The Department of Child Support Services has issued statewide policy instructions regarding suspension of child support orders for incarcerated obligors. This policy implements revisions to Family Code 4007.5 in AB 610 (2015).
Child support obligations are suspended when a qualifying order is issued or modified after October 8, 2015 and the obligor has been incarcerated or involuntarily institutionalized for more than 90 consecutive days after the order was issued or modified. The suspension applies to payments on a current order and arrears payments.
Exceptions to child support obligation suspension are when the obligor has the means to pay while incarcerated or involuntarily institutionalized, the incarceration or involuntary institutionalization is for domestic violence, or the incarceration or involuntary institutionalization is for failure to comply with a child support order.
Local Child Support Agencies (LCSA) can administratively adjust orders at any time after the initial 90 days of incarceration or involuntary institutionalization provided that the LCSA sends notice of the intended adjustment to both the obligor and obligee and neither party has objected within 30 days of receipt of the notice. If either party objects, the LCSA must file a motion in court. The child support order suspends effective the first day of the first full month following incarceration or involuntary institutionalization.
If there is no evidence of ability to pay when the obligor is incarcerated or involuntarily institutionalized, the LCSA can ask the court to establish a $0 order when the order is initially established or when the LCSA determines based on its review of the case that the order should be modified.
These policies do not apply to orders established or modified prior to October 8, 2015. (CSSP Letter 17-03, October 10, 2017.)