Can You File for Child Support if the Incarcerated Parent is in Jail

Can You File for Child Support if the Incarcerated Parent is in Jail

Male-Lawyer-meeting-of-Creditors-court

Can You File for Child Support if the Incarcerated Parent is in Jail?

When a parent is charged with a crime, convicted, and sentenced to serve time in jail, the financial obligations they owe to their child or children do not disappear. Going to jail is not a “get out of jail free” card for child support (pardon the pun). Individuals convicted of a criminal offense in California will, at some point, remain on the hook to pay child support. So if you were asking, “Can you file for child support if a father is in jail?” Here is the answer: generally yes.

Child Support Obligations

When it comes to child support obligations in California, serving a jail sentence is viewed similarly to being unemployed for a period of time – it is unfortunate but not an excuse to circumvent your support payments. Child support obligations do not stop accruing simply because a noncustodial parent is serving time in jail or prison. However, a recent modification to a California law provided a modicum of relief for incarcerated individuals.

Sept 27, 2022, Law Changed Incarcerated Parent Responsibility

A new law went into effect on September 27, 2022, in California that established an “automatic stop” on child support obligations when a noncustodial parent is incarcerated for more than 90 days in a California jail, prison, juvenile detention, a mental health facility, or other correctional institution. Basically, this new law means the incarcerated noncustodial parent will not owe child support for the period of time they were incarcerated.

The Exception: The Person in Jail Still Has Income Or Assets

If you are wondering how to get child support from someone in jail, the key issue is whether the incarcerated individual has any accessible assets. This is because there is a noteworthy exception to the new state law described above – child support obligations do NOT automatically stop if there is evidence indicating the noncustodial parent has the funds or assets readily available to pay child support. For example, if a wealthy individual is convicted of financial fraud and sentenced to serve a term of, let’s say, five years in prison, any assets that can be liquidated to help pay child support obligations remain accessible (e.g., money in a checking account, automobiles, properties, stock options, etc.).

When Child Support Restarts for an Incarcerated Parent

In addition to the “available assets” exception, it is important to note that an incarcerated individual will, at some point, have to resume making support payments. In fact, under California law, child support obligations recommence at the amount being paid prior to incarceration on the first day of the first full month the parent is released from jail or prison. For example, if a noncustodial parent was released on June 8, child support would restart on July 1.

How to Request a Child Support Modification Order

When someone owes child support while being confined in a California jail or prison, it is important to file a request for modifications of child support. For example, suppose someone is confined in jail or prison for less than 90 days and loses their job. In that case, that individual retains the right to file a formal request with a California court seeking a modification to the amount of child support owed. In this hypothetical, the basis for requesting the modification would be predicated on the job loss rather than the term of incarceration.

Have Questions About California Child Support Laws When a Noncustodial Parent is Incarcerated? Contact Castro Law Offices, P.C. Today for Assistance

If you have questions about child support obligations, including when a noncustodial parent is serving time in jail or prison, speak to an experienced child support lawyer with the Castro Law Offices, P.C.. Our legal team is here to help and can provide answers to your most pressing questions. Castro Law Offices, P.C. is based in Novato, California, but is ready and able to provide legal services and advice to clients in and around Marin County, including Novato, San Rafael, Greenbrae, San Anselmo, Fairfax, Sausalito, Larkspur, West Marin, Ross, Mill Valley, and Corte Madera.

TESTIMONIALS

I reached out to Mr. Castro for assistance with an upcoming custody/visitation court case in Sonoma County. Jeremy responded to my initial inquiry quickly and his knowledgeable and informative manner made me feel heard and understood, something that, in my experience, is quite rare. He was able to share his experiential knowledge with me in a kind and engaging way that made me feel empowered to take on the challenges ahead. Jeremy was also able to establish early on that he is a man of compassion and integrity. Those are traits I believe are incredibly valuable to anyone finding themselves facing the challenges and uncertainty of the court system. Mr. Castro is experienced and operates with integrity and compassion.
Mike H.
Attorney Jeremy Castro gave me incredible guidance with my guardianship questions. He responded quickly to my questions since guardianship is quite complicated. He is very knowledgeable about San Francisco Bay Area courts and knows the intricacies of many of the courts in the area. I highly recommend him!
Marc S.
Attorney Jeremy Castro helped us greatly. He was very friendly and helped us go to the process of our case here in Sonoma county and was always informative. He kept us updated if there were any changes or if he needed anything to help our case. Castro was patient and made sure he put everything he could to help our case. We highly recommend him.
Jessica R.
Mr. Castro is a great person and attorney, he is compassionate about helping people that are going through child custody cases or any other legal issues that relate. If I could give him 10 stars I would.
Ricardo R.
Mr. Attorney Castro is a professional and a complete person. In the short time that my case takes. He has shown me his experience and his dedication to his work, and not only this has offered me his friendship openly. He has treated me like a Friend his loyalty and reliability makes me feel sure of the triumph I wish him success in his career and I highly recommend him sincere thanks.
Jose F.
Gracias por la revisión de cinco estrellas. Me alegra que me hayas elegido para ayudarte en estos tiempos difíciles.
VIDEOS GUATEMALA S.
Jeremy was the best decision that my family and I had ever done. Jeremy is fairly new in the field but he is aware and very knowledgeable of the law. When he didn’t know something he would find the answer and do his research. Lawyers can get expensive but Jeremy was willing to work payments for me, which helped me and my family financially. Jeremy is professional and always had great follow up (Via Email and Text). Jeremy The main reason we chose Jeremy is because he relates to his clients on a personal level and understands the different issues that people struggle with on a daily basis. Thank you Jeremy for all the help and making our life normal again.
Cesar M.CEO
Previous
Next

Featured Blogs

Stay Updated