Being incarcerated is a serious matter, especially when it may impact a parent’s ability to keep up with child support payments. When a parent is facing criminal charges and is incarcerated in California, the parent’s financial obligation to their child does not necessarily come to a halt. Here’s everything you need to know about what happens to child support if a parent goes to jail.
Incarceration Does Not Stop Child Support
Many parents may be curious as to whether or not child support comes to a halt if their partner is incarcerated. The State of California views incarceration a lot like unemployment. As a result, being out of work is not an excuse to stop paying child support, and thus the same rule is applied with a parent in jail. If a parent is behind bars and cannot pay while they are in jail, they are still subjected to paying their regular monthly obligation, plus additional interest on the child support until a court reduces the order. In the State of California, child support payments are temporarily suspended when the person paying child support is in prison for more than 90 days. Once the parent paying child support is released from jail or involuntary institutionalization, child support payments start again at the amount they were before they were suspended.
It is important to remember that an incarcerated parent in jail may still have income or assets that may be used to financially support their children. This is one exception to the rule of suspending child support payments: if a parent still has the financial ability to pay child support while in jail. Parental assets that may be used to pay for child support while in jail include:
- Interest or dividend income from investments such as stocks or bonds,
- Profit from rentals or selling property (such as real estate, vehicles, or other valuable property assets),
- Bank accounts, retirement accounts, or other accounts that can adequately fulfill child support,
- Profit from selling investments such as stocks or bonds,
- Benefits from disability, retirement, and other similar categories
What To Do if a Parent Finds Out They Will Be Incarcerated
It is incredibly important that upon learning that they will be incarcerated, a parent promptly files a motion with the family court regarding the child support amount. Going to jail does not automatically change a child support order, as this can only be accomplished by a judge. Any incarcerated parent who owes child support will normally request either a reduction or suspension of their child support order. California Family Code Section 4053 lists the determining factors for a child support obligation, including parents’ circumstances and station in life. Thus, if a parent becomes incarcerated, they may be able to obtain a modification to their child support order.
Related: How to Modify a Child Support Order in California
How to Enforce Child Support if a Partner is in Jail
It may be aggravating if a parent who is supposed to be paying child support becomes incarcerated in prison. As a response to this, a parent can file a contempt action in court. The parent in jail must then demonstrate whether or not they are actually able to pay child support. If they claim that they are unable to fulfill their child support obligations, they must then convince the judge that this is true. If the judge deems the incarcerated parent as unable to make child support payments, they will resort to other sources of child support as mentioned earlier (ie: bank accounts, retirement funds, disability benefits).
FAQs About What Happens to Child Support if a Parent Goes to Jail
Are there any other exceptions to having child support suspended while in jail?
In addition to the exception mentioned earlier – a parent is still obligated to pay child support in jail if they are financially able to do so – there are two other exceptions as well:
- A parent was put in jail because of domestic violence against their partner or child they are paying support to, OR
- They were put in jail because they did not pay child support when they were ordered to
Can a parent be incarcerated for not paying child support?
Yes, failure to obey a court order can be considered contempt of court and will seriously impact the parent who has not been paying child support.
Related: How to Enforce Child Support in California
What are other possible consequences of failure to pay California child support?
There are a multitude of serious consequences a parent may face if they fail to pay child support. These consequences include mandatory wage withholding, property lien, suspension of a driver’s license, and revocation of a passport.
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If you or a loved one have any more questions about what happens to child support if a parent goes to jail, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!