The California legislature has reenacted Family Code section 4007.5.  Effective January 1, 2021, child support obligations will be suspended by operation of law when the child support order is established after January 1, 2021, the parent paying support has been incarcerated or involuntarily institutionalized for more than 90 consecutive days prior to the suspension.  This means that payment due on the current child support order, arrears or interest during a qualifying period of incarceration is set to $0 during the period the parent paying support is incarcerated or involuntarily institutionalized.  The prior child support obligation resumes on the first day of the first full month after release.

Exceptions to suspension of the child support order are when the parent paying support has the means to pay support while incarcerated or involuntarily institutionalized, is incarcerated or involuntarily institutionalized for domestic violence against the supported party and/or the supported children, various offenses that are subject to restraining order including stalking and harassment, or incarceration is for failure to comply with the child support order.

When the parent paying support has been incarcerated or involuntarily institutionalized, the Local Child Support Agency (LCSA) must administratively adjust the child support order and/or modify the court order.  For administrative adjustment, the LCSA must verify: the order was issued on or after January 1, 2021, the period of confinement has lasted more than 90 consecutive days, there is no evidence to support an exclusion from administrative adjustment, the LCSA has sent notice of the intended adjustment to both the person paying support and the person ordered to receive support, and neither party has objected to administrative adjustment within 30 days of receipt of the notice.  If either party objects to administrative adjustment, the LCSA must file a motion with the court.

Existing review and adjustment regulations are unchanged.  If there is no evidence of support potential when the parent paying support is incarcerated or involuntarily institutionalized, the LCSA can ask the court to establish a zero-dollar order or move that an existing order be modified to zero.  If there is evidence the parent paying support has some ability to pay, an order can be established or an existing order can be modified to the appropriate amount.

Family Code section 4007.5 now sunsets on January 1, 2023 unless that date is extended by legislation.  Any administrative adjustment action must be completed before January 1, 2023.  The prior order must be reinstated on January 1, 2023.  (CSSP Letter 21-01, February 10, 2021.)

Effective May 1, 2020, the California Department of Child Support Services (DCSS) is distributing child support collections from federal tax intercepts in cases where the custodial parent is not currently receiving CalWORKs to the custodial parent.  DCSS states that this has been an option since 2005 but California has not implemented it.  DCSS states that Governor Newsom’s
Executive Order N-52-20 requires it to exercise this option.

Going forward, child support collections from federal tax intercepts will be applied to current support first, which means the collection will be paid to the family first before being applied top government-owed arrears when the family is not currently receiving CalWORKs.  (CSSP Letter 20-05, August 10, 2020.)

The California Department of Child Support Services (DCSS) has issued a policy that individuals may change their gender with the DCSS at any time.  Local Child Support Agencies must accept any change of an individual’s gender to male, female or nonbinary without the need for documentation or form completion.  Gender changes may or may not be accompanied by name changes.

A name change requires a government issued form of identification such as a driver’s license or a Social Security card with a new legal name.

All Local Child Support Agencies must change all materials, including county specific forms and outreach materials, to comply with AB 179, the Gender Recognition Act, including but not limited to adding a nonbinary gender option and removing gender specific pronouns.  (CSSP Letter 19-06, July 31, 2019.)

The California Department of Child Support Services (DCSS) has issued a policy that child support services must be provided for an adult disabled child if the child’s disability is verified to have occurred prior to the age of majority, the child is incapacitated and unable to earn a living, and without sufficient means.  This policy is based on Family Code Section 3910.

Before opening a case, the Local Child Support Agency must request verification that child’s disability occurred prior to the age of majority, the child is incapacitated and unable to earn a living, and without sufficient means.

If there is a claim of disability in an open case and that claim is verified, the Local Child Support Agency must file a motion to extend support under Family Code Section 3910.

If an applicant has a child support order for an adult disabled child, the Local Child Support Agency must enforce the order past the age of majority if the order states the disability occurred prior to the age of majority or, if the order is silent about disability, the applicant provides documentation that the disability occurred prior to the age of majority.  (CSSP Letter 19-07, July 31, 2019.)

The California Department of Child Support Services (DCSS) has issued policy regarding transportation and education and outreach.  This policy implements sections of the new federal child support regulations that became effective on December 20, 2016.

The new federal regulations at 45 CFR Section 304.20(b)(3)(v) authorize providing transportation assistance such as bus fare or taxi reimbursement for participation in the establishment of and enforcement of child support orders.  DCSS policy is that each local child support agency may, at its discretion, provide minor transportation assistance costs.

The new federal regulations at 45 CFR Section 304.20(b)(12) also authorize education and outreach activities intended to inform the public, parents, family members and young people who are not yet parents about the child support program, responsible parenting, family budgeting and other financial responsibilities when parents are not living together.  DCSS policy is that local child support agencies may conduct education and outreach activities.  (CSSP Letter 19-05, June 4, 2019.)