Child Support Law 2026 US, Major State Changes Hit January 1, Here’s What Parents Must Know
As of January 1, 2026, major child support changes take effect in Washington, Georgia, Pennsylvania, and California. Washington raises its income table cap from $12,000 to $50,000 monthly and increases the self-support reserve to 180% of federal poverty level. Georgia implements mandatory low-income adjustments. Pennsylvania updates its guidelines. The federal Unborn Child Support Act remains pending, not yet law.
What Changed January 1, 2026?
Washington State (House Bill 1014)
- Income table extended from $12,000 to $50,000 combined monthly net income
- Low-income floor raised from $1,000 to $2,200 combined monthly
- Self-support reserve increased from 125% to 180% of federal poverty level
- New deductions: WA Paid Family Leave and WA Cares contributions
- Minimum support remains $50 per child per month
Georgia (Bill 454)
- Mandatory low-income adjustment replaces discretionary deviation
- Updated Basic Child Support Obligation (BCSO) table (rolled out July 1, 2024, but fully effective January 1, 2026)
- Standardized support obligations for low-income parents
Pennsylvania
- New child support guidelines effective January 1, 2026
- Increased self-support reserve in line with cost of living
- Medical expenses now include psychiatric/psychological services and orthodontia
- Last guideline update was 2022
California (AB 1755)
- Local child support agencies use new income calculation methods
- New guidelines for determining income when actual income is insufficient
- Simplified forms for support actions
- Low-income adjustment updated September 1, 2024
Washington State: The Biggest Changes
Washington made the most significant overhaul. Here’s what parents need to know:
For High-Income Families: Previously, combined incomes above $12,000/month required courts to extrapolate or make individual findings. Now the economic table goes up to $50,000/month, providing consistency and predictability.
For Low-Income Families: Combined income below $2,200/month triggers case-specific court review. Minimum support is $50 per child unless circumstances justify otherwise.
Self-Support Reserve: A parent paying support must retain at least 180% of federal poverty level for their own basic needs (up from 125%). This prevents low-income parents from being pushed below subsistence.
Parents in Behavioral Health Treatment: May qualify for reduced support ($50 per child/month) during court-ordered treatment.
New Deductions Allowed:
- Washington Paid Family and Medical Leave contributions
- Washington Cares long-term care trust contributions
Do Existing Orders Change Automatically?
No. Current orders remain in effect unless modified.
To change support based on 2026 guidelines, one party must file a modification petition with the domestic relations office.
However, if the new guidelines show significantly different support amounts (typically 15-20% change), you may have grounds for modification.
When Can You Modify Child Support?
Typical modification thresholds in most states:
- 15-20% change in income or circumstances
- Substantial change in custody arrangement
- Change in child’s needs (medical expenses, education)
- Job loss or significant income change
- Remarriage affecting household finances
In Washington specifically, you can seek modification if the current order causes children real financial hardship due to significant underpayment.
Unborn Child Support Act: Still Pending
The Unborn Child Support Act (H.R. 1104 and S. 230) has been introduced in the 119th Congress but has not passed into law as of January 2026.
What it would do:
- Allow pregnant women to receive child support starting from conception
- Support begins first month child was conceived (if mother requests)
- Court determines payment amount in consultation with mother
- Paternity testing only with mother’s consent
- No requirement if test poses risk to unborn child
Current status: Referred to Committee on Ways and Means. Still in initial legislative phase. Not enacted.
The bill has been introduced multiple times since 2021 but has not advanced to passage.
Federal Enforcement Mechanisms (No 2026 Changes)
Federal child support enforcement under Title IV-D of the Social Security Act remains the same:
- Wage garnishment – Automatic income withholding
- Tax refund intercept – Federal and state tax refunds seized
- License suspension – Driver’s, professional, and recreational licenses
- Passport denial – Arrears over $2,500 can prevent passport issuance
- Credit reporting – Delinquent support reported to credit bureaus
- Contempt of court – Possible jail time for willful non-payment
How Child Support Is Calculated (General)
Most states use one of three models:
Income Shares Model (40+ states) Based on both parents’ income. Assumes children should receive the same proportion of parental income they would if parents lived together.
Percentage of Income Model (10 states) Based on non-custodial parent’s income only. Flat percentage per child.
Melson Formula (3 states) Complex formula ensuring both parents’ basic needs are met before calculating child support.
