Does Child Support Increase With Inflation?

As a parent who is taking care of young children, inflation is something that will have a measurable effect on your quality of life and daily living. Even if your child support payment from a divorce does not automatically adjust for inflation, California has laws in place that allow you to request this change – whether you are the paying party or the recipient. Learn more about child support with our family attorneys in San Diego.

How Does Inflation Affect Child Support in California?

All child support decisions that are made by the courts are based on what is in the child’s best interest. This includes whether an adjustment needs to be made on an active child support order due to inflation and rising costs of living.

If a child support order no longer adequately covers the child’s needs due to inflation – including the costs of housing, food, education, clothing, childcare, medical care and extracurricular activities – the courts may approve a petition for child support modification. Reach out to a child support lawyer in San Diego to learn more.

Are Child Support Inflation Adjustments Automatic?

The answer to the question depends on the individual child support court order. Some support orders contain Cost-of-Living Adjustment (COLA) clauses that automatically increase child support payments annually based on adjustments made for inflation. These adjustments are determined by the Consumer Price Index and other economic factors. 

Certain eligibility requirements must be met for a judge to include a COLA clause within a child support order in California. A judge will analyze the incomes of both parents and estimate how much either parent’s earnings may change due to inflation over time. Many child support orders do not include this clause, meaning adjustments for inflation require formal modification requests.

Prior to January 1, 2021, individuals who qualified as “low income” would have their child support agreements adjusted automatically for cost of living increases once per year. The passing of California Senate Bill No. 469, however, brought this to an end. The income threshold for child support calculations is no longer adjusted annually for low-income individuals; instead, adjustments for inflation must be requested by the individual.

Can I Request a Child Support Increase Due to Inflation?

If a child support agreement contains a COLA clause, parents do not have to make modification requests based on the costs of living, as the order will be modified annually. Without a COLA clause, parents are permitted to request child support modifications to address the effects of inflation in California courts.

Parents in California may request child support order modifications if there has been a significant change in the family’s financial situation. In general, a modification request will only be granted if the change in circumstances is meaningful, such as a major increase in the cost of living or substantial changes to the child’s needs or parent’s income.

Either parent may request child support payment modifications based on cost of living. The custodial parent can request payment increases, while the noncustodial parent can request payment decreases. The requesting party will need to submit his or her request along with evidence of the increased living expenses due to inflation to the court that issued the original child support order.

Do You Need to Modify Your Child Support Agreement Due to Inflation?

If your child support amount is no longer enough to care for your children due to rising costs of living in California, you may be eligible for a child support modification. Let a San Diego divorce attorney at Boyd Law review your situation to determine whether you are a good candidate based on your circumstances. Request a free case consultation today.