New California Laws and Their Impact on Child and Spousal Support

2020 is the start of a new decade and several new laws in California that can impact your child and spousal support orders.
First, the minimum wage in California has risen to $13.00 per hour, $12 per hour for businesses with 25 or fewer employees. (In Los Angeles County the minimum wage is $13.25 or $14.25 an hour respectively). The increase in the minimum wage may reduce your child and/or spousal support if your former spouse was assigned or “imputed” minimum wage income. If your former spouse is not working and has not been assigned income, the new higher minimum wage may make this issue worth exploring.
Second, Californians will be required to have health insurance.  Even though the federal mandate for the Affordable Care Act is currently under review, there will be penalties for failing to enroll in a healthcare plan in California for taxes filed in 2021. The cost of health insurance is an expense that creates a “change of circumstances,” which opens the door for a modification of child and/or spousal support.
The process of obtaining material facts and information to decide whether a modification of child and/or spousal support is warranted is relatively simple, but analyzing that information and applying it to the law is anything but simple.  California allows parties to request an updated Income and Expense Declaration and copies of the other party’s most recent state and federal tax returns, once per year without going to court, as long as child and/or spousal support is either being paid or is reserved.
Deciding whether to pursue a modification of child and/or spousal support, either an increase or a decrease, is not something that should be done without first consulting with an experienced family law attorney who can guide you through the process and the law in this area.
For more information on family law matters contact The Reape-Rickett Law Firm at 661-288-1000.