Managing Your Child Support Payments

I am currently incarcerated. Do my child support payments automatically stop when I am in prison or jail?

It depends on the date when your most recent child support order was issued by the judge AND for how long you were incarcerated. For most people, though, the answer is NO—child support generally does NOT stop automatically while you’re incarcerated.

WILL MY CHILD SUPPORT PAYMENTS STOP AUTOMATICALLY WHILE I’M INCARCERATED?

NO, your payments WILL NOT stop automatically if your child support order was issued before July 1, 2011.

If your current child support order was issued before July 1, 2011, your child support payments will NOT stop automatically while you’re incarcerated.

You will continue to owe child support payments while you are incarcerated, unless you get the judge to change your child support order.

To stop your child support payments while you are incarcerated, you will need to ask the judge to reduce your payments to $0 because you do not have any income (unless you have an outside source of income to make your payments). See PG. 782 to learn how to do this.

YES, your payments SHOULD stop automatically if your child support order was issued on or after July 1, 2011, AND you arcerated for 90 days or more.

If your current child support order was issued on or after July 1, 2011 AND you are incarcerated for 90 days or more, your child support payments will be automatically paused (suspended) while you are incarcerated.[2554]

This means that you will not owe any child support during the time you are incarcerated, and you will not have to do anything to make this to happen. But your child support payments will automatically continue again after you are released.[2555]

This special law applies to child support orders issued (i.e., made and/or changed) on or after July 1, 2011, for parents who are incarcerated for 90 days or more.[2556] However, it may not apply if you are incarcerated for domestic violence, harassment, or for violating a previous child support order, OR if you have outside income and can afford to make payments while you’re incarcerated.[2557]

In summary: If your most recent child support order was issued by the judge (i.e., made or changed) on or after July 1, AND you are/were incarcerated for 90 days or more, your payments should automatically stop while you are incarcerated. If your child support order was NOT made on or after July 1, 2011, your payments will NOT automatically stop while you’re incarcerated (but you can ask the judge to reduce your payments to $0 while you’re incarcerated—see Appendix L, PG. 824.

  1. 2554

    Cal. Fam. Code § 4007.5(a)(1). The law applies to child support orders issued on or after July 1, 2011, and remains in effect until July 1, 2020. § 4007.5(g), (h). It is possible this law will be extended.

  2. 2555

    Cal. Fam. Code § 4007.5(a)(2).

  3. 2556

    Cal. Fam. Code § 4007.5(g), (i).

  4. 2557

    Cal. Fam. Code § 4007.5(a)(1), (d).

Will my child support payments automatically begin when I am released from prison or jail?

If your child support order was made or modified on or after July 1, 2011 then your child support will automatically resume once you are released from jail.[2558] 

If your child support order was made before July 1, 2011 then you should check the judge's order to see if there is an expiration on the modification. If not the order will stay at zero until the recipient of the child support decides to file for modification again.[2559]

  1. 2558

    Cal. Fam. Code § 4007.5(a)(1). The law applies to child support orders issued on or after July 1, 2015, and remains in effect until July 1, 2020. § 4007.5(g), (h).

  2. 2559

    Cal. Fam. Code § 4007.5(a)(2).

How do I make child support payments?

You can make payments by one of the following methods, depending on whether or not the Local Child Support Agency (LCSA) is involved:

    If the LCSA is involved (there is a formal arrangement for support payments between you and the other parent or caregiver:
    When you pay your child support, you are making these payments to the California State Disbursement Unit (SDU).[2560] Under federal law, the California SDU is required to process 100% of child support payments (which used to be processed by the LCSA itself, but no longer).[2561]
    Mail your payment (check or money order) to the California SDU at the following address:[2562]
    California SDU, P.O. Box 989067, West Sacramento, CA 95798-9067
    Call to make payments: 1-866-901-3212 (option 1)
    Pay online: https://www.childsup.ca.gov/payments/statedisbursementunit(sdu).aspx.
    Pay in person at certain LCSA offices or any MoneyGram location.
    To find an LCSA office that accepts payments, call 1-866-901-3212 or visit www.childsup.ca.gov/offices.
    To find a MoneyGram location, call 1-800-926-9400 or visit www.MoneyGram.com/Locations. Use Receive Code 14630 to make a California child support payment. (Note: MoneyGram will charge an additional fee for making your payment.)
    Note: You may need your child support Participant ID number and/or your social security number when you make a payment.
    If the LCSA is not involved in your case, you must make payments directly to the other parent (or caregiver)—unless you are told otherwise.

Helpful HintKeep Records of Your Payments!

IMPORTANT! Whether you are making your payments to the California SDU or directly to the other parent, it’s a good idea to always keep a record of every payment you make. You can keep a separate notebook where you write down the date and amount of each payment, or make notes on a calendar every time you make a payment (including the date and amount).

Helpful Hint I lost my job or went to jail and cannot afford my child support payments!

IMPORTANT! If you cannot pay or are falling behind on your child support payments because you lost your job, went to jail, or some other important changes have happened, it’s recommended that you immediately contact the LCSA and/or family court and ask to change your child support amount. Don’t wait! You are responsible for paying the full amount of child support until the LSCA or judge changes the child support order. For more information about changing your child support order, see Appendix L, PG. 824.

  1. 2560

    Telephone and online payments also require a debit card, credit card, or bank information. For both telephone and online payments, you can make a single (one-time) payment or set up an account to make ongoing payments.

  2. 2561

    Cal. Dep’t of Child Support Svcs., California State Dispursement Unit, https://www.childsup.ca.gov/payments/statedisbursementunit(sdu).aspx.

  3. 2562

    For payments by mail, send a check or money order to the following address. The check or money order should be payable to the “California State Disbursement Unit” and include your name and case identification number. Note: This address is only for regular child support payments: CA State Disbursement Unit (SDU), PO Box 989067, West Sacramento, CA 95798-9067.

What can i do if my money is being taken out of my salary for overdue child support payments?

If you are employed, a portion of your wages will be automatically taken out to pay your current and/or overdue child support (called a wage assignment or wage garnishment).[2563] This will happen even if you only owe current child support payments, without any overdue payments or interest. If your child support payments are being taken directly from your wages, you should not need to make other payments.[2564]

If you are not employed, or if your child support is not being taken from your wages, you must make child support payments directly.

  1. 2563

    Cal. Fam. Code §§ 17420 (earnings assignment order for current child support payments), 17522 (earnings withholding for delinquent child support); Cal. Rev. & T. Code § 19271(b)(1)(A) (delinquent child support); Cal. Code Civ. Proc. § 706.030 (delinquent child support).

  2. 2564

    The judge is required to make an earning assignment order (also called income withholding or wage garnishment) any time there is an order to pay child support. Cal. Fam. Code § 5230. If you want to make payments directly to the other parent (or caregiver) and NOT through wage assignment, you may be able to work out a different payment arrangement with him/her. If the LCSA is NOT involved in your case, you and the other parent (or caregiver) can agree to make child support payments in some other way, and can ask the judge to “stay” (put on hold) the wage assignment. In this situation, both parents (or caregiver) work out how child support will be paid and handle it between them. If the LCSA is involved in your case, the LCSA will have to agree to have the wage assignment put on hold. This may be difficult, however, because LCSAs usually prefer you to make child support payments through a wage assignment with your employer, and want all child support payments to go through the state payment system (called the State Disbursement Unit), NOT to the other parent directly. Judicial Council of Cal., Paying a Child Support Order, http://www.courts.ca.gov/1197.htm.

Can I change or adjust the amount of child support I owe? …While I am incarcerated? …After my release?

IMPORTANT: The process for changing or lowering your CURRENT and FUTURE child support payments is different than the process for changing your PAST, OVERDUE child support debt. This question will explain how to change your current child support payments. To learn about changing your past, overdue child support debt, see PG. 785778.

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First the bad news: In general, you CANNOT go back and change the amount of past, overdue child support payments and interest that you owe. (The only exception is for child support orders issued on or after July 1, 2011, or if you agree to settle your past debts owed the other parent or the state—see PG. 778 to learn more).[2565]

But you CAN ask the judge to change the amount of child support that you have to pay in the future, starting from the date when you file your court papers. You CAN also ask the judge to set up a monthly payment plan so you can repay what you owe in installments.[2566]

To ask for a change in your child support payments while incarcerated, fill out the “Incarcerated Parent’s Request to Review Child Support” form and send it to your local child support agency (LCSA).[2567] You can ask the prison or jail for a copy of this form, or for a sample form. If the form is not available, you should contact the LCSA immediately by phone or letter, and explain that you are incarcerated and need to change your child support payments.[2568]

See Appendix A, PG. 797, to find contact information for a list of LCSAs by county in California.

IMPORTANT: In general, the judge can only change the amount of child support you owe for future payments (starting from the day you file papers asking for the change). The judge cannot reduce the amount of past child support that you owe. Therefore, you should contact the LCSA and/or file your court papers as soon as you are incarcerated, if possible, to request a change in your payments.

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If you are served with new child support papers while in prison or jail, you should contact the LCSA listed on the paperwork right away. It is best to contact the LCSA in writing, by filling out and sending back the blank Response form that you receive with the court papers.[2569] You only have 30 days (starting from the day you receive the papers) to respond to the LCSA and/or the court.[2570] You must notify the LCSA again once you are released.[2571]

To change the amount of your current and future child support payments, you must ask the judge or LCSA (if involved in your case) to change your child support order.

See the chart on the next page as a guide for how to request a change to current and future child support payments.

USE THE FOLLOWING CHART AS A GUIDE IF YOU WANT TO REQUEST A CHANGE IN YOUR CURRENT AND FUTURE CHILD SUPPORT PAYMENTS.

REQUESTING A CHANGE IN YOUR CURRENT & FUTURE CHILD SUPPORT PAYMENTS

YOU WANT TO REQUEST A CHANGE FROM

The Court (the Judge)

The Local Child Support Agency (LCSA)

What should I do?

File a Request for Order of Child Support Modification (FL-300) AND Income & Expense Declaration (FL-150) or Financial Statement (FL-155) in family court. See Appendix L on PG. 824 for sample court forms.[2572]

Contact your LCSA and tell them you want a “review and adjustment” of your child support order.

What are the steps I need to follow?

To request a change in court, you must:

Fill out the FL-300 AND FL-150 or FL-155 (see box above), and get other documents to show your income (see last bullet);

File your court forms and other documents with the family court clerk;

Serve copies of all your papers on the other parent (and LCSA, if involved in your case); and

Have a court hearing to decide how much child support you must pay (see box below).

IMPORTANT: You will need to show the judge that your circumstances have changed and you cannot afford your current child support payments—for example, because you were incarcerated, lost your job, have other expenses, or for some other reason. Along with your court forms, you should include any pay stubs or proof of income and your latest federal and state tax returns—these will show the judge how much money you make and how much you can afford to pay in child support. Ask the Family Law Facilitator for help getting all of your papers together.[2573]

To request a change from the LCSA:

Contact your LCSA and tell them you want a “review and adjustment” of the child support order.

What happens next?

After you file your court forms and other documents, you will have a hearing. At the hearing, the judge can change your child support payments starting from the date you first filed your court papers.

For more information on asking the judge to change your child support payments, visit http://www.courts.ca.gov/1196.htm.

The LCSA will conduct a review and they may potentially reduce your child support payment amount.

IMPORTANT: It can take up to 6 months for the LCSA to change your payments, and your child support obligations will continue to increase during this time—so don’t stop making payments while you’re waiting!

HELPFUL HINTSWhat can I do if . . .?

    If your driver’s license has been suspended due to unpaid child support… First, contact the LCSA to see if they can help make arrangements to have your license released. If you cannot pay the amount required by the LCSA, you can ask the judge to reinstate (give back) your license by filing a Notice of Motion for Judicial Review of License Denial (Form FL-670) with the family court that issued your child support order (see Appendix L on PG. 824, for sample form).[2574] If there is a levy on your bank account… Contact the LCSA or call 1-866-901-3212 for any questions.If your passport has a hold on it… Federal law requires that anyone who owes more than $2,500 in overdue child support cannot get a passport.[2575] In California, you must pay off ALL of your overdue child support or have your child support case closed in order to get your passport released. Contact your LCSA for questions or assistance.[2576]
  1. 2565

    California Courts, Child Support. http://www.courts.ca.gov/selfhelp-support.htm

  2. 2566

    California Courts, Falling behind in Child Support. http://www.courts.ca.gov/selfhelp-support.htm

  3. 2567

    The form is also available online at http://acreentry.org/wp-content/uploads/2011/10/Child-Support-application-english-and-spanish.pdf.

  4. 2568

    Child Support Dirs. Assoc., Child Support Information for the Incarcerated Parent, https://csdaca.org/wp-content/uploads/resources/1/Outreach%20and%20Education/Fact%20Sheets/incarcerated%
    20parent.pdf
    ; Cal. Dep’t of Child Support Svcs., Pub. 248: Child Support Information for the Parent in Jail or Prison (Nov. 2012). If the LCSA does not respond, you must file court papers and request a hearing to change your support order. Judicial Council of Cal., The Basics of Child Support for Incarcerated Parents (Nov. 2011), http://www.courts.ca.gov/documents/incarceratedguide.pdf.

