Category Archives: Child Support

What Can I Expect When Filing for Child Support in CA?

February 23, 2026 TRIWriter

Filing for child support in California can feel overwhelming, especially when you’re already dealing with the emotional challenges of separation or divorce. Understanding the process, what the court considers, and what you can realistically expect can help you navigate this critical aspect of family law with greater confidence. Whether you’re the parent seeking support or the one who will be paying, knowing how California’s child support system works is essential for protecting your children’s financial future.

Understanding California’s Child Support Framework

California uses a standardized formula to calculate child support, which is designed to ensure consistency and fairness across cases. Unlike some states where judges have broad discretion, California’s guideline calculation is mandatory in most cases, creating a more predictable outcome based on specific financial factors.

The calculation considers several key elements:

Each parent’s gross income
The percentage of time each parent has custody
Tax filing status
Other allowable deductions, such as health insurance premiums and mandatory retirement contributions

The state uses specialized software that incorporates these variables into a complex formula set forth in Family Code Section 4055. This standardized approach means that two families with similar financial circumstances and custody arrangements will typically receive similar child support orders, regardless of which county they file in or which judge hears their case.

The Initial Filing Process

When you file for child support in California, you can do so through the family court system or through your local child support agency (often called the Department of Child Support Services or DCSS). Each path has different advantages depending on your situation.

If you’re already involved in a divorce or legal separation case, child support is typically addressed as part of those proceedings. You’ll file a Request for Order (Form FL-300) along with an Income and Expense Declaration (Form FL-150), which provides detailed information about your financial situation. Your attorney will also prepare a supporting declaration explaining why the requested support amount is appropriate.

If you’re not involved in other family court proceedings, you can apply for services through your local child support agency at no cost. The agency will establish paternity if necessary, locate the other parent if needed, establish a support order, and handle enforcement. This option works well for parents who need assistance with the entire process and cannot afford private legal representation.

What Information You’ll Need to Provide

Preparing for a child support case requires gathering substantial financial documentation. The court needs a complete picture of both parents’ financial circumstances to calculate an accurate support amount.

You’ll need to provide:

Recent pay stubs
Tax returns from the past two years
Proof of any other income sources
Documentation of health insurance costs for the children
Work-related childcare expenses
Information about any other children you’re supporting
If you’re self-employed or own a business, you’ll need additional documentation, including profit and loss statements and business tax returns.

The other parent must provide similar information. If they refuse or claim they’re unemployed or underemployed, the court can impute income based on their earning capacity, education, and work history. This prevents parents from deliberately reducing their income to avoid support obligations.

The Court Hearing and What Happens There

If you file through the court system, you’ll attend a hearing where a judge reviews the financial information and makes a determination. These hearings are typically brief unless disputed issues require testimony and evidence.

If you file through your local child support agency, you may have a hearing if you disagree with the agency’s proposed support.

The judge will review the income and expense declarations from both parties, consider any special circumstances that might warrant a deviation from the guideline calculation, and issue an order specifying the monthly support amount, when payments begin, and how they should be made. In most cases, support is paid through the State Disbursement Unit, which processes payments and maintains records.

California law requires that child support orders include a wage assignment, which means support is automatically deducted from the paying parent’s paycheck and sent to the State Disbursement Unit for distribution. This system reduces missed payments and simplifies enforcement.

Factors That Can Affect Your Support Amount

While California’s guideline calculation is mandatory in most cases, certain factors can influence the final support amount. The time each parent spends with the children significantly affects the calculation—the more overnight visits a parent has, the less support they typically pay, as they’re directly covering expenses during their parenting time.

Extraordinarily high earners may see a different calculation. When combined parental income exceeds a certain threshold, the court has discretion to deviate from the standard formula. Children’s special needs, including medical expenses or educational costs, can also affect support amounts.

If parents have equal or nearly equal timeshare and similar incomes, support obligations may be minimal or offset. However, even in 50/50 custody arrangements, the higher-earning parent typically pays some support to equalize the children’s standard of living in both households.

Modifications and Enforcement

Child support orders aren’t permanent and unchangeable. Either parent can request a modification if there’s been a significant change in circumstances, such as job loss, substantial income increase or decrease, changes in custody arrangements, or changes in the children’s needs.

California law presumes a significant change of circumstances if it’s been three years since the last order or if income has changed by 20% or more. You’ll need to file a Request for Order to modify support and provide updated financial information.

If a parent fails to pay court-ordered support, California has robust enforcement mechanisms. The child support agency can suspend driver’s licenses and professional licenses, intercept tax refunds, place liens on property, report delinquencies to credit bureaus, and even pursue criminal charges in extreme cases of willful non-payment.

Why Experience Matters in Child Support Cases

While California’s guideline calculation might seem straightforward, child support cases often involve complexities that require seasoned legal guidance. Issues such as calculating income for self-employed parents, business owners, or those with variable compensation structures require careful analysis and presentation. High-income cases where guideline calculations may not apply demand strategic advocacy.

Judy L. Burger, a Certified Family Law Specialist by the State Bar of California Board of Legal Specialization, has dedicated decades to practicing family law throughout California. With extensive experience handling complex child support matters, Judy understands how to accurately present financial information, challenge unrealistic income claims, and advocate for support orders that truly reflect the children’s needs and both parents’ financial capabilities. Her background in intricate cases involving business valuations, stock options, bonuses, and other complicated compensation structures means she can navigate even the most challenging child support scenarios.

California Child Support FAQs

Q: How long does child support last in California?
A: Child support typically continues until the child turns 18 and graduates from high school, whichever occurs later, but not beyond age 19. Support may continue longer for children with special needs who cannot support themselves.

Q: Can parents agree to a different amount than the guideline calculation?
A: Parents can agree to an amount higher than the guideline, but courts rarely approve agreements for less than the guideline amount, as child support is considered the right of the child, not the parents.

Q: Is child support tax-deductible for the paying parent?
A: No. Child support payments are not tax-deductible for the paying parent and are not considered taxable income for the receiving parent.

Q: What if the other parent lives in another state?
A: California can still establish and enforce child support orders through interstate agreements. The Uniform Interstate Family Support Act (UIFSA) allows states to cooperate on child support matters across state lines.

Q: Can I get retroactive child support?
A: Yes. California courts can order retroactive support back to the date you filed your request, and in some cases, even earlier if you can show the other parent avoided service or the case was delayed through no fault of your own.

Get Knowledgeable Representation for Your Child Support Case

Child support is about ensuring your children receive the financial resources they need to thrive. Whether you’re seeking support or facing a support request, having skilled legal representation can make a significant difference in the outcome of your case.

The Law Offices of Judy L. Burger provides comprehensive representation in child support matters throughout California. With a deep understanding of California’s child support guidelines and decades of experience handling cases involving complex income calculations, business ownership, and high-asset families, Judy and her team are prepared to advocate for your children’s best interests.

