Proposed Local Rules / Forms

Questions or comments regarding the proposed rule should be directed by March 22, 2025 to: localrulescomments@sbcourts.org.

PROPOSED CHANGE TO SANTA BARBARA COUNTY SUPERIOR COURT LOCAL RULES EFFECTIVE April 1, 2025:

1418 FILING & SERVICE OF SUPPORT CALCULATIONS

Below is the amendment to Local Rule 1418 that was recommended for adoption by the Civil Rules Committee.

Effective April 1, 2025, Local Rule 1418 is amended to read:

1418 FILING & SERVICE OF SUPPORT CALCULATIONS
a.       [Declaration re Calculations of Support]
          1.       In all matters where child support or temporary spousal support is at issue, a supporting declaration must be filed and served by each party which shall set forth (i) that party’s calculation of child support under the state child-support law; and, (ii) if spousal support is at issue, that party’s calculation of temporary spousal support pursuant to Local Rule 1415.
          2.       The declaration, when taken together with the Income and Expense Declarations, must contain admissible evidence establishing each fact necessary to the computation of support.
          3.       In the absence of a computerized calculation of support, such declarations must also include admissible evidence establishing the applicable tax rates, taxes, and tax calculations.
b.       [Computerized Calculations of Support] Computerized calculations of support may be attached to the Declaration required under local rule 1418(a) as follows:
          1.       The calculations must be based on a computer program currently in effect, including the latest released amendments to that program.
          2.       The Xspouse™ program is utilized by the Court. The Court will take judicial notice of the provisions of the federal Internal Revenue Code, the California Revenue & Taxation Code and applicable regulations, and the accuracy of the amount of applicable taxes calculated by the Xspouse™ program pursuant to Evidence Code sections 452(b), 453, and 455(b).
          3.       If the Xspouse™ program is used, the default settings established in each new version of the software must be utilized. The declaration must describe any differences in the assumptions (“settings”) employed and those required by this Rule.
          4.       If a Judicial Council-approved computer program other than Xspouse™ is used, comparable assumptions and settings shall be used, and a comparable printout shall be provided.