2025 California Family Code Updates: New Rules for Divorce, Child Support, and Spousal Support

The California Family Code governs critical aspects of family law, including divorce, child custody, child support, spousal support, and asset division. In 2025, several updates to the Family Code have been implemented to enhance fairness, transparency, and efficiency in family law proceedings. These changes impact processes like default judgments, job training requirements, support enforcement, and spousal support considerations. This article provides a detailed overview of these updates, incorporating the original text where applicable, to help you navigate the evolving landscape of family law in California. Whether you’re facing a divorce, seeking child custody, or addressing support issues, understanding these changes is essential.

Overview of the California Family Code

The California Family Code is the primary legal framework governing family-related matters in the state, covering areas such as marriage, dissolution (divorce), child custody, support obligations, and property division. Administered by entities like the County Clerk and District Attorney, the code ensures standardized procedures for family law cases. The 2025 updates refine existing processes, introducing new requirements to protect all parties involved and align with modern judicial priorities, such as financial independence and streamlined enforcement.

This article delves into four key areas of change: default procedures, job training and work requirements, enforcement of support orders, and spousal support factors.

What Are the New Default Procedures for Divorce in California?

When one spouse fails to respond to a divorce filing, the case may proceed by default, allowing the court to issue a judgment without the non-responding spouse’s input. The 2025 updates to the California Family Code introduce stricter protocols to ensure proper notification and documentation in default cases, as outlined below.

Defaults

The procedure to be followed in processing a default has changed. The law now requires that the County Clerk undertake a Request to Enter Default. In the past, a party or its attorney would certify they sent the request by mail to the party whose default was sought. Under the new law, to request a default, the party must now provide the court clerk with a stamped envelope addressed to the defaulting party or their attorney. Frequently, parties to dissolution may choose to proceed by default when they have reached full agreement and sign an agreed-upon or stipulated judgment or marital settlement agreement. The Code now provides that when the spouse who is in default signs a stipulated judgment or marital settlement agreement, the signature must be notarized.

Previously, a party to a dissolution or a legal separation action that was proceeding by default submitted an affidavit or offer of proof setting forth the grounds upon which the judgment was requested. Typically, a party would check a box indicating that irreconcilable differences had arisen during the marriage and that the marriage was over. Now, the law requires that if the parties have a minor child, the affidavit shall include the estimated gross income of each party, if known, or an explanation of the parties’ lack of knowledge of the defaulting party’s income. Also, if there is a community estate (assets or debts), the affidavit must include the estimated value of the assets and debts proposed to be distributed to each party.

Expanded Details

The default process is a critical mechanism in divorce (or dissolution) cases, particularly when one party does not contest the proceedings. The updated requirements aim to enhance transparency and ensure both parties are informed:

• Role of the County Clerk: The County Clerk now handles the Request to Enter Default, ensuring official oversight. The requirement for a stamped, addressed envelope ensures the defaulting party receives formal notification, reducing disputes over improper notice.
• Notarized Signatures: In cases where both spouses agree on a stipulated judgment or marital settlement agreement, notarization of the defaulting spouse’s signature verifies consent, protecting against fraud or coercion. This is common in uncontested divorces where spouses agree on terms like property division or child custody.
• Enhanced Affidavit Requirements: For cases involving minor children, the affidavit must include each party’s estimated gross income or explain why this information is unavailable. This ensures courts have sufficient data to make fair child support decisions. Similarly, detailing the community estate (shared assets and debts) provides clarity on how property and liabilities will be divided, aligning with California’s community property laws.

These changes make the default process more rigorous, protecting both parties’ rights.

How Do Job Training and Work Programs Impact Support Obligations?

To ensure parents meet their financial responsibilities, the 2025 Family Code updates empower courts to mandate job training and work programs, particularly in cases involving child or family support.

Job Training and Work Requirement

In any proceeding involving child or family support, the court is now authorized to require either parent to attend job training, job placement, vocational rehabilitation, and a work program for a period specified by the court. The court may further require the parent to return with documentation of participation in the programs to enable the court to make a finding that good faith attempts at job training and placement have been undertaken.

Expanded Details

The introduction of job training and work programs reflects California’s emphasis on financial independence for parents responsible for support payments:

• Types of Programs: Courts may order participation in:
  • Job Training: Programs teaching skills like resume writing, interviewing, or industry-specific certifications.
  • Job Placement Services: Assistance in finding employment through agencies or career counselors.
  • Vocational Rehabilitation: Support for parents with disabilities or those needing retraining to re-enter the workforce.
  • Work Programs: Structured employment initiatives, such as community-based work assignments.
• Court Oversight: Parents must provide documentation (e.g., certificates, attendance records) to prove participation. This allows courts to assess whether parents are making good-faith efforts to secure employment and meet support obligations.
• Impact on Support Orders: Compliance with these programs can influence court decisions on child support or family support amounts, ensuring payments are feasible based on earning potential.

This provision supports families by promoting financial stability.

What Are the New Rules for Enforcing Child, Family, and Spousal Support?

Enforcing support orders is a critical aspect of family law, ensuring children and former spouses receive court-ordered financial support. The 2025 updates strengthen enforcement mechanisms and expand the scope of support-related proceedings.