Don’t navigate the child support process alone. Contact The Law Offices of Judy L. Burger today to schedule a consultation. With offices serving families across California, we’re ready to answer your questions, explain your options, and develop a strategy that protects your children’s financial future. Call now to speak with a Certified Family Law Specialist who understands the nuances of California child support law.

How Do I Request a Child Support Modification for 2026?

January 13, 2026 TRIWriter

Life circumstances change, and when they do, your child support order may no longer reflect your current reality. Whether you’ve experienced a job loss, received a promotion, faced unexpected medical expenses, or seen changes in your child’s needs, California law allows you to request a child support modification. Understanding the process and requirements for 2026 can help you navigate this important legal matter successfully.

Understanding Child Support Modifications in California

Child support modifications are formal changes to existing court-ordered child support arrangements. California recognizes that parents’ financial circumstances and children’s needs evolve. The state’s family law system provides a structured process for modifying support orders when significant changes occur.

However, requesting a modification isn’t as simple as informing your co-parent that you’d like to pay less or receive more. You must file a formal request with the court and demonstrate that a substantial change in circumstances warrants the modification. This is where experienced legal representation becomes invaluable.

Valid Reasons for Requesting a Modification

California courts require a “material change in circumstances” to justify modifying a child support order. For 2026, valid reasons include significant income changes for either parent, such as job loss, a substantial salary increase or decrease, or a career change affecting earning capacity. Changes in the child’s needs also qualify, including new medical expenses, educational costs, or childcare requirements.

Other qualifying circumstances include changes in custody arrangements or parenting time, the birth of additional children to either parent affecting financial obligations, changes in health insurance costs or availability, and disability or serious illness affecting a parent’s ability to work. Additionally, if three years have passed since your last child support order or modification, you may request a review even without showing changed circumstances.

The Step-by-Step Modification Process

The first step in requesting a child support modification is gathering documentation of the changed circumstances. This includes recent pay stubs, tax returns, proof of job loss or income changes, documentation of increased child-related expenses, medical bills or insurance statements, and evidence of custody or parenting time changes.

Next, you’ll need to file the appropriate forms with the court. In California, this typically includes Form FL-300 (Request for Order), Form FL-150 (Income and Expense Declaration), and Form FL-342 (Child Support Information and Order Attachment). You must serve these documents on the other parent in accordance with California legal requirements, providing proper notice and an opportunity to respond.

The court will schedule a hearing where both parents can present evidence and arguments. The judge will review financial information from both parties, consider the child’s current needs, apply California’s guideline child support calculator, and determine whether modification is warranted and by how much.

Important Considerations for 2026

As we move through 2026, several factors make timely child support modifications particularly important. Economic conditions continue to evolve, affecting employment stability and income levels across California. Healthcare costs have risen, potentially impacting the medical support component of child support orders. Educational expenses, including childcare and extracurricular activities, have also increased in many areas.

Additionally, if your current child support order was established several years ago, it may not reflect current California guideline calculations. The state periodically updates its child support guidelines, and your order might be outdated even if your circumstances haven’t dramatically changed.

Common Mistakes to Avoid

Many parents make critical errors when seeking child support modifications. Never stop paying your current child support amount before the court approves a modification. Continuing to pay under the existing order is essential, as modifications typically apply only from the filing date forward, not retroactively.

Don’t assume informal agreements with your co-parent are sufficient. Even if both parents agree to a different amount, the modification must be court-ordered to be legally enforceable. Avoid filing without adequate documentation, as the burden of proof lies with the parent requesting the modification. Failing to disclose all income sources or financial changes can damage your credibility with the court and potentially result in sanctions.

Finally, don’t navigate this complex process alone. Child support calculations involve nuanced legal factors, and procedural missteps can delay or derail your modification request.

The Value of Working with a Certified Family Law Specialist

Child support modifications require detailed financial analysis, thorough documentation, strategic presentation of evidence, and a comprehensive understanding of California family law. Judy L. Burger is a Certified California Family Law Specialist, a distinction held by only ten percent of family law attorneys in the state. This certification, granted by the State Bar of California Board of Legal Specialization, demonstrates proven expertise, extensive experience, and commitment to excellence in family law matters.

With decades of experience helping California families navigate child support modifications and other family law issues, Judy Burger understands the complexities of the state’s child support system. She knows how to present compelling cases for modification, whether you’re seeking an increase in support due to your child’s growing needs or a decrease due to changed financial circumstances.

Her expertise ensures that all necessary documentation is properly prepared and filed, that your case is presented persuasively to the court, that California’s child support guidelines are correctly applied, and that your rights and your child’s best interests are protected throughout the process.

Frequently Asked Questions About Child Support Modifications

Q: How long does the child support modification process take in California?

A: The timeline varies depending on court schedules and case complexity, but typically ranges from two to four months from filing to hearing. Emergency modifications may be expedited in cases of severe financial hardship. Having experienced legal representation can help streamline the process.

Q: Can child support be modified retroactively?

A: Generally, no. Child support modifications typically take effect from the date you file your request with the court, not from when circumstances changed. This is why it’s crucial to file promptly when significant changes occur. Waiting months or years to file means you cannot recover support for past periods or reduce the arrears that accumulated.

Q: What if my co-parent contests the modification?

A: If your co-parent opposes the modification, the court will hold a hearing where both parties present evidence. The judge will evaluate the evidence and determine whether a material change in circumstances exists. Having a skilled attorney to present your case and cross-examine the other parent’s claims is essential in contested modifications.

Q: How often can I request a child support modification?

A: There’s no limit on modification requests if you can demonstrate a material change in circumstances each time. California law allows either parent to request a review every three years without showing changed circumstances. Frequent modification requests without valid reasons may be viewed unfavorably by the court.

Q: Will a child support modification affect other aspects of my custody order?

A: Child support and custody are separate legal issues. A child support modification addresses only financial support obligations and does not automatically change custody arrangements, parenting time, or decision-making authority. However, changes in parenting time can be grounds for modifying child support, as time-sharing affects support calculations.

Take Action Today

If your circumstances have changed significantly since your child support order was established, don’t wait to seek a modification. Delays can cost you financially and affect your ability to meet your obligations or provide adequately for your child.

The Law Offices of Judy L. Burger provides experienced, compassionate representation for child support modifications throughout California. As a Certified California Family Law Specialist, Judy Burger has the expertise to guide you through the modification process efficiently and effectively.

Contact The Law Offices of Judy L. Burger today to schedule a consultation. Let us help you secure a child support order that reflects your current circumstances and serves your child’s best interests. Call our offices or visit our website to get started on your 2026 child support modification.

