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Published byDeirdre Harper Modified over 9 years ago
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California Guideline Review CSDA Legal Practice Committee Guideline Review Subcommittee
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Sub - Committee Members Jonathan Burris - Sacramento Tom McCool – Orange Jeanne Miskel - Sonoma George Nielson – Contra Costa David Oppenheim - CSDA Melinda Self – San Francisco
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Data Collection Sample of top performing states Sample of bottom performing states Sample of large states
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Difficulties Encountered Different guideline models Calculation of income Concepts of self sufficiency reserve Treatment of CP income Treatment of timeshare Treatment of multiple children Treatment of children from other relationship
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Analysis Correlation inconclusive as to FM3 Ca. GL consistently higher at all levels Ca. GL consistently higher for multiple children Court discretion to depart from guideline
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Review of Literature If support is too high as a percentage of income it won’t be paid Bulk of non-paid support is at the low end of the income spectrum Obligor must be able to meet basic needs or won’t/can’t pay support
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Recommendations Simplify the formula Provide subsistence allowance for obligor Reduce the multiplier for additional children Grant courts more discretion to depart form guideline based on individual case circumstances.
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