Are Child Support Orders Ever Suspended?

In nearly every case, parents must continue to make payments as specified by the child support order, regardless of changes in circumstances. Until the court officially modifies the order, parents must continue to pay even if the child moves out of the custodial home or refuses to see the noncustodial parent. Typically, the only time at which a support order can be temporarily suspended is when the payor parent is incarcerated or institutionalized against his or her will for more than 90 days.

If this situation occurs, the support payments are suspended after the 90 consecutive days of incarceration or institutionalization, and they are resumed as soon as the parent is released. However, the suspension of payments will not occur if any of the following conditions are met: The parent is jailed or institutionalized because of domestic violence, the parent is jailed because of failure to pay child support, or the parent retains the financial ability to pay, despite the change in circumstance.

The family law attorneys at Singer & Associates understand that it can sometimes seem like the law is stacked against fathers. We’d like to help. Call our office in Sacramento, CA at (916) 922-5985 to discuss your child support order.

The information presented in this article should not be construed to be formal legal advice by Singer & Associate Law Office, or the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

Categories: Child Support

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