Section 17402 Of Article 1. Support Obligations From California Family Law Code >> Division 17. >> Chapter 2. >> Article 1.
17402
. (a) In any case of separation or desertion of a parent or
parents from a child or children that results in aid under Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code being granted to that family, the
noncustodial parent or parents shall be obligated to the county for
an amount equal to the amount specified in an order for the support
and maintenance of the family issued by a court of competent
jurisdiction.
(b) The local child support agency shall take appropriate action
pursuant to this section as provided in subdivision (l) of Section
17400. The local child support agency may establish liability for
child support as provided in subdivision (a) when public assistance
was provided by another county or by other counties.
(c) The amount of the obligation established for each parent with
a liability under subdivision (a) shall be determined by using the
appropriate child support guideline currently in effect and shall be
computed as follows:
(1) If one parent remains as a custodial parent, the support shall
be computed according to the guideline.
(2) If the parents reside together and neither father nor mother
remains as a custodial parent, the guideline support shall be
computed by combining the noncustodial parents' incomes. The combined
incomes shall be used as the high earner's net monthly disposable
income in the guideline formula. Income shall not be attributed to
the caretaker or governmental agency. The amount of guideline support
resulting shall be proportionately shared between the noncustodial
parents based upon their net monthly disposable incomes.
(3) If the parents reside apart and neither father nor mother
remains as a custodial parent, the guideline support shall be
computed separately for each parent by treating each parent as a
noncustodial parent. Income shall not be attributed to the caretaker
or government agency.
(d) A parent shall pay the amount of support specified in the
support order to the local child support agency.