Incarceration can significantly affect your financial responsibilities, including child support obligations. If you’re facing this situation in California, it’s important to understand how the law views these circumstances and what options might be available to you.
Suspension of child support during incarceration
California law allows for child support payments to be suspended or reduced during incarceration if you can’t meet your financial obligations. Since most inmates cannot work or earn an income while incarcerated, the state recognizes this financial hardship. However, the suspension isn’t automatic. You need to file a motion with the court to request a modification of your child support order.
Without filing for a modification, your unpaid child support continues to accrue as debt, which can become overwhelming by the time you’re released.
Filing for modification while incarcerated
To lower or pause your child support payments, you must demonstrate that your incarceration has significantly reduced your income. This requires submitting proof of your financial situation, including evidence of your incarceration and inability to pay. California courts typically approve these requests unless your incarceration is due to failing to pay child support or another related offense.
Keep in mind that the modification is not retroactive. This means any unpaid support prior to your motion will still be owed. Acting quickly is essential to avoid unnecessary debt.
Resuming payments after release
Once released, your child support obligations will resume, often at the original amount unless you request a review of your financial situation. Courts may also help you develop a payment plan to manage any past-due support. It’s crucial to address this promptly to avoid penalties like wage garnishment or license suspension.
If your financial situation changes after release, you can request a further modification to reflect your current earnings and ability to pay.
Understanding your rights and acting promptly can prevent significant financial strain in these situations.