How Does the California Court Calculate Temporary Child and Spousal Support?

History of Guideline Child Support

The history of temporary child support and spousal support in California reflects a balance between legislative mandates, judicial discretion, and federal compliance. The introduction of the statewide uniform guideline marked a significant development in California's approach to child support. By adopting a formulaic method (as set forth below), the state ensured consistency and fairness in support orders. 

The Federal Government requires each state to establish an enforceable child support system to qualify for federal funding. 

California's adherence to federal requirements has been a driving force in the development of child support guidelines. The Family Code's provisions for child and spousal support reflect a commitment to maintaining compliance with federal regulations while addressing the unique needs of California families. 

What Does the Federal Government Have to Do with Child Support in California?

California's child support guidelines are designed to comply with federal requirements, ensuring the state remains eligible for federal funding for public assistance and child support enforcement programs. Sneed v. Saenz, 120 Cal. App. 4th 1220.

The Family Code also incorporates provisions to address the support of minor children and spouses during dissolution or legal separation proceedings.

Guideline Support Software

Software programs like Dissomaster and Xspouse are used to calculate both child and spousal support. These tools apply statutory formulas and local rules to generate consistent and predictable support orders. The use of such software is encouraged to promote efficiency and uniformity in family law cases, provided it adheres to standards set by the California Rules of Court.

Unfortunately, DissoMaster has been discontinued by its publisher as of spring 2025. The San Diego Court has moved to Xspouse.

Does the Court have Any Discretion?
While the software provides a valuable framework for determining support amounts, courts retain discretion to adjust the calculations based on the specific circumstances of each case. By adhering to these principles, California's family law system seeks to promote fairness and efficiency in support determinations.

Temporary Child Support 

California employs a statewide uniform guideline for determining child support orders, expressed as CS = K[HN - (H%)(TN)], where CS is the child support amount, K is the income allocation for child support, HN is the high earner's net income, H% is the percentage of time the high earner has custody, and TN is the total net income of both parents.  The guideline ensures compliance with federal regulations, as California must adhere to these standards to maintain eligibility for federal funding under programs like Temporary Aid to Needy Families. Galster v. Woods, 173 Cal. App. 3d 529 Shaw v. McMahon, 219 Cal. App. 3d 973.

Can the Court Depart from Guideline Child Support?

Courts may only depart from guideline support in exceptional circumstances pursuant to Family Code §4052. 

Temporary Spousal Support 

Temporary spousal support is governed by California Family Code §3600. Temporary spousal support is designed to maintain the status quo of the parties' living conditions and standards pending trial or settlement. Unlike permanent spousal support, which considers long-term financial circumstances, temporary spousal support focuses on the immediate needs and the ability of the supporting spouse to provide support. In re Marriage of Pletcher, 68 Cal. App. 5th 906 In re Marriage of Hoffmeister, 191 Cal. App. 3d 351.

Is Temporary Spousal Support Mandatory?

Unlike child support, Courts are not bound by statutory guidelines when determining temporary spousal support amounts, allowing flexibility to address the unique circumstances of each case

Conclusion

Temporary, Guideline Support requires more than plugging in a series of numbers constituting both parties’ income and expenses. You want an attorney who knows how to draft an income and expenses declaration and who will pay detailed attention to self-employment income and expenses, profit and loss statements, wages, pensions, bonuses, commissions, RSUs, 401 (k) s, healthcare, extraordinary income, and other relevant factors. These numbers are evidence and should be taken seriously. You will want your attorney to run Xspouse numbers with you and review different scenarios.  Your attorney should file and articulate your Xspouse calculation and report to the Court. Vera Livingstone and Elena Smolina have successfully litigated and mediated hundreds of support orders. Contact livingstonelawsd.com for a free consultation.