Child Support, Spousal Support

Planning Child and Spousal Support for the New Year

December 22, 2025 TRIWriter

As we enter 2026, California parents and former spouses navigating child and spousal support obligations face important changes that could significantly impact their financial obligations and expectations. Whether you’re paying or receiving support, understanding these updates and planning proactively can help you avoid financial surprises and ensure your support arrangements remain fair and legally compliant.

Key Changes to California Child and Spousal Support Requirements for 2026

At The Law Offices of Judy L. Burger, we help clients throughout California navigate the complexities of support modifications and adjustments. As we begin the new year, now is the ideal time to review your current support obligations and plan for any necessary changes.

Minimum Wage Increase Affects Low-Income Adjustment

California’s minimum wage increases from $16.50 to $16.90 per hour on January 1, 2026. This seemingly small change has significant implications for child support calculations, particularly for lower-income parents.

The low-income adjustment applies to obligors whose net disposable income per month is less than the full-time minimum wage in California, and starting September 1, 2024, the threshold is the monthly gross income earned from full-time minimum wage at 40 hours per week, 52 weeks per year. With the 2026 minimum wage increase, this threshold now rises to approximately $2,930 per month in gross income.

This adjustment is crucial because the low-income adjustment reduces the child support amount that would otherwise be determined by the guideline calculators. If you’re a paying parent whose income falls near this threshold, you may now qualify for reduced support obligations. Conversely, if you’re receiving support from a low-income obligor, you may see a decrease in payments.

Updated Child Support Formula

Effective September 1, 2024, California child support orders more accurately reflect the realities of parenting in the 21st century, as the federal government revised the formula used for calculating child support and broadened the income ranges used to qualify parents for low-income adjustments.

The new guidelines create a “low-middle” income bracket that allows family law courts to acknowledge the difficulties faced by working parents earning lower incomes but not on public assistance, enabling courts to set orders more in line with a parent’s current expenses.

Changes to Local Child Support Agency Procedures

From January 1, 2026, local child support agencies have new methods for calculating income and considering earning capacity when actual income is insufficient, with the latest techniques helping ensure that child support orders are based on a realistic assessment of each parent’s financial situation.

Special Needs Trust Provisions

Courts have now been empowered to direct child support payments into special needs trusts for children with disabilities, ensuring that financial support does not jeopardize the child’s eligibility for public assistance programs like Medi-Cal or Supplemental Security Income. This is particularly important for parents of children with disabilities who are planning their 2026 financial arrangements.

Planning Tips for Child and Spousal Support Payors

Review Your Income Documentation: If your income has changed significantly since your support order was established, now is the time to gather documentation. Remember, support modifications can only be retroactive to the date you filed your Request for Order with the court, not to when circumstances actually changed, as the court cannot modify support for periods before you formally requested the change.
Understand the Low-Income Adjustment: If your net disposable income is close to the minimum wage threshold, calculate whether you now qualify for the low-income adjustment. Even if you earn slightly above minimum wage on a gross basis, you may still qualify based on your net income after taxes and other deductions.
Stay Current on Payments: California Family Code section 4722 automatically adds up to 6% annual interest to unpaid support, and this interest compounds yearly. Missing payments can quickly spiral into overwhelming debt. If you’re struggling financially, file for modification immediately rather than simply stopping payment.
Consider Tax Implications: The 2026 tax year brings its own considerations. While spousal support remains tax-deductible for the payor and taxable income for the recipient (for orders established before 2019), child support is neither deductible nor taxable. Understanding these distinctions helps with overall financial planning.
Document Your Timeshare Accurately: Child support calculations heavily depend on the percentage of time each parent has physical custody. If your actual timeshare differs from what’s in your custody order, this could affect your support obligation. Keep detailed records of actual custody time.

Planning Tips for Child and Spousal Support Recipients

Monitor Payment Compliance: Stay on top of whether payments are being made on time and in full. California offers multiple enforcement mechanisms, including wage garnishment, license suspension, and asset seizure. If payments become irregular, contact the local child support agency or your attorney promptly.
Understand Modification Limitations: Just as payors can seek modifications when their income decreases, recipients should know that support can also be increased if the payor’s income has risen significantly. Review your former spouse or co-parent’s financial situation annually to determine whether modification is warranted.
Plan for Support Termination: California child support orders remain in effect until a minor turns 18, but if your child is still in high school, the order remains in effect until graduation or until your child turns 19, whichever comes first. If your child is approaching this age, begin planning for the financial transition.
Know Your Rights Regarding Spousal Support Collection: California Child Support Services can only collect spousal support while collecting current support for a child under 18, and once all children have legally emancipated, California Child Support Services can no longer collect or enforce a spousal support order. If you’re receiving both types of support, plan ahead for how spousal support will be enforced after children emancipate.
Keep Detailed Records of Child-Related Expenses: Extraordinary expenses like uninsured medical costs, educational expenses, and childcare can be added to support obligations. Maintain thorough documentation of these costs to support potential modification requests.

How Judy Burger Can Help

Navigating support calculations and modifications requires detailed knowledge of California family law, complex mathematical formulas, and strategic timing. As a California Certified Family Law Specialist, Judy L. Burger possesses the advanced knowledge and proven experience necessary to handle these intricate matters. This certification, held by fewer than 10% of California family law attorneys, demonstrates her commitment to this specialized area of law.

Judy can help you understand how the 2026 changes affect your specific situation. She can calculate whether you qualify for the low-income adjustment, determine if your current support order needs modification, and represent you in seeking fair adjustments based on changed circumstances.

For those paying support, Judy can help you file modification requests promptly to avoid losing months of potential relief. She understands the nuances of income calculation, including how to properly account for bonuses, commissions, self-employment income, and other variable compensation sources.
For those receiving support, Judy can help ensure you’re receiving the full amount you’re entitled to under California’s guidelines. She can assist with enforcement actions when payments aren’t being made and can seek modifications when the payor’s financial situation has improved.

The Law Offices of Judy L. Burger also handles support issues at the intersection with other family law matters, including custody modifications, divorce proceedings, and domestic violence restraining orders that may affect support calculations.

Child & Spousal Support FAQs

How does the 2026 minimum wage increase affect my child support obligation?

The minimum wage increase to $16.90 per hour raises the threshold for the low-income adjustment to approximately $2,930 per month in gross income. If your net disposable income falls below this amount, you may qualify for a reduced support obligation. Even if you don’t qualify for the adjustment, the change affects the overall calculation formula, so your support amount may change slightly.

Can I modify my support order if I lost my job in late 2025 but didn’t file until 2026?

Yes, you can file for modification, but the modification will only be retroactive to the date you file your Request for Order, not to when you actually lost your job. This is why it’s critical to file immediately when circumstances change—every month of delay represents support you’ll still owe at the higher rate.

