Morgan Tidalgo Sukhodrev & Azzolino LLP
Call today to schedule an appointment
408-244-4570
Focused On Maintaining The Highest Level
Of Professionalism & Integrity
Staying In The Foreground Of Changing Laws

Obama's child support rule still stands

When California noncustodial parents do not make child support payments, they can face enforcement measures that may include incarceration. However, many want to stay up-to-date on their child support payments, but they cannot afford to. If a noncustodial parent is incarcerated, they may continue to accrue debt while they are in jail.

Right before he left office, President Obama issued a regulation to prevent noncustodial parents from getting trapped in a cycle of incarceration simply because they are poor. The new rule went into effect on Jan. 19 and so far President Trump has not given any indication that he will repeal it. The child support rule was not among the many last-minute Obama regulations that were placed under review when Trump took office.

The new child support rule ensures that parents will not be considered to be voluntarily unemployed while they are incarcerated. Courts will also have to conduct a thorough assessment of a noncustodial parent's ability to pay child support before a child support order is issued. According to a federal study on child support, 70 percent of parents that miss child support payments earn under $10,000 per year. Most of these low-income parents have been ordered to make child support payments that equal 83 percent of their income.

If a family court judge does not have all of the relevant information about both parents' incomes and expenses, the child support order that is issued may not be appropriate. An attorney may be able to represent a parent during child support hearings and help to ensure that the judge understands what the parent's income and monthly expenses are. Parents who become unable to meet their obligations due to an unexpected financial downturn may want to have an attorney's support as well when seeking a modification of the order.

No Comments

Leave a comment
Comment Information
Email us for a response

Request For A Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy