The California Department of Child Support Services (DCSS) has informed local child support agencies (LCSAs) about changes to the child support guidelines.
Beginning January 1, 2026, LCSA may no longer plead presumed income in child support complaints. This change is to implement the 2016 Final Federal Rule. LCSAs must plead actual income, unless actual income of the parent paying support is unknown or the LCSA has sufficient information and evidence that earning capacity is greater than actual income. In those two situations, the LCSA can plead earning capacity. When determining earning capacity when the parent paying support’s income is unknown, the court will consider the circumstances of the parent, including evidence of the parent’s assets, residence, employment and earning history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, record of seeking work, and the local job market.
Prior to pleading earning capacity, the LSCS must attempt the contact the parent paying support at least three times, seek information about the parent paying support’s expenses and work history from the person ordered to receive support, and search available databases for information relating to the parent paying support’s employment and income.
All summons and complaints must proceed to a court hearing, and judgments can only be entered after a court hearing.
LCSA’s must review default judgements based on earnings capacity if actual income is unknown withing one year after entry of judgment, and annually thereafter, until the order is modified. If the LCSA identifies sufficient information and evidence to modify the judgment, it must file a motion within 60 days. LCSAs or parties have two years from service of the first Income Withholding order to request a set aside. Within three months of receiving the first collection, LCSAs must check all appropriate sources of income information and if income information exists determine whether the order should be set aside. (CSSP 25-01, December 11, 2025.)