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Local Family Rules of Court
APPENDIX
DISCRETIONARY POLICY STATEMENTS
FAMILY LAW DIVISION
A. SPOUSAL OR PARTNER SUPPORT
B. PARENT/CHILD TIME SHARING PERCENTAGES
C. TRAVEL EXPENSES FOR VISITATION
These policies are not Local Rules and do not have the force of law, and
they do not replace judicial discretion.
These policies are published to provide parties and counsel an understanding
of decisions the Court is likely to make in specific factual situations
commonly found in family law litigation, but not covered by case law or
statute.
These policies are general statements describing how the Court will usually
deal with the specific issues set forth below. The intent of the Court in
adopting these statements is to encourage and assist parties and counsel to
resolve disputes.
These policies will apply to temporary and permanent orders, in the Court’s
discretion. They will not apply to a given case when contrary to law or when
the application results in undue hardship.
A. SPOUSAL OR PARTNER SUPPORT
1. Determination of Income
The incomes of the payor and the payee will generally be determined in the
same manner as set forth in the applicable provisions of current statutory
child support law, with due consideration of applicable spousal or partner support
statutes.
2. Standard of Living During Marriage or Domestic Partnership
In determining the standard of living during marriage or domestic
partnership, as provided in
current statutory and case law regarding the standard of living, the Court will usually base its findings on
the combined gross incomes of the parties at the time of separation.
3. Application of Local Spousal or Partner Support Formula
The Court will use the local spousal or partner support formula at temporary spousal
or partner support hearings except in the following circumstances:
a. The application would be inequitable; or
b. The demonstrated need for the requested support is below the formula amount.
In the interest of avoiding unnecessary litigation on this issue, the
Expense Declaration of the payee will not be viewed as determining or fixing
need, but as indicating the level of expenditure under the existing
circumstances.
(Eff. 1/1/05)
B. PARENT/CHILD TIME SHARING PERCENTAGES
The Parent/Child Time Sharing Percentages listed below may be used in
calculating guideline child support in addition to similar charts which are
part of the Judicial Council approved child support software. The
appropriate percentage for the time share with the children is a question of
fact for the Court.
(Eff. 1/1/05)
(1) Time Sharing Arrangements
| |
|
Days |
% |
| a. |
1 weekend per mo. |
24 |
7 |
| b. |
1 extended weekend per mo. |
36 |
10 |
| c. |
2 weekends/mo |
48 |
13 |
| d. |
1 weekend/mo + 1 evening/wk |
50 |
14 |
| e. |
Alternate weekends |
52 |
14 |
| f. |
Alternate weekends + 2 wks summer |
67 |
18 |
| g. |
Alternate weekends & ½ holidays + 2 wks summer |
69 |
19 |
| |
(If CP has 2 wks over summer too,
then) |
67 |
18 |
| h. |
Two extended weekends/month |
72 |
20 |
| i. |
Alternate weekends + 1 evening/wk |
78 |
21 |
| j. |
Alternate weekends + 1 overnight/wk |
104 |
28 |
| k. |
Alternate extended weekends |
78 |
21 |
| l. |
Alternate weekends & ½ holidays + 4 wks summer,
(with alternating weekends continuing in summer,
and makeup if weekends lost due to the 4 weeks) |
77 |
21 |
| m. |
Alternate weekends & ½ holidays + 4 weeks summer
(with no alternating weekends all summer) |
75 |
21 |
| n. |
Alternate weekends & ½ holidays + ½ summer
(with or without alternate weekends in summer) |
82 |
22 |
| o. |
Alternate extended weekends + 1 evening/wk |
104 |
28 |
| p. |
Alternate extended weekends + 1 overnight/wk |
130 |
36 |
| q. |
Alternate weekends & ½ holidays, 1 evening/wk,
+ 4 wks summer (with alternating weekends
continuing in summer, and makeup if weekends
lost due to the 4 weeks) |
103 |
28 |
| r. |
Alternate weekends and 1 evening/wk when
school is in session, + ½ school vacations |
104 |
28 |
| s. |
Three days/wk |
156 |
43 |
| t. |
First, third, and fifth weekends |
56 |
15 |
| u. |
First, third, fifth, extended weekends |
84 |
23 |
| v. |
First, third, and alternate fifth weekends |
52 |
14 |
| w. |
First, third, alternate fifth extended weekends |
78 |
21 |
(Eff. 1/1/04)
(2) Definitions
a. Weekend - 6 p.m. Friday – 6 p.m. Sunday (2 days)
b. Extended Weekend - School closing Fri. – school opening Mon.
(3 nights, 2 days)
c. 1st & 2nd; or 2nd & 4th
Weekends - Same as Two Weekends per month
d. 1st & 3rd, & alternating
5th Weekends - Same as Alternate Weekends
e. Afternoon - After school until evening without dinner (1/4 day)
f. Evening - After school – after dinner
(½ day; 1 eve./wk=26 days/year)
g. Overnight - School close mid-week – School opening
next day (1 day)
(1 day; 1 overnight/week = 52 days/year)
h. Holidays - New Year’s, President’s Day, Easter, Memorial Day, Mother’s Day or Father’s Day, July 4, Labor Day,
Thanksgiving (2 days), Christmas,
(½ holidays = 5 days/year)
i. Summer - 10 weeks (70) days; some schools may vary,
such as those using an all year calendar
j. School Vacations - Summer, 2 wks Christmas, 1 wk Spring,
(13 wks/year; ½ vacations = 45.5 days/year,
not counting subtraction of NCP’s ordinary
alternate weekend and mid-week visits and CP’s cross visits)
(Eff. 1/1/02)
C. TRAVEL EXPENSES FOR VISITATION
Travel expenses the Court will usually consider in setting child support
include, but are not limited to, air travel costs, bus or train travel
costs, and automobile travel costs outside the Greater Bay Area, or a
comparable distance.
(Eff. 1/1/98)
Family Rules: Summary - 1 -
2 - 3 -
4 - 5 -
6 - 7 -
8 - Appendix: A - B - C
List of attached Family local forms
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