Legal Question in Family Law in California
Child Support No Fault Law
I am looking for a No Fault Law in Child Support basically saying that a person that is in prison is not obligated to pay or accummulate child support during the time of incarceration. It is called the No Fault Law can you please help. Or if you can find something close to that to give a place to start looking.
1 Answer from Attorneys
Re: Child Support No Fault Law
In California no fault refers to the grounds for dissolving the marriage. It does not refer to child support. Child support is based on ability to pay. Normally when one is in prison the ability to pay is 0. The court cannot retractively modify child support, either up or down. Once a payment for child support is due and payable the court cannot modify it.
If there is a child support order in place this parson should immediately file a motion to reduce child support. Otherwise it will continue to accrue until the child no longer qualifies for child support.
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