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abuse against another person: intentionally or recklessly causing or attempting to cause bodily injury or sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury to that person or another, or engaging in other types of assault or harassment that may be enjoined under the Family Code. [FC §§3011(b), 3044(c), 6203, 6320.]
add-ons: mandatory or discretionary additions to the amount of presumed child support. [FC §4062.]
business income: gross receipts from a business reduced by expenditures required for the operation of the business. [FC §4058(a)(2).]
child support: amount ordered to be paid by one or both parents for the support of their minor children as calculated under the Statewide Uniform Guideline. [FC §§4001, 4055.]
CalWORKS benefits: benefits received under the California Work Opportunity and Responsibility to Kids Act, formerly AFDC.
deferred sale of family home: 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 or incapacitated child for whom support is authorized, whether or not the custodial parent has sole or joint custody, in order to minimize the adverse impact of dissolution or legal separation on the child's welfare. [FC §3800(b); see Marriage of Duke (1980) 101 CA3d 152.]
domestic violence: abuse perpetrated against [FC §6211; see abuse against another person ]:
• A spouse or former spouse,
• A cohabitant or former cohabitant,
• A person with whom the respondent is having or has had a dating or engagement relationship,
• A person with whom the respondent has had a child and a presumption of paternity applies,
• A child of a party or a child who is the subject of a paternity action, or
• Any other person related by consanguinity or affinity within the second degree.
Duke order: see deferred sale of family home.
family support: unallocated total sum for child and spousal support, adjusted to reflect any additional tax deductibility. [FC §4066.]
federal poverty guidelines: see 2004 poverty guidelines established by the Department of Health & Human Services at http://aspe.hhs.gov/poverty/05poverty.shtml.
FICA: Federal Insurance Contributions Act. [See 26 USC §§3101 et seq.] Requires percentage of earned income up to annual limit to be paid into Social Security, and additional percent paid into Medicare.
Gavron warning: advisement to recipient of spousal support that he or she should make reasonable efforts to assist in providing for his or her support needs. [FC §4330(b); Marriage of Gavron (1988) 203 CA3d 705.]
gross income: income form whatever source, excluding child support payments actually received and income from public assistance, need-based programs. [FC §4058.]
guideline: uniform statewide guideline for determining child support. [See FC §4055.]
health insurance coverage: provisions for delivery of health care services by fee-for-service, HMO, PPO, or any other system providing services to dependent child of an absent parent; includes vision and dental care. [FC §3750.]
income and expense declarations: statement of current income and expenses required to be filed by any party appearing at a hearing at which support is in issue. [See CRC 5.128(a); form FL-150.]
low-income adjustment: rebuttable adjustment to income of parent paying support when his or her net disposable monthly income is less than $1,000. [FC §4055(b)(7).]
marital standard of living: standard of living that married parties achieved by the date of their separation; used as one reference point in calculating spousal support. [FC §4330(a); Marriage of Smith (1990) 225 CA3d 469, 491.]
Morrison rule: common law rule prohibiting you from terminating jurisdiction to extend a future support order in the case of a marriage of long duration except when the record clearly indicates that the supported party will have the ability to meet his or her financial needs at termination. [Marriage of Morrison (1978) 20 C3d 437, 453.]
net disposable income: annual gross income minus allowable deductions. [FC §4059.]
obligee: a person to whom a duty of support is owed. [FC §3550(a)(1).]
obligor: a person who owes a duty of support. [FC §3550(a)(2).]
pendente lite spousal support: see temporary spousal support.
presumed support: amount of child support established by the guideline formula [see FC §4055(a)], which is presumed to be correct subject to rebuttals and other adjustments. [FC §4057(a).]
public social services: the activities and functions of state and local government administered or supervised by the State Department of Social Services or State Department of Health Services and involved in providing aid or services. [WIC §10051.]
quasi-community property: real or personal property, wherever situated, that was acquired by either spouse [see FC §125]:
• While domiciled elsewhere that would have been community property if the acquiring spouse was domiciled in California when it was acquired; or
• In exchange for real or personal property, wherever situated, that would have been community property if the acquiring spouse was domiciled in California when it was acquired.
rebuttals to presumed support: factors that show application of the guideline formula for child support is unjust or inappropriate in the particular case. [FC §4057(b).]
Regnery test: three-pronged test to determine whether you should consider a parent's earning capacity in lieu of his or her actual income. [See Marriage of Regnery (1989) 214 CA3d 1367.]
Richmond order: an order setting spousal support for a fixed period based on evidence that the recipient spouse will be self-supporting by the end of the period, and retaining jurisdiction to modify conditioned on a showing of good cause by the supported spouse. [See Marriage of Richmond (1980) 105 CA3d 352, 356.]
SDI: State Disability Insurance. [See UIC §2601 et seq.] Provides partial wage replacement for eligible state workers who suffer loss of wages due to non-work related illness or injury.
spousal support: just and reasonable amount that one ex-spouse is ordered to pay for a period of time for the support of the other, based on the marital standard of living and FC §4320 factors. [See FC §4330(a).]
SSI: Supplemental Security Income for Aged, Blind, and Disabled under Title XVI of the Social Security Act. [See 42 USC §§1381 et seq.]
Statewide Uniform Guideline for Determining Child Support: uniform statewide guideline for determining amount of child support [see FC §4055]; guideline formula incorporated into the certified child support software programs used in all family courts.
step-down order: an order that automatically decreases spousal support at specified intervals, based on specific findings justifying the future step-downs. [See Marriage of Cheriton (2001) 92 CA4th 269, 309–310.]
temporary child support: support ordered to be paid by either or both parents in any amount necessary to support a child during a family law proceeding. [FC §3600.]
temporary spousal support: support ordered to maintain the status quo of the parties pending trial and the division of their assets and obligations. [FC §3600.]
timeshare: the approximate percentage of time each parent will have primary physical responsibility for a child compared to the other parent. [See FC §4055(b)(1)(D); see, e.g., Santa Clara County Local Family Law Rules of Court, Appendix, Discretionary Policy Statement B.]
vocational training counselor: 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 assessing the job market to qualify as an expert in vocational training under EC §720. [FC §4331(a).]
