Starting September 1, 2024, California will implement new child support guidelines as part of Family Code § 4055. The new guidelines are designed to make child support payments fair and better reflect parents’ financial situations.
In this blog, we will be going over the specific changes to child support in California and how it impacts parents. We’ll go over the adjustments to income calculations, changes in the requirements for health insurance, and the new procedures for modifying support orders. Understanding these changes is important for anyone currently paying or receiving child support, as well as those who may need to seek modifications in the future.
Income Imputation Changes
The law now requires a “prove-up” hearing for income imputation cases. Previously, courts could base child support on presumed income, especially if the paying parent did not appear in court or provide income documentation. With the new law, the party seeking to impute income must now present evidence in court to justify the imputed amount.
Low-Income Adjustments
The courts now have expanded discretion to make downward adjustments to child support payments for low-income individuals. This change allows for a reduction in payments if the paying parent’s net income falls below the gross full-time minimum wage. If the calculated support exceeds 50% of the payor’s net income, the court can reduce the amount to this threshold.
Health Insurance Requirement
Under the new law, health insurance is no longer a mandatory component of child support orders if the supporting parent cannot afford it. This is a significant change from the previous requirement, where health insurance coverage was often included in support orders regardless of the parent’s ability to pay.
Enforcement Measures
To improve the enforcement of child support orders, California implemented new measures, including the use of Electronic Income Withholding Orders (E-IWOs) and broader authority for the Department of Child Support Services to collect overdue payments through property liens and garnishments.
These changes are designed to better ensure that payments are financially achievable to both parents. Whether you are currently navigating a child support case or considering a modification, it’s important to be aware of these changes. From the new income imputation rules to expanded low-income adjustments and changes to health insurance requirements, these updates are designed to create a fairer system.
As with any legal changes, it’s important to stay informed and seek legal advice if you have questions about how these new guidelines apply to your situation. The team at Jackman Law is here to help. Let our experienced California family law attorneys represent your case. Contact us today to schedule a free consultation.