If my ex-spouse gets a significant raise, can I request an increase in child support?

Absolutely. A material change in the payor’s income is grounds for modification. You’ll need to demonstrate the income increase and show that it results in a significantly different support calculation under the guidelines. An attorney can help you gather the necessary evidence and file the appropriate motions.

Does spousal support automatically end when my child turns 18?

No, these are separate obligations. However, if the local child support agency has been collecting your spousal support along with child support, they can only continue collecting spousal support while a child under 18 is still receiving support. Once all children emancipate, you’ll need to enforce spousal support through other means, typically with the help of a private attorney.

What happens if I can’t afford to pay both child support and spousal support?

California law doesn’t allow you to simply choose which obligation to pay. Both are court-ordered, and failure to pay either can result in serious consequences, including wage garnishment, license suspension, and contempt charges. Instead, you must file for modification based on changed financial circumstances. The court will then recalculate what you can reasonably afford to pay.

Start 2026 With a Solid Support Plan

Don’t wait until financial problems become overwhelming or until you’ve lost months of potential modification relief. Contact The Law Offices of Judy L. Burger today for a comprehensive review of your support situation. With offices throughout California and a deep understanding of the 2026 changes to support calculations, Judy Burger and her team can provide the strategic guidance you need.

Call now to schedule your consultation. Let us help you navigate the complexities of California support law and create a financial plan that protects your interests and ensures compliance with your legal obligations. The support decisions you make now will impact your finances throughout 2026 and beyond—make sure you’re making them with full knowledge of your rights and options.

Take control of your support obligations this year. Contact The Law Offices of Judy L. Burger and start 2026 with clarity, compliance, and confidence.

California Divorce, Child Custody, Child Support

Reviewing Your Parenting Agreement for 2026

December 9, 2025 TRIWriter

As we move into 2026, it’s an ideal time to review your parenting agreement and ensure it still serves your family’s best interests. Children grow, circumstances change, and what worked last year may no longer be practical or appropriate. What happens then?

Why New Year Reviews Matter

The start of a new year brings natural transition points: new school semesters, changed work schedules, evolving extracurricular activities, and shifting family dynamics. These changes often reveal gaps or outdated provisions in existing parenting agreements. Rather than waiting for conflicts to arise, proactive parents use the new year as an opportunity to assess whether their current arrangements still work effectively.

Many parents discover that the informal adjustments they’ve made throughout the previous year should be formalized in their legal agreement. Others realize that their children’s developmental stages require different parenting time structures or decision-making processes. A new year review ensures your legal agreement reflects your actual parenting reality and protects everyone’s interests.

Common Issues of Concern with Parenting Agreements

Certified California Family Law Specialist Judy Burger helps parents navigate the complexities of updating and modifying parenting agreements to reflect their current realities.

Children’s Changing Developmental Needs

As children grow, their needs evolve dramatically. A parenting schedule that worked perfectly for a toddler may be completely inappropriate for a teenager. Younger children typically need frequent contact with both parents and predictable routines, while teenagers often benefit from more flexible arrangements that accommodate their social lives, academic demands, and extracurricular commitments.

School-age children face increasing homework loads, sports practices, music lessons, and social obligations that may conflict with established parenting time schedules. Additionally, as children mature, their preferences about custody arrangements become more significant, and California courts consider children’s wishes when age-appropriate.

Work Schedule Changes

Employment changes significantly impact parenting agreements. A parent who accepted a promotion with different hours, started a new job with a modified schedule, or transitioned to remote work may find that their current parenting time arrangement no longer fits. Similarly, parents who’ve experienced job loss or reduced hours may seek increased parenting time or modifications to child support obligations.

The rise of hybrid work arrangements and flexible schedules has created new opportunities for distributing parenting time. Parents working from home may be able to accommodate midweek overnight visits that weren’t previously feasible, or provide care during times that previously required childcare arrangements.

Relocation Considerations

Whether across town or across the state, relocation dramatically affects parenting agreements. Even moving to a different school district within the same city can necessitate revisions to drop-off and pick-up arrangements, school designation clauses, and transportation responsibilities.

Long-distance moves require comprehensive agreement modifications addressing holiday schedules, summer vacation time, travel expenses, and virtual visitation arrangements. California law requires parents to provide notice before relocating with children, and such moves often trigger formal modification proceedings.

Holiday and Vacation Schedule Conflicts

Holiday schedules that seemed fair initially sometimes prove problematic in practice. Parents may discover that alternating years for major holidays creates hardships, especially when extended family traditions are involved. Additionally, as children age and develop relationships with step-siblings or extended family members, holiday priorities may shift.

Vacation planning often reveals agreement ambiguities. Questions arise about how much advance notice is required, whether vacation time supersedes regular parenting time, how travel expenses are divided, and what happens when both parents want the same vacation period.

Technology and Communication Issues

Modern parenting agreements must address technology-related concerns that didn’t exist a generation ago. Issues include which parent provides cell phones, who pays for devices and data plans, rules about social media access and monitoring, and protocols for virtual visitation when distance separates parent and child.

Communication between co-parents has also evolved with technology. While email and co-parenting apps can facilitate better communication, they can also create new conflicts. Agreements should specify communication methods, response timeframes, and guidelines for respectful interaction.

Educational and Medical Decision-Making

Disagreements about educational choices—including school selection, special education services, tutoring, or extracurricular activities—commonly arise as children’s needs become clearer over time. Similarly, medical decision-making disputes involving mental health treatment, elective procedures, medication management, or alternative therapies may require clarification of the agreement.

The pandemic’s aftermath has introduced new considerations regarding vaccination decisions, remote learning options, and health precautions that many existing agreements don’t address.

How Certified Family Law Specialist Judy Burger Can Help

Judy L. Burger holds the prestigious designation of Certified Family Law Specialist by the State Bar of California Board of Legal Specialization. This certification, held by fewer than 10% of California family law attorneys, demonstrates exceptional knowledge, experience, and skill in family law matters, including modifications to parenting agreements.

With extensive experience helping California families navigate custody and visitation issues, Judy Burger understands that parenting agreements must be both legally sound and practically workable. She takes time to understand your family’s unique dynamics, your children’s specific needs, and your co-parenting challenges before recommending modifications.

The Law Offices of Judy L. Burger can help you determine whether informal modifications should be formalized, whether significant changes warrant formal modification proceedings, or whether mediation might resolve disputes without court intervention. Judy’s approach prioritizes children’s best interests while protecting your parental rights and creating sustainable solutions.

Whether you need minor tweaks to an existing agreement or comprehensive modifications addressing changed circumstances, Judy Burger provides strategic guidance grounded in deep knowledge of California family law. She helps parents draft clear, comprehensive provisions that minimize future disputes and create frameworks for addressing issues as they arise.

Frequently Asked Questions About Parenting Agreements

How often should I review my parenting agreement?

Parents should review their parenting agreements at least annually, ideally at the start of each year or before the new school year begins. Additionally, review your agreement whenever significant life changes occur, such as job changes, relocations, remarriage, or shifts in your child’s needs. Regular reviews help identify issues before they become conflicts.

Can we modify our parenting agreement without going to court?

Yes, if both parents agree to modifications, you can create a written stipulation outlining the changes and submit it to the court for approval. This process is typically faster and less expensive than contested modification proceedings. However, informal changes without court approval aren’t legally enforceable, so formalizing even agreed-upon modifications is important.

What constitutes a significant change of circumstances for modification?

California courts require a significant change of circumstances to modify custody orders. This includes substantial changes in a parent’s living situation, work schedule, or ability to care for the child; the child’s changing needs as they mature; relocation; remarriage affecting the household; or evidence that the current arrangement harms the child’s welfare.

How does my child’s preference factor into agreement modifications?

California law allows courts to consider children’s preferences when they’re mature enough to express reasoned opinions, typically around age 14. However, judges consider children’s wishes as one factor among many, not the sole determining factor. The child’s reasoning, both parents’ relationships with the child, and the child’s overall best interests all matter.

What if my co-parent won’t agree to the necessary changes?

When parents cannot agree on modifications, you can file a Request for Order asking the court to modify your parenting agreement. You’ll need to demonstrate that circumstances have changed significantly since the original order and that the proposed modification serves your child’s best interests. Having experienced legal representation significantly improves your chances of achieving favorable modifications.

Start 2026 with a Parenting Agreement That Works

Don’t let an outdated parenting agreement create unnecessary stress and conflict in 2026. Whether you need minor adjustments or significant modifications, The Law Offices of Judy L. Burger provides the experienced guidance you need to create parenting arrangements that truly serve your family’s current needs.

Contact Certified California Family Law Specialist Judy Burger today to schedule a consultation. With offices throughout California, we’re ready to review your existing agreement, identify areas needing modification, and help you create solutions that prioritize your children’s well-being while protecting your parental rights.

Call us or visit our website to take the first step toward a parenting agreement that works for your family in 2026 and beyond.

Child Support

Explaining the Revised Add-On Expense Allocation When Calculating Child Support Under SB 343

July 28, 2025 TRIWriter

Navigating child support calculations in California can be a complex endeavor, especially with recent legislative updates. One key change that has emerged is encapsulated in California Senate Bill 343 (SB 343), which provides revised guidelines for add-on expense allocations in child support cases.

Certified California Family Law Specialist Judy Burger delves into what SB 343 entails, the revised add-on expense allocations it introduces, and how families can benefit from her expertise.

Overview of SB 343

California SB 343, which was enacted to refine the existing child support framework, aims to ensure that child support calculations take into consideration more realistic and equitable expenses that families may incur. It recognizes that standard Child Support Guidelines may not fully address the financial needs associated with raising a child, especially when factoring in extraordinary expenses such as healthcare, childcare, and educational fees.

Under SB 343, the law allows for modifications to how add-on expenses are calculated and allocated between parents. This revised approach is essential in providing a fairer distribution of child support obligations, ensuring that both parents contribute appropriately to the costs incurred in raising their children.

Revised Add-On Expense Allocation

The revised add-on expense allocation outlined in SB 343 is significant for several reasons:

Inclusion of Additional Expenses: The bill allows for the inclusion of a broader range of expenses in child support calculations. Previously, only basic necessities were considered, but under SB 343, extras such as extracurricular activities, medical expenses, and other relevant costs can now be factored into the calculation.
Equitable Distribution: One of the primary goals of SB 343 is to ensure that both parents contribute to these added costs equitably. This approach alleviates the burden on one parent while providing the child with a more well-rounded upbringing, as both guardians share the financial responsibilities.
Income-Dependent Allocations: The revised formula incorporates parents’ income levels to determine each party’s share of these added expenses. This means that higher-income earners may be responsible for a higher percentage of certain costs, aligning with their financial capabilities.
Streamlined Process: SB 343 provides a clearer framework for courts when calculating child support obligations, reducing ambiguity about what constitutes an add-on expense. This streamlined approach can lead to more efficient hearings and quicker resolutions.
Modification of Existing Agreements: Parents who are currently operating under child support agreements prior to SB 343 may seek modifications to account for the new criteria for add-on expenses. This flexibility is crucial for adjusting to the evolving financial needs of growing children.

How Judy Burger Can Help

As a Certified California Family Law Specialist, Judy Burger has extensive experience navigating the complexities of family law, including child support calculations. Her expertise is invaluable for parents grappling with the nuances of SB 343 and the revised allocation of add-on expenses.

Judy offers support through:

Personalized Consultation: Understanding your unique circumstances is key to achieving a fair child support arrangement. Judy provides one-on-one consultations to assess your situation, ensuring that all relevant expenses are accurately accounted for.
Detailed Guidance on SB 343: With the recent changes in child support law, it’s essential to stay informed about your rights and obligations. Judy stays current on legislative updates and can effectively communicate what the changes mean for you and your child.
Assistance with Modifications: If you have an existing child support order, Judy can help you seek modifications to accommodate the new rules under SB 343, ensuring that your agreements reflect the true financial needs associated with your child’s upbringing.
Advocacy in Negotiations: Navigating discussions with your co-parent can be challenging. Judy serves as an advocate, helping you negotiate a fair agreement and ensuring that both parties are held accountable for their commitments.
Support for All Family Law Matters: Beyond child support, Judy Burger offers comprehensive family law services, addressing issues such as custody, divorce, and property division, providing a holistic approach to resolving family law disputes.

Frequently Asked Questions About SB 343 Child Support Calculations

What expenses are considered add-ons under SB 343?

Add-on expenses may include extraordinary medical costs, childcare fees, extracurricular activities, and educational expenses beyond tuition.

Can existing child support orders be modified under SB 343?

Yes, parents can seek modifications of existing orders to align with the revised guidelines under SB 343, particularly if they can demonstrate that these additional costs are incurred.

How will the revised add-on allocation impact my current payment obligations?

The revised allocation aims to provide a fairer distribution of expenses based on both parents’ incomes, which may either increase or decrease your obligations depending on individual financial situations.

Will all courts interpret SB 343 in the same way?

While SB 343 provides a framework, individual court interpretations may vary. It’s essential to work with a knowledgeable attorney, like Judy Burger, to ensure that your rights are correctly represented.

How can I ensure all my expenses are accounted for?

It’s crucial to document all expenses related to your child thoroughly. Consulting a family law expert can help you identify which costs should be considered and how to present them effectively in court.

Get Help Calculating California Child Support Under SB-343

Understanding the revised add-on expense allocation under SB 343 is essential for parents navigating child support in California. With the assistance of seasoned professionals like Judy Burger, parents can ensure that their child support arrangements are equitable, comprehensive, and reflect their children’s actual needs.

If you have questions or need guidance regarding child support calculations, don’t hesitate to reach out for personalized assistance. Your child’s welfare is paramount, and having knowledgeable support can lead to the best outcomes for your family.

Adultery, California Divorce, Child Custody, Child Support, Marriage, Property Division, Spousal Support

How Can Infidelity Impact My California Divorce?

July 7, 2025 TRIWriter

Divorce is a challenging and emotional process, often complicated by underlying issues such as infidelity. In California, a no-fault divorce state, the term “no-fault” means that you do not have to prove wrongdoing to obtain a divorce. However, infidelity can still influence various aspects of the divorce proceedings.

Understanding how infidelity can impact your divorce is crucial, and working with an experienced family law attorney like Judy L. Burger can help navigate this complex terrain.

The Legal Landscape of Infidelity in California Divorce

California law is primarily grounded in no-fault principles, which means that you can file for divorce without attributing blame to your partner for the marriage breakdown.

The Superior Court of California, County of San Francisco, says, “California is a ‘no fault’ divorce state, you do not need to prove someone did something wrong. You just have to state that you cannot get along with the other party. Legally, this is called ‘irreconcilable differences.’”

However, even within a no-fault system, infidelity can have ramifications. While infidelity doesn’t directly affect division of property or spousal support according to California Family Code, it can impact other factors during the divorce process.

Impact on Community Property Division

In California, assets acquired during the marriage are typically considered community property, meaning they should be divided equally between both spouses. Infidelity alone does not change the classification of property from community to separate property. However, if the infidelity involved the squandering of marital assets—such as spending community funds on an extramarital affair—this might be taken into consideration.

The court could potentially award a reduced share of the community property to the spouse who wasted assets due to their infidelity. In essence, while infidelity itself isn’t a legally recognized reason for favoring one spouse over another in property division, the consequences of infidelity can have financial implications.

Spousal Support Considerations

In California, the court assesses several factors when determining spousal support (alimony), including the duration of the marriage, the standard of living during the marriage, and, to a lesser extent, the conduct of the parties. While infidelity does not automatically disqualify a spouse from receiving support, if one spouse’s infidelity is shown to have a direct impact on the couple’s financial situation—like leading to a significant decline in joint income—it could influence the court’s decisions.

Child Custody and Infidelity

When it comes to child custody arrangements, California courts prioritize the best interest of the child. Infidelity alone is not a factor that typically affects custody decisions. However, the behavior associated with infidelity (such as irresponsibility, commitment issues, or an unstable relationship) could be assessed under the lens of parental fitness. If the infidelity leads to instability in the home environment or negatively affects the children, it could influence custody arrangements.

How Judy L. Burger Can Help

Navigating the complexities of a divorce, particularly when infidelity is involved, can be overwhelming. As a Certified Family Law Specialist with extensive experience, Judy L. Burger provides clients with strategic legal guidance tailored to their unique circumstances.

Judy understands the nuances of California divorce law and can help you assess the potential impacts of infidelity on your case. Whether it’s preparing for negotiations, advocating for your rights in court, or ensuring you receive a fair share of marital assets, she offers the expertise needed for navigating such a sensitive matter.

FAQs: Infidelity in Divorce

Does infidelity automatically lead to a divorce in California?

No, California is a no-fault divorce state, meaning you can file for divorce without proving blame. Infidelity may be a reason for emotional distress but doesn’t automatically qualify as a legal ground for divorce.

Can infidelity affect the division of assets?

While infidelity itself doesn’t generally affect how assets are divided, if the cheating spouse wasted community funds on their affair, it could impact the asset division, potentially working against them.

Will infidelity impact spousal support?

Infidelity may not directly impact spousal support in California. However, if the infidelity contributed to financial instability, it could be a consideration in determining support arrangements.

How does infidelity affect child custody arrangements?

Infidelity alone typically does not affect custody arrangements. However, if the behavior linked to infidelity creates instability, it could impact the court’s view of parental fitness.

Can I use infidelity as leverage in negotiations?

While you cannot use infidelity as a legal basis for divorce in California, it can still be an emotional factor in negotiations. Having a competent attorney can help effectively navigate these discussions while focusing on your legal rights and interests.

A Certified CA Family Law Specialist Can Help with Complex Divorce

Infidelity can impact a divorce in various ways, but understanding how it plays into California’s no-fault divorce laws is crucial. If you’re facing a divorce situation where infidelity is involved, consulting with a skilled family law attorney, like Judy L. Burger, can provide clarity and guidance throughout the process. With the right support, you can navigate the complexities of divorce with confidence and ensure that your rights are protected.

California Divorce, Child Custody, Child Support, Marriage

Do I Want My Baby’s Father to Establish Paternity in CA?

June 30, 2025 TRIWriter

When a child is born outside of marriage in California, the question of paternity can come into play with custody and support issues. Establishing paternity is critical for various reasons, and knowing whether you want the father of your baby to take this step is essential for your family’s future.

CA Certified Family Law Specialist Judy L. Burger explores the implications, benefits, and steps involved in establishing paternity, helping you make a well-informed decision.

What Is Paternity?

Paternity refers to the legal identification of a child’s father. In California, Family Code §§ 7611 stipulates that when a child is born to parents who are not married, the father does not automatically have legal rights or responsibilities concerning the child. Establishing paternity gives the father legal acknowledgment, which has implications for custody, visitation, child support, and inheritance.

Reasons to Establish Paternity

Establishing paternity can be beneficial for several reasons:

Legal Rights and Responsibilities: When paternity is established, the father gains legal rights, including the right to seek custody or visitation. Additionally, he becomes responsible for child support, ensuring that he contributes to the child’s upbringing financially.
Emotional and Social Benefits: Knowing who the father is can have emotional benefits for the child. It can foster a greater sense of identity and belonging, helping to establish a relationship between the child and their father.
Health Benefits: Establishing paternity may provide vital medical and family history, which can aid in future healthcare decisions for the child.
Financial Support: Establishing paternity solidifies the child’s right to financial support from both parents, which can be crucial for the child’s development and education.
Inheritance Rights: Establishing paternity ensures that a child has the right to inherit from their father, which can have significant legal and financial implications in the long run.

