shall not be included as part of that
party’s gross or net income.

4059. The annual net disposable income of each parent shall be
computed by deducting from his or her annual gross income the actual
amounts attributable to the following items or other items permitted
under this article:
(a) The state and federal income tax liability resulting from the
parties’ taxable income. Federal and state income tax deductions
shall bear an accurate relationship to the tax status of the parties
(that is, single, married, married filing separately, or head of
household) and number of dependents. State and federal income taxes
shall be those actually payable (not necessarily current withholding)
after considering appropriate filing status, all available
exclusions, deductions, and credits. Unless the parties stipulate
otherwise, the tax effects of spousal support shall not be considered
in determining the net disposable income of the parties for
determining child support, but shall be considered in determining
spousal support consistent with Chapter 3 (commencing with Section
4330) of Part 3.
(b) Deductions attributed to the employee’s contribution or the
self-employed worker’s contribution pursuant to the Federal Insurance
Contributions Act (FICA), or an amount not to exceed that allowed
under FICA for persons not subject to FICA, provided that the
deducted amount is used to secure retirement or disability benefits
for the parent.
(c) Deductions for mandatory union dues and retirement benefits,
provided that they are required as a condition of employment.
(d) Deductions for health insurance or health plan premiums for
the parent and for any children the parent has an obligation to
support and deductions for state disability insurance premiums.
(e) Any child or spousal support actually being paid by the parent
pursuant to a court order, to or for the benefit of any person who
is not a subject of the order to be established by the court. In the
absence of a court order, any child support actually being paid, not
to exceed the amount established by the guideline, for natural or
adopted children of the parent not residing in that parent’s home,
who are not the subject of the order to be established by the court,
and of whom the parent has a duty of support. Unless the parent
proves payment of the support, no deduction shall be allowed under
this subdivision.
(f) Job-related expenses, if allowed by the court after
consideration of whether the expenses are necessary, the benefit to
the employee, and any other relevant facts.
(g) A deduction for hardship, as defined by Sections 4070 to 4073,
inclusive, and applicable published appellate court decisions. The
amount of the hardship shall not be deducted from the amount of child
support, but shall be deducted from the income of the party to whom
it applies. In applying any hardship under paragraph (2) of
subdivision (a) of Section 4071, the court shall seek to provide
equity between competing child support orders. The Judicial Council
shall develop a formula for calculating the maximum hardship
deduction and shall submit it to the Legislature for its
consideration on or before July 1, 1995.

4065. (a) Unless prohibited by applicable federal law, the parties
may stipulate to a child support amount subject to approval of the
court. However, the court shall not approve a stipulated agreement
for child support below the guideline formula amount unless the
parties declare all of the following:
(1) They are fully informed of their rights concerning child
support.
(2) The order is being agreed to without coercion or duress.
(3) The agreement is in the best interests of the children
involved.
(4) The needs of the children will be adequately met by the
stipulated amount.
(5) The right to support has not been assigned to the county
pursuant to Section 11477 of the Welfare and Institutions Code and no
public assistance application is pending.
(b) The parties may, by stipulation, require the child support
obligor to designate an account for the purpose of paying the child
support obligation by electronic funds transfer pursuant to Section
4508.
(c) A stipulated agreement of child support is not valid unless
the local child support agency has joined in the stipulation by
signing it in any case in which the local child support agency is
providing services pursuant to Section 17400. The local child support
agency shall not stipulate to a child support order below the
guideline amount if the children are receiving assistance under the
CalWORKs program, if an application for public assistance is pending,
or if the parent receiving support has not consented to the order.
(d) If the parties to a stipulated agreement stipulate to a child
support order below the amount established by the statewide uniform
guideline, no change of circumstances need be demonstrated to obtain
a modification of the child support order to the applicable guideline
level or above.

4066. Orders and stipulations otherwise in compliance with the
statewide uniform guideline may designate as “family support” an
unallocated total sum for support of the spouse and any children
without specifically labeling all or any portion as “child support”
as long as the amount is adjusted to reflect the effect of additional
deductibility. The amount of the order shall be adjusted to maximize
the tax benefits for both parents.