Income Included in Calculations
Child support calculations typically include:
- Wages and salary
- Bonuses and commissions
- Self-employment income
- Gig economy earnings (Uber, DoorDash, freelance)
- Rental income
- Investment income
- Unemployment benefits
- Social Security disability
- Workers’ compensation
- Pensions and retirement income
Excluded:
- Needs-based public assistance (SNAP, TANF)
- SSI (Supplemental Security Income)
- Child support received for other children
Gig Economy and Child Support
States are addressing how to calculate support when parents have irregular gig economy income:
- Courts average income over 6-12 months
- Bank statements and 1099 forms used as evidence
- Apps like Uber and DoorDash provide annual earnings summaries
- Self-employed parents must document actual expenses
- Courts impute income if parent voluntarily underemployed
Interstate Child Support Enforcement
The Uniform Interstate Family Support Act (UIFSA) governs when parents live in different states:
- Child support orders can be registered in any state
- Only one valid order at a time (no duplicate orders)
- Issuing state keeps jurisdiction unless all parties leave
- Enforcement available across state lines
- Income withholding applies regardless of state boundaries
Penalties for Non-Payment
State Level:
- Wage garnishment (up to 50-65% of disposable income)
- License suspension (driver’s, professional, recreational)
- Contempt of court
- Property liens
- Bank account levies
- Jail time for willful non-payment
Federal Level:
- Tax refund intercept
- Passport denial ($2,500+ in arrears)
- Credit reporting
- Federal prosecution for crossing state lines to avoid payment
Child Support Arrears
Unpaid child support accumulates as arrears and typically:
- Accrues interest (rates vary by state, typically 6-12% annually)
- Cannot be discharged in bankruptcy
- Does not expire (remains owed even after child turns 18)
- Can be collected through tax refunds, wage garnishment, property liens
- Can result in contempt proceedings
What Parents Should Do Now
If you’re paying more than the new guidelines suggest: File a modification petition showing the current order exceeds what you’d owe under 2026 guidelines.
If you’re receiving less than the new guidelines suggest: File a modification showing the current order causes your children financial hardship due to underpayment.
If the new guidelines would reduce what you pay: Low-income parents may especially benefit if the new self-support reserve means current payments push you below subsistence.
If you’re getting divorced or seeking new orders in 2026: The new guidelines apply automatically to all new orders filed after January 1, 2026.
Documentation Needed for Modifications
Prepare these documents:
- Last 6-12 months of pay stubs
- Tax returns (last 2 years)
- Bank statements
- Proof of childcare costs
- Medical insurance costs
- Unreimbursed medical expenses
- Evidence of income changes
- Current parenting plan or custody order
Can Child Support Be Waived?
Courts typically do not allow parents to waive child support because support belongs to the child, not the custodial parent.
Exceptions exist for:
- Private agreements between parents (not court-ordered)
- Cases where custodial parent has significantly higher income
- Voluntary agreements approved by court if in child’s best interest
However, judges scrutinize waivers and often reject them.
Frequently Asked Questions
Do the 2026 changes apply to existing orders automatically?
No. You must file a modification petition. Existing orders remain in effect until formally modified by the court.
What if I moved to a state with different 2026 guidelines?
The state that issued the original order keeps jurisdiction unless all parties leave that state. You may need to register the order in your new state for enforcement.
Can I modify support if my ex remarries?
A parent’s remarriage alone isn’t grounds for modification. However, if it significantly affects household finances or the other parent’s ability to contribute, it may support a modification request.
What if I lost my job?
File a modification immediately. Support doesn’t automatically reduce when you lose income. Courts may impute income at your earning capacity if they believe you’re voluntarily underemployed.
Is the Unborn Child Support Act law?
No. It’s a pending bill that hasn’t passed Congress. Do not rely on it.
How long does a modification take?
Typically 2-6 months depending on court schedules and whether the other parent contests. Emergency modifications may be faster.
Can I get retroactive support increases?
Modifications typically apply from the date you filed the petition forward, not retroactively. File as soon as circumstances change.
What if my ex hides income?
Courts can issue subpoenas for financial records, bank statements, and employer documentation. Hiding income can result in sanctions and imputed income at higher amounts.
State Child Support Agency Contacts:
- Washington: Washington State Department of Social and Health Services – Division of Child Support | dcs.wa.gov
- Georgia: Georgia Division of Child Support Services | childsupport.georgia.gov
- Pennsylvania: Pennsylvania Department of Human Services – Child Support Services | www.humanservices.state.pa.us/csws
- California: California Department of Child Support Services | childsupport.ca.gov
For federal child support information: Office of Child Support Enforcement | acf.hhs.gov/css
This article provides general information and should not be considered legal advice. Consult with a family law attorney in your state for guidance specific to your situation.
About the Author
Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah