Legal Question in Family Law in California
Has California Family Law changed wherein an incarcerated parent with a court order to pay c/s does not have to obtain a modification? And if, yes, was the law retroactive. Where would I go within the code to find a cite?
Asked on 11/22/10, 8:10 am
1 Answer from Attorneys
There is no such law. Child support is owed and continues to acrue arrearages and interest until you file a motion to modify support. Being incarcerated is good grounds to modify, but until the court orders it, the old support amount must be paid.
Answered on 11/27/10, 12:18 pm
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