Update a child support order because you were confined
If the local child support agency (LCSA) is part of your case, you can ask them to update your child support order so it says you don't owe support for the time you were incarcerated or confined.
Before you start
Check if you qualify
If you haven't already, find out about when you don't owe child support if you are incarcerated or confined. In general, it's for if you're in jail, prison, or a mental health facility for more than 90 days.
For more help, talk 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 the LCSA to update your support order
-
Get proof of your confinement
You will need to prove to the local child support agency (LCSA) that you were confined against your will for longer than 90 days. For example, you can:
- Ask your parole officer for proof
- Request a copy of your criminal records from the Department of Justice of California
- Get proof from the mental health facility
-
Contact LCSA
Visit or call the LCSA and ask to speak to your case worker. Tell them you were confined against your will for longer than 90 days. Ask them to adjust your account balance for the months you were confined.
-
Ask the court to adjust your back support, if needed
If the LCSA doesn’t give you proper credit for the months you were confined against your will or if the other parent objects, you can ask the court to adjust the amount of past-due support you owe (back support or arrears).
- Fill out a Request for Determination of Support Arrears (form FL-676)
- Make 3 sets of copies (including your proof of confinement)
- File your request with the court
- Have someone serve your request on the LCSA and the other party
- Go to your court hearing
You can get more detailed information in: Information Sheet: Request for Determination of Arrears (form FL-676-INFO).