  5. 2569

    When you receive your court papers, they should include a blank Response form for you to complete and send back. This form may be called Form FL-685 (if the LCSA has started a child support case for your child), or Form FL-270 or Form FL-320 (if the other parent or caregiver is asking you to pay child support). You will also need to complete forms with your income and financial information. If the LCSA has asked the judge to establish paternity (i.e., find that you are the child’s parent), you will need to return Form FL-610.

  6. 2570

    Cal. Dep’t of Child Support Svcs., Pub. 248: Child Support Information for the Parent in Jail or Prison (Nov. 2012). If you don’t think that you’re the child’s parent, you can have a parentage (paternity) test done while you’re in prison or jail.

  7. 2571

    Cal. Dep’t of Child Support Svcs., Pub. 248: Child Support Information for the Parent in Jail or Prison (Nov. 2012).

  8. 2572

    These forms are also available online at: FL-300—http://www.courts.ca.gov/documents/fl300.pdf; FL-150—http://www.courts.ca.gov/documents/fl150.pdf.FL-155—http://www.courts.ca.gov/documents/fl155.pdf.

  9. 2573

    Judicial Council of Cal., The Basics of Child Support for Incarcerated Parents (Nov. 2011), http://www.courts.ca.gov/documents/incarceratedguide.pdf; Judicial Council of Cal., Changing a Child Support Order, http://www.courts.ca.gov/1196.htm.

  10. 2574

    The form is available online at http://www.courts.ca.gov/documents/fl670.pdf. The judge will make the final decision about whether to give back your license. Judicial Council of Cal., Child Support FAQs, http://www.courts.ca.gov/1200.htm.

  11. 2575

    22 C.F.R. § 51.60(a).

  12. 2576

    Cal. Fam. Code § 3048(f).

I am formerly incarcerated and owe money for past, overdue child support payments (“arrears”). How can I change these arrears?

It depends on the date when your most recent child support order was issued by the judge AND for how long you were incarcerated.

POSSIBILITY #1: If your current child support order was issued on or after July 1, 2011 AND you were incarcerated for 90 days or more:

Your payments should have automatically stopped while you are incarcerated (see Appendix L, PG. 824, for more information about automatically stopping your child support payments while incarcerated). After you are released, if you discover that your child support payments were not automatically stopped—i.e., if you find that you owe child support from while you were incarcerated—you can ask the judge to “adjust” your child support arrears (i.e., reduce your debt to $0) for the time you were incarcerated.

To do this, fill out the Request for Judicial Determination of Support Arrearages or Adjustment of Arrearages Due to Incarceration or Involuntary Institutionalization (Form FL-676, available online at http://www.courts.ca.gov/documents/fl676.pdf or in Appendix L, PG. 824), and file it with the family court where your child support order is from. You will need to prove: (1) the dates when you were incarcerated, and (2) that you could not afford to pay child support while you were incarcerated (i.e., that you had no income or other money during that time.) However, if you were incarcerated for a domestic violence or harassment offense, or for violating a previous child support order, OR if you had outside income or assets and could afford to make child support payments while you were incarcerated, the judge may refuse to reduce your debt.[2577] BUT remember—this ONLY applies if your child support order was on or after July 1, 2011 AND you are incarcerated for 90 days or more.

POSSIBILITY #2: If your current child support order was NOT issued on or after July 1, 2011, or you were incarcerated for less than 90 days:

Your payments do NOT stop during your incarceration, so you will continue to owe child support payments for this time (unless you asked the LCSA or judge to change your payments while incarcerated—see the next question for more information about how to do this). Unfortunately, the judge cannot go back and change your overdue payments in this case, but you can ask the LCSA or other parent to forgive some of your overdue payments (see next question), and you can ask the judge to change your current child support payments going forward.

  1. 2577

    Cal. Fam. Code § 4007.5.

Can I get rid of my past, overdue child support debt?

It depends, but probably not entirely.

IMPORTANT: The process for changing or lowering your PAST, OVERDUE child support debt (“arrears”) is different than the process for changing your CURRENT child support payment amount. This question will explain how to change your past, overdue child support debt. To learn about changing your current child support payments, see PG. 782.

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This question will explain how to change your past, overdue child support debt.

First, figure out whether you owe overdue child support payments to the other parent (or caregiver) or to the state.

To find out, you can contact the LCSA and ask for a breakdown (detailed list) of your arrears. This will show how much you owe to the other parent and/or to the state. The chart below can also help you figure out whom you owe child support to—but it’s always best to get a breakdown from the LCSA to be sure!

Once you know whom you owe money to, use the following chart to figure out your next steps:

CHANGING OR LOWERING YOUR PAST, OVERDUE CHILD SUPPORT DEBT (ARREARS)

TO WHOM DO YOU OWE CHILD SUPPORT MONEY?

