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When facing criminal charges in California, the financial obligations of a convicted individual do not simply vanish. Convicted offenders still carry responsibilities such as leases, mortgages, credit card debts, and auto loans. A critical question arises for many: What happens to child support during incarceration?
In the state of California, especially in Oakland, we often hear from clients with concerns along the lines of: “Will my child support obligations cease when I am incarcerated?”
Understanding Child Support Obligations During Incarceration
In California, it is crucial for noncustodial parents to understand that incarceration is viewed similarly to unemployment by the state. Just as being unemployed does not excuse one from fulfilling their child support duties, neither does being incarcerated. Child support payments do not automatically stop accruing when the paying parent is in jail or prison.
Why Child Support Continues
Even if you are convicted of a crime and sentenced to incarceration, you maintain your financial obligations for child support until a family court issues a change to your support order. Failing to make payments during your time in jail does not exempt you from owing your regular monthly obligation. In fact, arrears will begin to accumulate interest at a rate of 10% until a modification order is granted.
Steps to Take if Incarcerated
If you anticipate incarceration, it is vital to act quickly. You can file a motion with the family court that issued your original child support order, requesting a change to your support amount.
The Importance of Filing Court Papers
Remember, the family court cannot make changes to your child support obligation until you file the necessary paperwork to request a downward modification. If the court approves your request, the earliest modification date will be when you filed the legal documents.
An Overview of Child Support Modifications
When it comes to modifying your child support payments during incarceration, understanding the process is essential.
Documenting Your Incarceration
Ensure your court papers clearly document your incarceration status and provide details on your inability to pay. This information is pivotal in demonstrating your need for a modification.
Seek Legal Assistance
Contacting a skilled attorney specializing in family law or criminal defense can greatly enhance your chances of successfully modifying your child support obligation.
Potential Outcomes After Filing for Modification
After filing your court papers for child support modification, there are several possible outcomes you may face:
Approval of Modification Request
If the court approves your modification request, it will officially reduce the child support amount you owe during your incarceration.
No Change in Child Support Obligation
In some cases, the court may determine that your child support payments must remain unchanged, requiring you to continue fulfilling your existing obligations during your time served.
Future Payment Obligations
If a modification is granted, remember that once you are released from incarceration, a new child support assessment may take place. It’s vital to stay informed about your potential obligations once you reintegrate.
Consult with the Law Offices of Nabiel C. Ahmed
If you find yourself facing the challenges of incarceration while maintaining child support payments, don’t hesitate to reach out. The Law Offices of Nabiel C. Ahmed, located in Oakland, California, is here to provide guidance and legal representation tailored to your situation. Our experienced team is committed to supporting clients in navigating these complex issues.
Call us at 510-576-5544 today for a case evaluation with a dedicated legal professional who will advocate for your rights.
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