Family Law Code section 4007.5 suspends any child support due for the support of the minor child if the payor of support is in jail for more than 90 days. If a parent of a minor child is ordered to pay child support and is incarcerated after being ordered to pay child support, by operation of law, the child support obligation will be suspended. In other words, it happens automatically. The payor of support does not need to file a motion to suspend it. The only time it will not be suspended is if the incarceration was due to domestic violence against the other parent.
Family Code Section 4007.5 (a) Every money judgment or order for support of a child shall be suspended, by operation of law, for any period exceeding 90 consecutive days in which the person ordered to pay support is incarcerated or involuntarily institutionalized, unless either of the following conditions exist:
(1) The person owing support has the means to pay support while incarcerated or involuntarily institutionalized.
(2) The person owing support was incarcerated or involuntarily institutionalized for an offense constituting domestic violence, as defined in Section 6211, against the supported party or supported child, or for an offense that could be enjoined by a protective order pursuant to Section 6320, or as a result of his or her failure to comply with a court order to pay child support.
(b) The child support obligation shall resume on the first day of the first full month after the release of the person owing support in the amount previously ordered, and that amount is presumed to be appropriate under federal and state law. This section does not preclude a person owing support from seeking a modification of the child support order pursuant to Section 3651, based on a change in circumstances or other appropriate reason.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as child custody or any other dissolution issue such as child support, spousal support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.