4071. (a) Circumstances evidencing hardship include the following:
(1) Extraordinary health expenses for which the parent is
financially responsible, and uninsured catastrophic losses.
(2) The minimum basic living expenses of either parent’s natural
or adopted children for whom the parent has the obligation to support
from other marriages or relationships who reside with the parent.
The court, on its own motion or on the request of a party, may allow
these income deductions as necessary to accommodate these expenses
after making the deductions allowable under paragraph (1).
(b) The maximum hardship deduction under paragraph (2) of
subdivision (a) for each child who resides with the parent may be
equal to, but shall not exceed, the support allocated each child
subject to the order. For purposes of calculating this deduction, the
amount of support per child established by the statewide uniform
guideline shall be the total amount ordered divided by the number of
children and not the amount established under paragraph (8) of
subdivision (b) of Section 4055.
(c) The Judicial Council may develop tables in accordance with
this section to reflect the maximum hardship deduction, taking into
consideration the parent’s net disposable income before the hardship
deduction, the number of children for whom the deduction is being
given, and the number of children for whom the support award is being
made.

4320. In ordering spousal support under this part, the court shall
consider all of the following circumstances:
(a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:
(1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.
(2) The extent to which the supported party’s present or future
earning capacity is impaired by periods of unemployment that were
incurred during the marriage to permit the supported party to devote
time to domestic duties.
(b) The extent to which the supported party contributed to the
attainment of an education, training, a career position, or a license
by the supporting party.
(c) The ability of the supporting party to pay spousal support,
taking into account the supporting party’s earning capacity, earned
and unearned income, assets, and standard of living.
(d) The needs of each party based on the standard of living
established during the marriage.
(e) The obligations and assets, including the separate property,
of each party.
(f) The duration of the marriage.
(g) The ability of the supported party to engage in gainful
employment without unduly interfering with the interests of dependent
children in the custody of the party.
(h) The age and health of the parties.
(i) Documented evidence of any history of domestic violence, as
defined in Section 6211, between the parties, including, but not
limited to, consideration of emotional distress resulting from
domestic violence perpetrated against the supported party by the
supporting party, and consideration of any history of violence
against the supporting party by the supported party.
(j) The immediate and specific tax consequences to each party.
(k) The balance of the hardships to each party.
(l) The goal that the supported party shall be self-supporting
within a reasonable period of time. Except in the case of a marriage
of long duration as described in Section 4336, a “reasonable period
of time” for purposes of this section generally shall be one-half the
length of the marriage. However, nothing in this section is intended
to limit the court’s discretion to order support for a greater or
lesser length of time, based on any of the other factors listed in
this section, Section 4336, and the circumstances of the parties.
(m) The criminal conviction of an abusive spouse shall be
considered in making a reduction or elimination of a spousal support
award in accordance with Section 4325.
(n) Any other factors the court determines are just and equitable.

4323. (a) (1) Except as otherwise agreed to by the parties in
writing, there is a rebuttable presumption, affecting the burden of
proof, of decreased need for spousal support if the supported party
is cohabiting with a person of the opposite sex. Upon a determination
that circumstances have changed, the court may modify or terminate
the spousal support as provided for in Chapter 6 (commencing with
Section 3650) of Part 1.
(2) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this subdivision.
(b) The income of a supporting spouse’s subsequent spouse or
nonmarital partner shall not be considered when determining or
modifying spousal support.
(c) Nothing in this section precludes later modification or
termination of spousal support on proof of change of circumstances.

4326. (a) Except as provided in subdivision (d), in a proceeding in
which a spousal support order exists or in which the court has
retained jurisdiction over a spousal support order, if a companion
child support order is in effect, the termination of child support
pursuant to subdivision (a) of Section 3901 constitutes a change of
circumstances that may be the basis for a request by either party for
modification of spousal support.
(b) A motion to modify spousal support based on the change of
circumstances described in subdivision (a) shall be filed by either
party no later than six months from the date the child support order
terminates.
(c) If a motion to modify a spousal support pursuant to
subdivision (a) is filed, either party may request the appointment of
a vocational training counselor pursuant to Section 4331.
(d) Notwithstanding subdivision (a), termination of the child
support order does not constitute a change of circumstances under
subdivision (a) in any of the following circumstances:
(1) The child and spousal support orders are the result of a
marital settlement agreement or judgment and the marital settlement
agreement or judgment contains a provision regarding what is to occur
when the child support order terminates.
(2) The child and spousal support orders are the result of a
marital settlement agreement or judgment, which provides that the
spousal support order is nonmodifiable or that spousal support is
waived and the court’s jurisdiction over spousal support has been
terminated.
(3) The court’s jurisdiction over spousal support was previously
terminated.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.

4331. (a) In a proceeding for dissolution of marriage or for legal
separation of the parties, the court may order a party to submit to
an examination by a vocational training counselor. The examination
shall include an assessment of the party’s ability to obtain
employment based upon the party’s age, health, education, marketable
skills, employment history, and the current availability of
employment opportunities. The focus of the examination shall be on an
assessment of the party’s ability to obtain employment that would
allow the party to maintain herself or himself at the marital
standard of living.
(b) The order may be made only on motion, for good cause, and on
notice to the party to be examined and to all parties. The order
shall specify the time, place, manner, conditions, scope of the
examination, and the person or persons by whom it is to be made.
(c) A party who does not comply with an order under this section
is subject to the same consequences provided for failure to comply
with an examination ordered pursuant to Chapter 15 (commencing with
Section 2032.010) of Title 4 of Part 4 of the Code of Civil
Procedure.
(d) “Vocational training counselor” for the purpose of this
section means an individual with sufficient knowledge, skill,
experience, training, or education in interviewing, administering,
and interpreting tests for analysis of marketable skills, formulating
career goals, planning courses of training and study, and assessing
the job market, to qualify as an expert in vocational training under
Section 720 of the Evidence Code.
(e) A vocational training counselor shall have at least the
following qualifications:
(1) A master’s degree in the behavioral sciences.
(2) Be qualified to administer and interpret inventories for
assessing career potential.
(3) Demonstrated ability in interviewing clients and assessing
marketable skills with understanding of age constraints, physical and
mental health, previous education and experience, and time and
geographic mobility constraints.
(4) Knowledge of current employment conditions, job market, and
wages in the indicated geographic area.
(5) Knowledge of education and training programs in the area with
costs and time plans for these programs.
(f) The court may order the supporting spouse to pay, in addition
to spousal support, the necessary expenses and costs of the
counseling, retraining, or education.

4333. An order for spousal support in a proceeding for dissolution
of marriage or for legal separation of the parties may be made
retroactive to the date of filing the notice of motion or order to
show cause, or to any subsequent date.

4336. (a) Except on written agreement of the parties to the
contrary or a court order terminating spousal support, the court
retains jurisdiction indefinitely in a proceeding for dissolution of
marriage or for legal separation of the parties where the marriage is
of long duration.
(b) For the purpose of retaining jurisdiction, there is a
presumption affecting the burden of producing evidence that a
marriage of 10 years or more, from the date of marriage to the date
of separation, is a marriage of long duration. However, the court may
consider periods of separation during the marriage in determining
whether the marriage is in fact of long duration. Nothing in this
subdivision precludes a court from determining that a marriage of
less than 10 years is a marriage of long duration.
(c) Nothing in this section limits the court’s discretion to
terminate spousal support in later proceedings on a showing of
changed circumstances.
(d) This section applies to the following:
(1) A proceeding filed on or after January 1, 1988.
(2) A proceeding pending on January 1, 1988, in which the court
has not entered a permanent spousal support order or in which the
court order is subject to modification.

5230. (a) When the court orders a party to pay an amount for
support or orders a modification of the amount of support to be paid,
the court shall include in its order an earnings assignment order
for support that orders the employer of the obligor to pay to the
obligee that portion of the obligor’s earnings due or to become due
in the future as will be sufficient to pay an amount to cover both of
the following:
(1) The amount ordered by the court for support.
(2) An amount which shall be ordered by the court to be paid
toward the liquidation of any arrearage.
(b) An earnings assignment order for support shall be issued, and
shall be effective and enforceable pursuant to Section 5231,
notwithstanding the absence of the name, address, or other
identifying information regarding the obligor’s employer.

6300. An order may be issued under this part, with or without
notice, to restrain any person for the purpose of preventing a
recurrence of domestic violence and ensuring a period of separation
of the persons involved, if an affidavit or, if necessary, an
affidavit and any additional information provided to the court
pursuant to Section 6306, shows, to the satisfaction of the court,
reasonable proof of a past act or acts of abuse.

6320. (a) The court may issue an ex parte order enjoining a party
from molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, annoying telephone calls as described in Section 653m of
the Penal Code, destroying personal property, contacting, either
directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of the other party,
and, in the discretion of the court, on a showing of good cause, of
other named family or household members.
(b) On a showing of good cause, the court may include in a
protective order a grant to the petitioner of the exclusive care,
possession, or control of any animal owned, possessed, leased, kept,
or held by either the petitioner or the respondent or a minor child
residing in the residence or household of either the petitioner or
the respondent. The court may order the respondent to stay away from
the animal and forbid the respondent from taking, transferring,
encumbering, concealing, molesting, attacking, striking, threatening,
harming, or otherwise disposing of the animal.
(c) On or before July 1, 2009, the Judicial Council shall modify
the criminal and civil court forms consistent with this section.

6320. (a) The court may issue an ex parte order enjoining a party
from molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of the other party,
and, in the discretion of the court, on a showing of good cause, of
other named family or household members.
(b) On a showing of good cause, the court may include in a
protective order a grant to the petitioner of the exclusive care,
possession, or control of any animal owned, possessed, leased, kept,
or held by either the petitioner or the respondent or a minor child
residing in the residence or household of either the petitioner or
the respondent. The court may order the respondent to stay away from
the animal and forbid the respondent from taking, transferring,
encumbering, concealing, molesting, attacking, striking, threatening,
harming, or otherwise disposing of the animal.

6321. (a) The court may issue an ex parte order excluding a party
from the family dwelling, the dwelling of the other party, the common
dwelling of both parties, or the dwelling of the person who has
care, custody, and control of a child to be protected from domestic
violence for the period of time and on the conditions the court
determines, regardless of which party holds legal or equitable title
or is the lessee of the dwelling.
(b) The court may issue an order under subdivision (a) only on a
showing of all of the following:
(1) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
(2) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
(3) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.

6323. (a) Subject to Section 3064:
(1) The court may issue an ex parte order determining the
temporary custody and visitation of a minor child on the conditions
the court determines to a party who has established a parent and
child relationship pursuant to paragraph (2). The parties shall
inform the court if any custody or visitation orders have already
been issued in any other proceeding.
(2) (A) In making a determination of the best interests of the
child and in order to limit the child’s exposure to potential
domestic violence and to ensure the safety of all family members, if
the party who has obtained the restraining order has established a
parent and child relationship and the other party has not established
that relationship, the court may award temporary sole legal and
physical custody to the party to whom the restraining order was
issued and may make an order of no visitation to the other party
pending the establishment of a parent and child relationship between
the child and the other party.
(B) A party may establish a parent and child relationship for
purposes of subparagraph (A) only by offering proof of any of the
following:
(i) The party gave birth to the child.
(ii) The child is conclusively presumed to be a child of the
marriage between the parties, pursuant to Section 7540, or the party
has been determined by a court to be a parent of the child, pursuant
to Section 7541.
(iii) Legal adoption or pending legal adoption of the child by the
party.
(iv) The party has signed a valid voluntary declaration of
paternity, which has been in effect more than 60 days prior to the
issuance of the restraining order, and that declaration has not been
rescinded or set aside.
(v) A determination made by the juvenile court that there is a
parent and child relationship between the party offering the proof
and the child.
(vi) A determination of paternity made in a proceeding to
determine custody or visitation in a case brought by the district
attorney pursuant to Section 11350.1 of the Welfare and Institutions
Code.
(vii) The party has been determined to be the parent of the child
through a proceeding under the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12).
(viii) Both parties stipulate, in writing or on the record, for
purposes of this proceeding, that they are the parents of the child.
(b) (1) Except as provided in paragraph (2), the court shall not
make a finding of paternity in this proceeding, and any order issued
pursuant to this section shall be without prejudice in any other
action brought to establish a parent and child relationship.
(2) The court may accept a stipulation of paternity by the parties
and, if paternity is uncontested, enter a judgment establishing
paternity, subject to the set-aside provisions in Section 7646.
(c) When making any order for custody or visitation pursuant to
this section, the court’s order shall specify the time, day, place,
and manner of transfer of the child for custody or visitation to
limit the child’s exposure to potential domestic conflict or violence
and to ensure the safety of all family members. Where the court
finds a party is staying in a place designated as a shelter for
victims of domestic violence or other confidential location, the
court’s order for time, day, place, and manner of transfer of the
child for custody or visitation shall be designed to prevent
disclosure of the location of the shelter or other confidential
location.
(d) When making an order for custody or visitation pursuant to
this section, the court shall consider whether the best interest of
the child, based upon the circumstances of the case, requires that
any visitation or custody arrangement shall be limited to situations
in which a third person, specified by the court, is present, or
whether visitation or custody shall be suspended or denied.

