Guide to child support for incarcerated parents
This guide includes information about
- Child support when the parent who pays is incarcerated or confined
- How a parent that is or has been incarcerated or confined can ask to change child support
- What a parent can do if they've served court papers that ask for child support while incarcerated or confined
Confined means incarcerated or in a mental health facility against your will.
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Child support when a parent is confined
Generally, a parent doesn't owe child support for the time they're confined if it's longer than 90 days
Starting September 27, 2022, under California law, child support automatically stops if the parent who has to pay is confined against their will for more than 90 days in a row in jail, prison, juvenile detention, a mental health facility, or other institution.
This means the parent does not owe support for the time they were confined.
If a child support order was entered or changed (modified) between October 8, 2015 and December 31, 2019, or January 1, 2021 and September 26, 2022, and the parent was confined for more than 90 days in a row during the same time frame, they also qualify for relief.
There are some exceptions. Child support would not automatically stop if the parent had money available to pay child support. It also would not stop if the parent was in jail or prison for not paying child support or for domestic violence against the other parent or their child.
For more help, contact or write a letter to the Family Law Facilitator or Self-Help Center in your county court. They offer free information about child support. You can also read more in Family Code section 4007.5.
There is one exception. Child support does not automatically stop if the parent who has to pay has money available to pay child support.
How to update a child support order if you were confined
If you were confined, you need to make sure the court or the LCSA knows so you can receive credit. A judge can make a new order that says you don't owe support for that time.
How you get credit is different if the local child support agency (LCSA) is involved in your case. The LCSA will be part of the case if either:
- One of the parents is getting money from the government for their children
- One of the parents asks for help from the LCSA
One way to tell if the LCSA is involved in the case is if the County is listed as one of the parties. For example, County of San Diego v. John Doe. If you aren’t sure if the LCSA is involved, find a local LCSA office or call the Child Support Customer Connect line to find out: 866-901-3212.
Get instructions to update your order:
If the LCSA is part of your case
If the LCSA is not part of your case
Child support restarts after you're released
Child support restarts after you're released, at the old amount, on the first day of the 10th month after you are released. If the person who owes child support gets a job before the child support order is scheduled to automatically restart, the person who is owed child support can ask the court to restart the child support before the 10th month.
If you need to change the order after you are released, you can ask the court to change your support order. The next section has instructions on how to ask to change support.
For more help, contact or write a letter to the Family Law Facilitator or Self-Help Center in your county court. They offer free information about child support. You can also read more in Family Code section 4007.5.
How to ask to change child support
If you owe support while confined or after you're released, you can ask to have the amount changed
For example, if you're confined for less than 90 days and lose your job, you can ask the court to change the amount of support owed. You can do this while confined, or after you're released.
If you need to change a support order, don’t wait. A judge can only change the support amount as far back as the day you filed papers asking for a change. The judge can’t make any changes to the amount before that day.
File papers to ask the court to change child support
When you ask to change your child support order, you need to provide proof of your income and anything else that will help the judge make a decision about support. Include proof of your incarceration or confinement in your request.
How you ask to change a child support order is different if the local child support agency (LCSA) is involved in the case.
The LCSA will be part of the case if either:
- One of the parents is getting money from the government for your children
- One of the parents asks for help from the LCSA
One way to tell if the LCSA is involved in the case is if the County is listed as one of the parties. For example, County of San Diego v. John Doe. If you aren’t sure if the LCSA is involved, find a local LCSA office or call the Child Support Customer Connect line to find out: 866-901-3212.
Get step-by-step instructions to ask to change support:
If the LCSA is part of your case
Is the LCSA is not part of your case
If served court papers asking for child support
If you want to have any input, file a response by a deadline
If you're served court papers asking for something, like a divorce, child custody, or child support, you must file a response by the deadline listed in the papers if you disagree with the request. If you don't, a judge may make a decision without your input.
| If you received . . . | What you can file to respond | Get step-by-step instructions to |
|---|---|---|
| Petition for Dissolution (form FL-100) | Response - Marriage/Domestic Partnership (form FL-120) | Respond to divorce Petition |
| Petition to Determine a Parental Relationship (form FL-200) | Response to Petition to Determine a Parental Relationship (form FL-220) | Respond to parentage Petition |
| Petition for Custody and Support of Minor Child (form FL-260) | Response to Petition for Custody and Support of Minor Child (form FL-270) | Respond to Petition for Custody and Support |
| Request for Order (form FL-300) | Responsive Declaration to Request for Order (form FL-320) | Respond to Request for Order |
| Summons and Complaint Regarding Child Support Obligations (form FL-600) | Answer to Summons and Complaint Regarding Child Support Obligations (form FL-610) | Respond to Summons and Complaint |
If the other party (generally your child's other parent or the LCSA), is asking for financial orders, like child support, you must also file a Form FL-150 or Form FL-155.
After you fill out the response form, follow the step-by-step instructions above for instructions on how to file and serve your court papers.
Free help
For more help, contact or write a letter to the Family Law Facilitator or Self-Help Center in your county court. They offer free information about child support. You can also read more in Family Code section 4007.5.