What questions will the judge ask at a custody or child support hearing?

What the law says

Family Code section 217(a): unless the parties stipulate or the court finds good cause, “the court shall receive any live, competent testimony that is relevant and within the scope of the hearing and the court may ask questions of the parties.” California Rules of Court, rule 5.113(g): “Whenever the court receives live testimony from a party or any witness it may elicit testimony by directing questions to the parties and other witnesses.” A party who wants witnesses other than the parties to testify must file and serve a witness list before the hearing (section 217(c)).

For support, the guideline formula in section 4055 runs on each parent’s net monthly disposable income and the share of time each has the children, and both parents must file a current Income and Expense Declaration, or in some child support hearings the simplified FL-155 (rule 5.260(a)). For custody, section 3011(a) lists the child’s health, safety, and welfare, any history of abuse, the nature and amount of contact with both parents, and habitual substance abuse. In an evidentiary hearing or trial where domestic violence is alleged, section 3044(g) requires the court to decide whether the domestic violence presumption applies before issuing a custody order, unless it continues the hearing.

• Family Code section 217 (leginfo.legislature.ca.gov)
• California Rules of Court, rule 5.113 (courts.ca.gov)
• Family Code section 4055 (leginfo.legislature.ca.gov)
• California Rules of Court, rule 5.260 (courts.ca.gov)
• Family Code section 3011 (leginfo.legislature.ca.gov)
• Family Code section 3044 (leginfo.legislature.ca.gov)

What to do next

The courts’ self-help guide says the judge might ask “If there is anything you have to add to what you already wrote in your papers” and “Why the other person's solution doesn't work,” and may also ask about something you wrote. Reread your filed papers and the other parent’s, bring your latest tax return and pay stubs for a support hearing, and answer the question asked, briefly.

• California Courts self-help: what to expect at a Request for Order hearing
• What happens at a child support hearing in California?
• What the judge has read before your hearing
• What to say and not say to the judge
• Preparing for your California hearing