When a parent goes to jail, many assume child support automatically stops, but that’s not how the law works. In California, support obligations continue unless the court formally modifies the order, which can lead to serious financial consequences if ignored.
Understanding your rights and responsibilities during incarceration is critical, whether you’re the paying or custodial parent. In this blog, we break down how child support is handled, how to request a modification, and what happens if no action is taken—so you can avoid costly mistakes and protect your future.
If you need guidance on your situation, contact our office today to schedule a consultation and protect your rights.
Transcript:
Hi, I’m Sina Mohajer from Mohajer Law Firm. We specialize in Family Law, Estate Planning, Criminal Defense and Personal Injury.
You probably noticed that we’re currently indoors and not strolling a beautiful park like usual. Well, regardless of rain or shine, I want to take these opportunities to provide you with information that could potentially help you in your case.
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What Happens to Child Support When a Parent Goes to Jail
In this video, I want to address what happens to child support if one parent goes to jail. We’re going to go over the legal status of child support during incarceration, how to modify that child support, what happens if no action is taken, and lastly, how an attorney can help protect your rights.
Legal Status During Incarceration
Now in regards to legal status, under California law, a parent’s incarceration does not automatically pause or terminate their child support obligation. Unless the parent takes specific legal action, the existing court order remains in full effect and payments will continue to accrue.
So this includes cases where the incarcerated parent has no income while in custody. The court considers child support to be a legal obligation and only the court can modify the amount owed.
So if the parent fails to file for modification, the unpaid support, also known as arrears, will continue to accumulate and it could result in long term debt.
How to Modify Child Support if You’re Incarcerated
Which brings us to how to modify child support if you’re incarcerated. Parents who are incarcerated can request a modification of their child support order by filing what’s called the request for order, or RFO for short, with the Family Court.
Now, this motion must be based on substantial change in financial circumstances, such as a loss of income due to being incarcerated. The court will evaluate the parent’s financial condition, sentence length and other relevant factors, and if the court grants the motion, then the support may be suspended, reduced or even temporarily modified.
But it’s extremely important to understand that the court cannot retroactively modify the orders beyond the date the request is filed. It’s not about when the change in circumstance occurred, but really when the RFO was filed and a notice was provided to the other side.
So waiting too long to act can actually leave the incarcerated parent with thousands of dollars in avoidable arrears. So legal tip, file the motion immediately upon incarceration to avoid accumulating that debt.
What Happens If You Do Not Request a Modification During Incarceration
Now what happens if you do nothing once you’re incarcerated? Well, if that parent fails to file for modification, the existing child support order, like I said, remains enforceable and unpaid payments become arrears.
Now these arrears continue to grow and are subject to a 10% annual interest in California. So once released, a parent may face aggressive collection actions including wage garnishments, tax refund interceptions, as well as a driver’s license suspension.
In some cases, the Department of Child Support Services can also suspend or revoke your passport until the entire indebtedness is paid in full.
Now, these debts can seriously impact the parent’s ability to reintegrate and support their child after release. Even while in custody, taking proactive steps such as communicating with the Department of Child Support Services and filing the proper forms can help mitigate long term consequences.
How an Attorney Can Help Protect Your Rights?
So how can an attorney help protect your rights? Well, legal help is essential both for the parent who is incarcerated and for the custodial parent who may be affected by a missed support payment.
For the Incarcerated Parent
If you are the paying parent, an attorney can assist you in filing the proper motions with the court, communicating with DCS, providing documentation of your incarceration and income change, as well as requesting a fair and timely modification of support.
For the Custodial Parent
If you are the custodial parent, an attorney can help you enforce existing child support orders, prevent inappropriate modifications, as well as request court oversight to ensure continued financial support.
So whether you’re facing jail time or your child’s other parent is incarcerated, legal guidance can protect your rights and your child’s best interests. So don’t wait. You need to take action early.
Summary of How to Modify Child Support While a Parent Is in Jail
In summary, we talked about how child support does not automatically stop when a parent goes to jail. Remember, incarcerated parents must file for a court approved modification to avoid long term debt and legal complications. And custodial parents have options to enforce child support even during incarceration.
Contact Us About Child Support If a Parent Is Incarcerated
So if you’ve got questions about your particular case or even situation and are in need of guidance, I welcome you to call our office and schedule a consultation. I would be more than happy to sit with you one on one to discuss your options and figure out the best solution for your situation.
And as I stated in the beginning of this video, if the contents you heard were helpful to you, please hit that like button and don’t forget to subscribe also, so you’re always informed of any new videos being posted.