6324. The court may issue an ex parte order determining the
temporary use, possession, and control of real or personal property
of the parties and the payment of any liens or encumbrances coming
due during the period the order is in effect.

7540. Except as provided in Section 7541, the child of a wife
cohabiting with her husband, who is not impotent or sterile, is
conclusively presumed to be a child of the marriage.

7541. (a) Notwithstanding Section 7540, if the court finds that the
conclusions of all the experts, as disclosed by the evidence based
on blood tests performed pursuant to Chapter 2 (commencing with
Section 7550), are that the husband is not the father of the child,
the question of paternity of the husband shall be resolved
accordingly.
(b) The notice of motion for blood tests under this section may be
filed not later than two years from the child’s date of birth by the
husband, or for the purposes of establishing paternity by the
presumed father or the child through or by the child’s guardian ad
litem. As used in this subdivision, “presumed father” has the meaning
given in Sections 7611 and 7612.
(c) The notice of motion for blood tests under this section may be
filed by the mother of the child not later than two years from the
child’s date of birth if the child’s biological father has filed an
affidavit with the court acknowledging paternity of the child.
(d) The notice of motion for blood tests pursuant to this section
shall be supported by a declaration under oath submitted by the
moving party stating the factual basis for placing the issue of
paternity before the court.
(e) Subdivision (a) does not apply, and blood tests may not be
used to challenge paternity, in any of the following cases:
(1) A case that reached final judgment of paternity on or before
September 30, 1980.
(2) A case coming within Section 7613.
(3) A case in which the wife, with the consent of the husband,
conceived by means of a surgical procedure.

7611. A man is presumed to be the natural father of a child if he
meets the conditions provided in Chapter 1 (commencing with Section
7540) or Chapter 3 (commencing with Section 7570) of Part 2 or in any
of the following subdivisions:
(a) He and the child’s natural mother are or have been married to
each other and the child is born during the marriage, or within 300
days after the marriage is terminated by death, annulment,
declaration of invalidity, or divorce, or after a judgment of
separation is entered by a court.
(b) Before the child’s birth, he and the child’s natural mother
have attempted to marry each other by a marriage solemnized in
apparent compliance with law, although the attempted marriage is or
could be declared invalid, and either of the following is true:
(1) If the attempted marriage could be declared invalid only by a
court, the child is born during the attempted marriage, or within 300
days after its termination by death, annulment, declaration of
invalidity, or divorce.
(2) If the attempted marriage is invalid without a court order,
the child is born within 300 days after the termination of
cohabitation.
(c) After the child’s birth, he and the child’s natural mother
have married, or attempted to marry, each other by a marriage
solemnized in apparent compliance with law, although the attempted
marriage is or could be declared invalid, and either of the following
is true:
(1) With his consent, he is named as the child’s father on the
child’s birth certificate.
(2) He is obligated to support the child under a written voluntary
promise or by court order.
(d) He receives the child into his home and openly holds out the
child as his natural child.
(e) If the child was born and resides in a nation with which the
United States engages in an Orderly Departure Program or successor
program, he acknowledges that he is the child’s father in a
declaration under penalty of perjury, as specified in Section 2015.5
of the Code of Civil Procedure. This subdivision shall remain in
effect only until January 1, 1997, and on that date shall become
inoperative.
(f) The child is in utero after the death of the decedent and the
conditions set forth in Section 249.5 of the Probate Code are
satisfied.