In an era where children can become social media sensations overnight, California is stepping up to ensure young influencers are protected. As of September 2024, a groundbreaking law requires parents who profit from content featuring their children to safeguard a portion of those earnings. This law addresses the growing trend of child influencers and the need to prevent financial exploitation.

Why This Law Matters

Child influencers, often referred to as "kidfluencers," can generate significant income through platforms like TikTok, YouTube, and Instagram. However, unlike traditional child actors in the entertainment industry, social media influencers previously operated in a legal gray area. Without proper safeguards, children risked losing the income they helped generate.

This new legislation bridges that gap by drawing parallels with California’s existing Coogan Law, which protects child actors by requiring a portion of their earnings to be set aside in a trust until they reach adulthood. The goal is simple: ensure that child influencers benefit from their own work.

Key Points of the Law

• Earnings Protection: At least 15% of earnings from social media content featuring children must be placed in a trust account that the child can access at age 18.
• Record Keeping: Parents must maintain records of how often their children appear in videos or posts and track the associated earnings.
• Transparency and Accountability: The law mandates financial transparency to ensure that income generated by children directly benefits them, rather than being solely managed or spent by parents.

How This Affects Family Law

For family law practitioners, this law introduces new considerations in child custody and divorce cases where social media content is monetized. Questions around who manages the child’s social media, how earnings are allocated, and the preservation of those funds can become points of negotiation or contention.

In custody disputes, courts may examine whether both parents are honoring their obligations to safeguard the child’s income. The law can also affect how assets are divided during divorce proceedings, ensuring that earnings allocated to the child remain protected and untouchable by either parent.

Protecting the Best Interests of the Child

At M.C. Law, P.C., we believe this legislation is a step in the right direction for ensuring the well-being of children in the digital age. Whether representing parents or children, our firm is committed to upholding the legal protections that foster financial security and fairness.

If you have questions about how this new law might impact your family or custody arrangements, our team is here to help navigate the complexities and protect what matters most—your children’s future.

At M.C. Law, P.C., we stay up-to-date with evolving family law trends to better serve our clients. Contact us today to discuss how we can assist with family law matters, including child custody, support, and protecting your child's financial future.