When You Might Hesitate

On the other hand, there may be reasons to hesitate before deciding whether to have the father establish paternity:

Relationship Dynamics: If you are unsure about the father’s intentions or if there are unresolved conflicts between you and him, establishing paternity may complicate your relationship further. In some cases, a lack of commitment or past abuse can raise concerns about making the relationship more complex legally.
Concerns Over Child Support: If you feel that the father may not provide adequate financial support or may potentially cause conflicts regarding payments, you may have reservations about taking this step.
Past Behavior: If the father has a history of instability or unsuitability that raises concerns regarding his ability to parent effectively, you might question whether it is in your child’s best interest to establish paternity.

Steps to Establish Paternity in California

If you decide to move forward with establishing paternity, here are the steps involved:

Acknowledgment of Paternity (AOP): If both parents agree, they can fill out the Acknowledgment of Paternity form, which both parents must sign. This can usually be done in the hospital at the time of the child’s birth or later.
Court Order: If the parents do not agree, one parent (usually the mother) can file a petition with the family court, which will require DNA testing to establish paternity.
DNA Testing: If there is uncertainty, a court-ordered DNA test can confirm paternity. DNA testing is highly accurate, and results generally effectively determine biological relationships.
Finalizing Paternity: Once paternity is established, either through a mutual signing of the AOP or a court order, the father’s name is added to the birth certificate. This finalizes the father’s legal association with the child.

Establishing paternity can also influence custody and visitation arrangements. Once he is recognized as the legal father, he can seek custody and visitation rights through the family court system. Establishing paternity does not guarantee shared custody, but it is a necessary first step if he wishes to be involved in his child’s life legally.

Considerations Before Making a Decision

Before deciding whether to have the father establish paternity, consider the following:

Communication: Open lines of communication with the father can help clarify intentions and expectations regarding parenting. Discuss your feelings and any concerns you may have.
Legal Consultation: Consult with a Certified Family Law Specialist like Judy Burger. She can help you understand your rights, obligations, and how establishing paternity can impact your unique situation.
Child’s Best Interests: Your decision should ultimately center around what is best for your child. Consider the long-term implications for their well-being, support, and relationship with both parents.

Get Answers to Paternity Questions in CA

Deciding whether to have your baby’s father establish paternity in California is a significant choice that can shape your child’s future. Weigh the benefits against any potential drawbacks, consider the dynamic between you and the father, and think about what aligns best with your child’s needs.

Seeking legal guidance can also empower you with the knowledge to make the best decision for yourself and your child. Contact The Law Offices of Judy L. Burger to schedule a free consultation.

California Divorce, Child Support, Mediation

Explaining the K-Factor CA Child Support Calculations Under SB 343

June 16, 2025 TRIWriter

California’s child support system is designed to ensure that children receive adequate financial support from both parents following a separation or divorce. In recent years, legislation has evolved to improve these calculations and ensure fairness in support payments.

One of the most notable changes is the implementation of the K-Factor under Senate Bill 343 (SB 343). California Family Law Specialist Judy L. Burger delves into the K-Factor, how it influences child support calculations, and why it’s crucial for parents navigating this challenging aspect of family law.

What is the K-Factor?

The K-Factor is a specific provision within California’s child support guidelines that emerged as part of broader reforms aimed at leveling the playing field for parents who share custody of their children. SB 343 was introduced to provide clearer parameters for calculating child support, particularly concerning shared custody arrangements. The K-Factor calculation reflects the division of parenting time between both parents to ensure that support obligations are more accurately aligned with each parent’s financial responsibilities.

Under the K-Factor system, child support calculations take into account the actual time each parent spends with the child. This means that if a parent has significant parenting time and shares responsibilities, the child support amount will differ compared to a traditional custody arrangement where one parent has primary custody. The legislation recognizes that a child’s needs do not merely hinge on financial contributions; they also depend on the active involvement of both parents in their upbringing.

How Does the K-Factor Work?

The K-Factor operates by adjusting the standard child support calculation to reflect the difference in physical custody time. California uses specific software employing a guideline formula to calculate child support payments. The K-Factor allows the software to modify the support amount based on the percentage of time each parent spends with the child, leading to a more accurate reflection of the costs incurred by each parent.

Factors Influencing the K-Factor Calculation:

Parenting Time: The more time a parent spends with the child, the lower the child support obligation may be. The K-Factor calculation recognizes that a parent who has the child for a larger portion of the week will incur additional expenses, such as food, clothing, and activities.
Income of Each Parent: The K-Factor also considers the income levels of both parents, as the duty to support a child is generally proportional to their income.
Additional Expenses: The calculations factor in the child’s specific needs, including healthcare, education, and childcare costs. If one parent incurs significant costs in these areas, it can influence the K-Factor adjustments.

The Calculation Process

To calculate child support under the K-Factor, parents or their attorneys typically follow this general process:

Input Parental Income: The software inputs each parent’s gross monthly income, including wages, bonuses, rental income, and any other sources of revenue.
Determine Custody Arrangement: The percentage of time each parent has custody of the child is entered, reflecting the shared parenting agreement.
Adjust for Other Expenses: Additional expenses related to the child’s care, such as health insurance premiums or childcare costs, are accounted for.
Run the Calculation: The software will generate a support obligation based on the data provided, applying the K-Factor adjustments as necessary.
Review and Negotiate: The parties can review the output, and if there are disagreements or further considerations, negotiations can occur to arrive at an agreeable support amount.

Why is the K-Factor Important?

The K-Factor is essential for several reasons:

Fairness and Equity: It allows for a fairer assessment of child support obligations and facilitates a more equitable distribution of financial responsibilities between parents.
Encouragement of Shared Parenting: By recognizing shared parenting time in financial calculations, the K-Factor can encourage parents to engage actively in their child’s life, promoting stronger familial bonds.
Reduction of Conflict: Clearer calculations reduce confusion and potential disputes regarding child support, helping parents avoid protracted legal battles.
Meeting Children’s Needs: By ensuring that both parents contribute fairly to the costs of raising a child, the K-Factor supports the overall well-being of children post-separation.

Ensure Compliance and Equity with CA Child Support Assistance

Navigating child support calculations can be complex, particularly with the introduction of new legal frameworks like the K-Factor under SB 343. Understanding this provision empowers parents to negotiate support arrangements that better reflect their reality. Experienced California family Law Attorney Judy Burger understands these nuances and can effectively navigate the child support system in California. Contact the Law Offices of Judy L. Burger nearest you for help negotiating or changing child support arrangements.

California Divorce, Child Custody, Child Support, Marriage

What Should Be Covered In a CA Child Support Agreement?

May 19, 2025 TRIWriter

Divorce often brings about numerous changes and challenges, especially when children are involved. One of the most critical aspects of post-divorce arrangements is child support, which is designed to ensure that children continue to receive financial support from both parents. CA Certified Family Law Specialist Judy L. Burger discusses what should be covered in a child support agreement.

What Is Child Support?

