Section 166.5 of the California Penal Code details the suspension of child and spousal support proceedings. It gives you breathing space during incarceration so that you don’t have to make any payments until your release.
Also, if you are serving time for a crime and your ex-spouse files for child or spousal support, the court will not enforce this debt while you are in jail or prison.
Definition of California Penal Code Section 166.5
California Penal Code 166.5 gives people a second chance to honor their child support obligations since incarcerated individuals cannot earn money to pay. A California court can suspend your support obligations while you spend time in prison if you do these things:
- Appearing in court
- Acknowledge your child or spousal support obligations
- Provide a bond
However, once released, you must be up to date with payments, or you will be ordered to attend a “show cause” hearing. As defined under the California Rules of Court 4.574, a show cause hearing is where a judge can modify the order and give you a new bond or even send you to jail.
For a free legal consultation with a suspension of child and spousal support proceedings lawyer serving California, call (310) 896-2723
Definition of Child Support
Child support is the amount of money that a court can order to pay for the expenses of raising a child. It can be paid by only one parent or even both if none of them have custody.
A judge usually has to define the amount to pay. Although, in California, they all follow statewide guidelines for family law.
Child support guidelines and laws are pretty straightforward. But in the courtrooms, they tend to be sensitive and highly emotional matters that often involve divorce or paternity issues. PC 166.5 allows you to keep honoring your child support commitment, even if you spend time in jail.
California Suspension of Child and Spousal Support Proceedings Lawyer Near Me (310) 896-2723
Definition of Spousal Support
Spousal support is also known as alimony and is the payment a court can order from one spouse to the other after divorce. Regularly is the spouse with the wealthiest income who pays alimony to the other.
If you are sentenced to jail, California penal code section 166.5 also helps you deal with your obligations.
Click to contact our Understanding California’s Penal Code today
Violating a Court Order
CP 166.5 gives you a choice, so you don’t violate a court order, which can have severe consequences. Violating a court order can carry sentences from six months to one year in prison and fines up to $1,000
Complete a Free Case Evaluation form now
Frequently Asked Questions About PC 166.5
Legal language and statutes can sometimes be challenging to understand. Our family law and criminal defense lawyers can help you understand more about PC 166.5 with this brief FAQ.
- Do I Need to Keep Paying Child Support While in Jail?
- How Can I Suspend My Child Support if I Am Going to Jail?
- What Happens if You Stop Paying Child Support After Being Released?
- What Are the Consequences of Failing to Pay Child Support in California?
Do I Need to Keep Paying Child Support While in Jail?
Short answer: No.
Although your child or spousal support commitment remains, California Penal Code Section 166.5: Suspension of Child and Spousal Support Proceedings allows you to stay “clean” on that matter while you remain in jail. Once you are out, you need to keep up with the payments again.
How Can I Suspend My Child Support if I Am Going to Jail?
The court will suspend your child support obligations while you serve your time if you:
- Appear in court about this matter
- Acknowledge your child or spousal support obligations
- Provide a bond
What Happens if You Stop Paying Child Support After Being Released?
If you don’t keep up to date with your payments, you will be ordered to attend a “show cause” hearing, where you will be able to explain the reasons. After that, a judge can decide anything from modifying the order and giving you a new bond to sending you to jail.
What Are the Consequences of Failing to Pay Child Support in California?
Child support is a court order, so failing to make the payments is considered a violation of a court order. Sentences for violating a court order can go from six months to one year in prison and fines up to $1,000
Serving Time and Child Support
If you are convicted of a crime but want to keep up to date with your child support obligations, we understand. Contact an experienced attorney that can help you file a suspension of child and spousal support proceedings. The sooner the better.
At Simmrin Law Group, there is always someone ready to hear you.
Call or text (310) 896-2723 or complete a Free Case Evaluation form