In California, both parents are obligated to financially support their
children. However, the family courts cannot make child support orders
until a child support case has been opened in the court. Typically,
child support is addressed with the following types of court actions:
divorce, legal separation,
domestic violence restraining orders, and annulments.
If you are receiving child support and your child’s other parent
is convicted of a crime, he or she may be sent to jail or prison. If they
are convicted of a misdemeanor, they shouldn’t be behind bars for
more than a year. But, if they are convicted of a felony, they could be
in state prison for
years.Same with federal cases – they can involve lengthy sentences.
When the Paying Parent is Incarcerated
Suppose your ex has been paying child support for the three children you
had together, but he’s currently in custody on felony charges. Now
you’re wondering, “Can I still collect child support if he’s
sentenced to prison?” Here’s what you need to know:
- If your ex has assets or a source of income while he’s in prison,
it may be possible to collect child support.
- If your ex does not have any assets or sources of income while he’s
in prison, it may be impossible to collect child support while he’s
behind bars. Of course, everything changes once he’s released and
goes back to work.
If you are the paying parent who is facing the possibility of jail or prison,
there are a few things you need to know about child support:
- If you have assets or a source of income, you could still have to pay child
support while you’re incarcerated.
- If you can’t afford to pay child support while you’re behind
bars, you should modify the child support order. If you fail to get a
downward modification, the past-due child support plus interest will continue
to be charged and there is nothing you can do to reverse it. In this situation,
when you are released from jail or prison, you will be responsible for
the full amount of past-due child support.
Child Custody & Domestic Violence in California