Preparing for Periodic Child Support Order Reviews Under SB 343
Child Support

Preparing for Periodic Child Support Order Reviews Under SB 343

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.

  1. Has your income recently increased or decreased? Why? (Retirement, layoffs, termination, job change, etc.)
  2. Has your employment status changed? How? Why? (Termination, self-employed, layoffs, retirement, changed jobs, etc.)
  3. 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.

Changes to CA Child Support Laws for 2025
California Divorce, Child Custody, Child Support, Marriage

Changes to CA Child Support Laws for 2025

California made adjustments in 2024 to reflect changes to the decades-old formula for calculating child support. Beginning September 1, 2024, and continuing into 2025, parents under child support orders will see new changes. CA Certified Family Law Specialist Judy L. Burger explores these changes and how they could affect you.

Improving Parenting in the 21st Century

California’s new child support law, Senate Bill 343 (SB 343), aims to make the child support system more equitable and personalized. The new law will take effect on January 1, 2026, and includes several changes:

  1. Updated Calculation Formula: The new formula, called the “K factor,” 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. 
  2. Revised Add-on Expense Allocation: Add-on expenses, like childcare and medical costs, will be allocated based on each parent’s net income after taxes. This change will affect many parents’ financial responsibilities. The bill also includes additional expenses like extracurricular activities, childcare, and medical costs not covered by insurance. 
  3. Low-income Adjustments: The new guidelines create a “low-middle” earning bracket to help identify parents who are not on public assistance but still need support. The threshold for the low-income adjustment is now based on the amount a parent would earn working a full 40-hour workweek at minimum wage. 
  4. Pass Through to Formerly Assisted Families: Payments received toward government-owed debt will be distributed to parents who previously received cash assistance. 
  5. Potential Reductions for Incarcerated Parents: The bill provides potential reductions in child support obligations for incarcerated parents. 
  6. Limits On Driver’s License Suspensions: The bill limits the use of driver’s license suspensions as a penalty for unpaid child support. 

Periodic Reviews Of Child Support Orders

SB 343 establishes a requirement for periodic reviews of child support orders, aimed at adjusting these obligations in accordance with evolving circumstances. These reviews will consider changes in the parents’ income, employment status, and the needs of the child over time. By implementing regular assessments, the new guidelines seek to maintain fairness in child support arrangements, ensuring 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.

How Do These Changes Affect You?

California is implementing new child support guidelines aimed at creating a fairer and more balanced system. These changes prioritize the well-being of children while considering the diverse financial situations of parents. Understanding the details of Senate Bill 343 is important for those affected by these changes and anyone wanting to stay informed.

The only way to learn how these changes affect you is to have your current child support orders and calculations professionally reviewed. Have you already noticed changes in your child support payments or calculations? Do you have more questions about these changes and how they affect your specific case?

Family Law Attorney Judy L. Burger is adept at helping clients navigate child support issues and her counsel can be invaluable as you seek to protect your rights and ensure the best interests of your child. For expert guidance on these changes, CA Certified Family Law Specialist Judy Burger is available to assist you in addressing your family’s needs. Contact one of our offices to schedule a consultation and review. Call 415-293-8314 and ask to meet in the office nearest you: Gold River, San Francisco, San Jose, Beverly Hills, San Diego, Oxnard, San Rafael, or Santa Barbara, CA.