Enforcement of Child, Family, and Spousal Support

The penalty now imposed on employers who fail to provide relevant employment and income information to the District Attorney enforcing a support order has been increased to $1,000. Effective July 1, 1997, the Family Code will require that all District Attorney actions or proceedings relative to support will be heard by a child support commissioner unless one is unavailable due to exceptional circumstances. Now, parties to a District Attorney’s support action can request that the court join issues of custody, visitation, and protective orders to the actions for support filed by the District Attorney. The child support commissioner will be required to refer disputed custody and visitation issues for mediation. If mediation is unsuccessful, the commissioner will refer that part of the case to a judge or another commissioner for a hearing. The child support commissioner will only hear contested custody, visitation, and protective order issues if the court has adopted procedures to segregate the costs of these actions from the support action.

Expanded Details

The updated enforcement rules aim to streamline support proceedings and integrate related family law issues:

• Increased Employer Penalties: Employers failing to provide income or employment data to the District Attorney now face a $1,000 fine, incentivizing compliance and aiding enforcement of child, family, and spousal support orders.
• Role of Child Support Commissioners: Currently, all District Attorney support actions are heard by a child support commissioner, a specialized judicial officer focused on support issues. This ensures expertise and efficiency, except in rare cases where a commissioner is unavailable.
• Expanded Case Scope: Parties can now request that child custody, visitation, and protective orders be addressed alongside support actions. This integration reduces the need for separate proceedings, saving time and resources.
• Mediation for Disputes: Disputed custody or visitation issues are referred to mediation, a process where a neutral mediator helps parents reach agreements. If mediation fails, a judge or another commissioner handles these issues, with costs separated from support actions to maintain clarity in court funding.

These changes enhance the efficiency of support enforcement while addressing related family law matters. For details on support enforcement, visit our Spousal Support and Child Support pages.

How Have Spousal Support Factors Changed in California?

Spousal support (also known as alimony) is designed to provide financial assistance to a spouse after divorce or legal separation. The 2025 Family Code updates refine the factors courts consider when ordering spousal support, emphasizing fairness and self-sufficiency.

Spousal Support Factors

The California Family Code requires the Court to take into consideration several specified factors in ordering spousal support. The law has been amended to add the balance of hardship between the parties and the goal that the supported party be self-supporting within a reasonable period. This period is generally defined as one-half of the length of the marriage. The goal of the party to be self-supporting is not intended to limit the court’s discretion to order support for a greater or lesser period than one-half the length of the marriage if appropriately based on the consideration of other factors. Additionally, except in limited situations, the court is required to advise the parties that the goal of the State is that each party make reasonable good-faith efforts to become self-supporting and that the court may consider a party’s failure to do so as one of the factors for modifying or terminating support.

Expanded Details

The updates to spousal support factors align with California’s goal of promoting financial independence while maintaining judicial flexibility:

• Balance of Hardships: Courts must now consider the financial and personal hardships of both parties. This includes evaluating income disparities, living expenses, and other obligations to ensure equitable support orders.
• Self-Supporting Goal: The supported spouse is expected to become self-supporting within a reasonable period, typically half the marriage’s duration (e.g., 5 years for a 10-year marriage). However, courts can extend or shorten this period based on factors like health, age, or economic conditions.
• Good-Faith Efforts: Courts may reduce or terminate support if a party fails to make reasonable efforts to become self-supporting, such as pursuing employment or training. This encourages accountability while allowing exceptions for circumstances like disability.
• Other Factors: Existing factors, such as earning capacity, marital standard of living, and domestic violence history, remain critical. The updates emphasize a holistic approach to spousal support decisions.

Why These Changes Matter for California Families

The 2025 California Family Code updates address critical aspects of family law, from divorce proceedings to support enforcement. By refining default procedures, mandating job training, strengthening enforcement, and updating spousal support factors, these changes promote fairness, accountability, and efficiency. Whether you’re navigating a divorce, seeking child custody, or addressing support issues, understanding these updates is crucial for informed decision-making.

Frequently Asked Questions (FAQs)

How do I file for a default in a California divorce case?

To file for a default, you must submit a Request to Enter Default to the County Clerk, including a stamped envelope addressed to the non-responding spouse or their attorney. If a stipulated judgment is involved, the defaulting spouse’s signature must be notarized. Ensure your affidavit includes income and community estate details, as required.

What job training programs are required for child support in California?

Courts may order parents to participate in job training, job placement, vocational rehabilitation, or work programs to meet child support obligations. These programs vary by county and may include career counseling or skills training. Documentation of participation is required to demonstrate good-faith efforts.

How are child support orders enforced in California?

Child support orders are enforced through District Attorney actions, often heard by a child support commissioner. Employers face a $1,000 penalty for failing to provide income data. Parties can also address custody and visitation in these proceedings, with mediation for disputes.

What factors influence spousal support in California?

Courts consider factors like income, earning capacity, marriage duration, balance of hardships, and the goal of self-sufficiency. The supported spouse is expected to become self-supporting within half the marriage’s length, though courts retain flexibility.

Can custody issues be addressed in support enforcement cases?

Yes, parties can request that custody, visitation, and protective orders be joined to District Attorney support actions. Disputed issues are referred to mediation, and unresolved cases go to a judge or commissioner.

Navigating the complexities of the 2025 California Family Code changes requires experienced legal support. At Reape-Rickett, our skilled attorneys are here to guide you through divorce, child custody, child support, and spousal support matters. Schedule a consultation today to ensure your rights are protected.