SB 343: Child support.

(1)Existing law requires a court to make an expedited support order if specified information is filed, including the minimum amount the obligated parent or parents are required to pay pursuant to the statewide uniform guideline for support or specified minimum basic standards for adequate care.

This bill would repeal those provisions as of January 1, 2024.

(2)Existing law sets a statewide uniform guideline for determining child support and requires the Judicial Council to periodically review that guideline to recommend appropriate revisions, including economic data on the cost of raising children and an analysis of guidelines and studies from other states. Existing law further requires a court to order, as additional child support, payment of reasonable uninsured health care costs for the child and payment of childcare costs, and may order costs related to the educational or other special needs of the child, and travel expenses for visitation. Existing law requires the court, in making an order pursuant to the uninsured health care costs, to follow specified protocols.

This bill, commencing September 1, 2024, would, among other things, revise the statewide uniform guideline for determining child support, including the amount that establishes a rebuttable presumption that the obligor is entitled to a low-income adjustment. This bill would expand the above-referenced protocols with regard to issuing an order to pay uninsured health care costs to also include orders to pay for specified childcare costs, if those expenses are actually incurred.

(3)Existing law requires counties to maintain a local child support agency to promptly and effectively establish, modify, and enforce child support obligations, to enforce spousal support obligations, and to determine paternity of a child born out of wedlock. Existing law requires that the local child support agency provide notice of the amount of child support that is sought pursuant to the statewide uniform guidelines based upon the income or income history of the support obligor and that a proposed judgment be provided. Existing law requires the Judicial Council, in consultation with specified others, to develop a simplified summons, complaint, and answer forms for any action brought pursuant to those provisions. Existing law requires the simplified complaint form to be based upon the income or income history of the support obligor.

This bill, commencing January 1, 2026, would, among other things, instead require that complaint form to require the local child support agency to use specified methods to calculate income, including using earning capacity if the local child support agency has sufficient evidence to establish earning capacity. The bill would also authorize the department to implement those provisions by a child support services letter or similar instruction until permanent regulations are adopted. The bill would require the department to adopt regulations to implement those provisions by January 1, 2027. By imposing new duties on a local child support agency, the bill would impose a state-mandated local program.

Existing law requires a judgment to be entered without hearing and without other specified requirements in an action filed by the local child support agency involving the simplified procedures described above.

This bill, commencing January 1, 2026, would among other things, expand that requirement to actions based on earning capacity, as specified. The bill would require a local child support agency to conduct a review of the case to determine if there is sufficient additional evidence available to establish actual income of the defendant, as specified. By imposing new duties on a local child support agency, the bill would impose a state-mandated local program.

The bill would also require the Judicial Council, no later than September 1, 2024, to adopt and approve any forms necessary to implement those provisions. The bill would make those forms effective January 1, 2026.

(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.