Legal Question in Family Law in California
Child support payments when minor is in custody
Is the non custodial parent required to pay child support to the custodial parent when that child is in custody for committing a crime? The county bills both parents equally for care, support and public defenders charges.
1 Answer from Attorneys
Re: Child support payments when minor is in custody
To my knowledge, there is no automatic termination of child support while the child is in custody. Thus, unless you make a motion to the court to modify or eliminate support while the child is in custody, the support obligation will continue.
The custodial parent would have a good argument that the support obligation should continue, because the custodial parent has to continue to provide a residence for the child so he/she will have a place to return to when he/she is out of custody.
How the court would rule would depend also on how long the cusdoty will be. If for a month or less, it probably wouldn't be worthwhile to bring the motion. If it will be several years, then there would be a good chance of getting the support substantially reduced.
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