I OWE CHILD SUPPORT TO THE STATE (CALIFORNIA)

I OWE CHILD SUPPORT TO THE OTHER PARENT (OR CAREGIVER)

How do I know whom I owe?

If the other parent (or caregiver) is receiving public benefits for your child, or if CPS has taken your child, you owe child support to the State of California.[2578]

If your child support order was part of a divorce or family law case, you will probably owe child support directly to the other parent.

What should I do?

Apply for the Compromise of Arrears Program (COAP) (see PG. 722 for more information).[2579] If you qualify, the COAP program will reduce (but not completely eliminate) the amount of child support debt that you owe to the State, so you will not have to pay as much.[2580]

Try to work out an agreement (called a “settlement”) with the other parent (or caregiver). You may be able to work out an agreement to forgive some or all of the overdue child support, in exchange for your paying off the remaining amount right away.

For example, you could offer to make—and the other parent (or caregiver) could agree to accept—a single lump sum payment all at once, rather than making many smaller payments over time and having the debt drag out.

Important Information to Know:

If you miss any of your current child support or COAP payments, your COAP agreement will be cancelled AND you will owe all the debt that was previously reduced. You may not receive a refund for any of the COAP payments that you’ve already made, and you will be unable to reapply to the COAP program for 2 years.[2581]

If you reach an agreement with the other parent, you should make sure to put it in writing for the LCSA and the judge.[2582]

  1. 2578

    Electronic communication from Brittany Stringfellow Otey, Assistant Professor of Law / Directing Attorney, Pepperdine Legal Aid Clinic, Jan. 21, 2015 (1:22 PM).

  2. 2579

    Cal. Fam. Code § 17560.

  3. 2580

    This is child support debt you owe if your child received public assistance (welfare) or was in foster care at the time payments were due. The COAP program will NOT reduce child support debt you owe to the other parent. Cal. Fam. Code § 17560(d).

  4. 2581

    Cal. Dep’t of Child Support Svcs., Compromise of Arrears Program (COAP) ( Nov. 13, 2014), http://www.childsup.ca.gov/payments/compromiseofarrearsprogram.aspx.

  5. 2582

    Electronic communication from Brittany Stringfellow Otey, Assistant Professor of Law / Directing Attorney, Pepperdine Legal Aid Clinic, Jan. 16, 2015.

Can I discharge my child support arrears by filing for bankruptcy?

No. Filing for bankruptcy will not cancel debt related to child support.[2583] There is unfortunately no legal procedure that completely discharges child support debt. While you may be able to reduce any child support arrears you owe to the state (see chart above), you will continue to owe some amount of child support until it is paid off.

  1. 2583

    Judicial Branch of California, Child Support FAQs, available at http://www.courts.ca.gov/1200.htm.

I receive public benefits. Can a portion of my public benefits be taken to pay for child support?

Yes. If you owe any child support payments (current and/or past, overdue payments), a portion of your public benefits payments can be automatically taken out to pay off your child support obligations. Your child support payments can be taken out of any benefits you receive except for General Assistance/General Relief (GA/GR) and SSI.[2584] That means your payments can be taken out of your unemployment, disability, workers compensation, veteran’s benefits, or any other benefits you earn.

However, if you are already receiving public assistance, the judge may decide that your income is too low to owe current child support payments.[2585] BUT—this only applies to current payments. Even if the judge decides that your income is too low for current payments, you will still owe any past, overdue child support payments that were due in the past. You should ask the judge for a payment plan that lets you to make small payments over time.[2586] Remember: The only way you can avoid paying past, overdue child support payments is (1) if your child support order was issued on or after July 1, 2011, and the payments were due while you were incarcerated for 90 days or more; OR (2) if you get a settlement agreement with the COAP program or other parent.

For more information on paying child support, you can talk to the court Family Law Facilitator, contact the LCSA, or visit the California Courts’ website on Paying a Child Support Order at http://www.courts.ca.gov/1197.htm.

  1. 2584

    Electronic communication from Brittany Stringfellow Otey, Assistant Professor of Law / Directing Attorney, Pepperdine Legal Aid Clinic, Jan. 21, 2015 (1:25 PM).

  2. 2585

    You will still have to follow all the steps discussed above for responding to a child support request and/or changing a child support order, so that the judge can determine your income and child support obligations.

  3. 2586

    Electronic communication from Brittany Stringfellow Otey, Assistant Professor of Law / Directing Attorney, Pepperdine Legal Aid Clinic, Jan. 21, 2015 (1:25 PM).