In California, child support is a financial obligation that one parent pays to the other for the care and upbringing of their children. This support is intended to cover essential living costs, including housing, food, clothing, education, and medical expenses. The overarching goal is to ensure that children’s needs are met, regardless of their parents’ relationship status.

Key Components of a Child Support Agreement

When creating a child support agreement, several critical aspects should be considered and clearly outlined to prevent conflicts and ensure that all needs are met.

1. Base Support Amount

The agreement should specify the base support amount that is to be paid regularly. California changed the formula for calculating child support. Beginning September 1, 2024, and continuing into 2025 and beyond, parents creating a child support agreement will use a new formula, called the “K factor.” It adjusts the percentage of net income for lower-income parents and recalibrates contributions for higher-income earners. The new formula will increase child support at most income levels and create a fairer system that more accurately addresses each parent’s financial situation.

It’s crucial that both parents understand how this amount was determined and agree on its payment frequency, whether monthly, bi-weekly, or according to another schedule.

CA Certified Family Law Specialist Judy L. Burger can explain these changes and how they could affect you.

2. Healthcare Expenses

Healthcare costs, including insurance premiums, co-pays, and any uncovered medical expenses, should be addressed in the agreement. Parents need to determine who will be responsible for providing health insurance for the children and how ongoing medical expenses will be shared. Having a clear healthcare provision ensures that children receive necessary medical care without financial disputes.

3. Childcare Expenses

If both parents are working or attending school, childcare expenses may also need to be included in the child support agreement. This should cover costs for daycare, after-school programs, or babysitting services. Clear specifications on how these costs will be divided can help prevent misunderstandings later on.

4. Educational Expenses

Expenses related to education should also be considered, particularly if children are enrolled in private schools or require special education services. The agreement should detail how tuition and related fees will be paid and how costs for college may be handled, including contributions each parent might make toward higher education.

5. Extracurricular Activities

Costs associated with extracurricular activities such as sports, music lessons, clubs, and other enrichment programs should be included as well. Parents should discuss and agree on how these expenses will be covered and the process for deciding on their children’s involvement in such activities.

6. Support Modifications

Life circumstances can change, and it may become necessary to modify the child support agreement over time. The agreement should include a clause outlining how modifications can be made, referencing situations like significant income changes, changes in the children’s needs, or changes in custody arrangements.

7. Enforcement and Penalties

It’s vital to include information on how the agreement will be enforced and the penalties for non-payment. California courts take child support obligations seriously, and understanding the legal implications of failing to comply with the agreement can help motivate both parents to adhere to the terms.

8. Other Key Factors

Some other notable factors to be spelled out in the agreement include:

Amount of each payment
Frequency and timing of payments (weekly on Mondays, the 1st of each month, etc.)
Method of payment (Check, bank transfer, etc.)
Monetary responsibilities by category (school fees, medical expenses, etc.)
How to determine whether a cost is reasonable
Which parent will claim the child as a dependent
When the child support obligation will end

Get Help Creating CA Child Support Agreements

Creating a comprehensive child support agreement is crucial for ensuring that the needs of children are prioritized following a divorce. By clearly outlining responsibilities and expectations related to financial support, both parents can contribute to a stable and nurturing environment for their children.

If you are in the process of drafting or negotiating a child support agreement in California, schedule a consultation with CA Certified Family Law Specialist Judy L. Burger. She is an experienced family law attorney who can provide personalized legal advice and assistance to help you navigate the complexities of child support and ensure that your agreement reflects the best interests of your children while protecting your rights as a parent.

Child Support

Preparing for Periodic Child Support Order Reviews Under SB 343

April 28, 2025 TRIWriter

California’s new child support law, Senate Bill 343, aims to make the child support system more equitable and personalized. The new law will take effect on January 1, 2026, and one change families should prepare for is the Child Support Order review. CA Certified Family Law Specialist Judy L. Burger shares more about preparing for this new requirement.

Periodic Reviews Of Child Support Orders

Senate Bill SB 343 establishes a requirement for periodic reviews of child support orders to adjust these obligations under evolving circumstances. These reviews will consider changes in the parents’ income, employment status, and the child’s needs over time.

Has your income recently increased or decreased? Why? (Retirement, layoffs, termination, job change, etc.)
Has your employment status changed? How? Why? (Termination, self-employed, layoffs, retirement, changed jobs, etc.)
Have the child’s needs changed? How? (Aging, health concerns, driving, school/college, working, etc.)

The new guidelines seek to maintain fairness in child support arrangements by implementing regular assessments. This ensures that the obligations reflect the current situations of both parents and the child. This provision allows for modifications to child support orders as necessary, promoting ongoing equity in child support agreements.

Here’s a more detailed explanation of how SB 343 impacts child support order reviews:

Mandatory Follow-up (FC 17430(e)): Local Child Support Agencies (LCSAs) are required to review cases within one year of judgment and annually thereafter, until a modified order is entered.
Focus on Income and Earning Capacity: The primary purpose of these reviews is to determine if there is sufficient additional evidence to establish an order based on the defendant’s actual income, or to establish a different earning capacity order.
Mandate for LCSAs: LCSAs must file a motion to modify the support order prospectively within 60 days if a review finds sufficient additional evidence to do so.

Senate Bill 343 introduces the possibility of deviating from standard child support guidelines when payments may place an undue burden on low-income parents. This provision recognizes that a uniform approach to child support may not be suitable for every case, allowing for greater flexibility in establishing obligations based on individual circumstances. Family law attorney Judy Burger can provide guidance to help you understand how these provisions might pertain to your specific situation.

What If the Review Raises or Lowers My Child Support Obligations?

The review will examine the most current information detailing your income and expenses, and the child’s needs. This includes:

Your income documents
Your expense documents
Any child care expenses
Medical insurance
Your disability status
Jail or prison status
Unemployment benefits
Retirement income
Your current custody and visitation arrangements

After reviewing the information you and the other parent provide, your local agency will determine whether a modification is needed and, if so, decide on a new amount of support. As a general rule, a modification may be granted if the support order would change by 20% or $50, whichever is less.

If you disagree with the proposed changes for an increase or decrease, you are entitled to a hearing before a family court to hear your case and determine a more balanced outcome. Family law attorney Judy Burger can help you prepare and argue your case.

Ensure Compliance with New CA Child Support Laws

Family Law Attorney Judy L. Burger specializes in guiding clients through child support matters, providing expert counsel to protect your rights and prioritize your child’s best interests. As a California Certified Family Law Specialist, Judy Burger is equipped to help you navigate any changes or challenges you may face in family law issues.

If you need help addressing your family’s needs, we encourage you to contact one of our offices to schedule a consultation. You can contact us at 415-293-8314 and request an appointment at the location nearest you, which includes Gold River, San Francisco, San Jose, Beverly Hills, San Diego, Oxnard, San Rafael, or Santa Barbara, CA.