Rule 5.275.Standards for computer software to assist in determining support

Support in California is computed by software, so the software is regulated. The core standard is numeric: using its default settings, a certified program must calculate child support accurate to within 1 percent of the correct amount, tested against scenarios the Judicial Council develops. An applicant must supply a copy of the program — and, if the Council lacks the hardware or operating system to run it, make that available too, along with any licenses needed to test it.

The rest of the standards are about what the program must let a user see and do: accept gross income as the statute defines it; either compute state and federal tax liability accurately or accept a figure, with the default excluding the tax consequences of spousal support yet to be ordered; cap FICA and hardship deductions at their statutory limits; carry a glossary defining every term on screen or in print; and carry instructions for entering each figure.

Two provisions protect the public rather than the calculation. The software or a licence must be available without restriction based on profession or occupation — it cannot be sold only to lawyers. And a sale or donation to a court or judicial officer must include, at no extra charge, a licence for an additional copy that the court makes available to members of the public.

Certification expires after a year unless the certificate says otherwise, and may expire earlier if the tax rules or the support calculation provisions change. Where the program computes tax liability, the application must come with a certified public accountant’s statement that they are familiar with the software, have examined its tax computation in a variety of situations, and consider it accurate. The applicant has a continuing duty to notify the Council of every change made during the certification period.

Finally, use. In title IV-D cases involving the local child support agency, the Department of Child Support Services’ own guideline calculator must be used by the parties, the attorneys, and the court — with a fallback to another certified program if that one is decertified or unavailable. In all other proceedings the court may use, and must permit the parties to use, any program certified under this rule.