Child support: suspension.
The bill modifies existing law by specifying that child support obligations should be considered suspended on the first day of incarceration or institutionalization. The suspension of payment resumes on the 90th day following the release of the individual, upon their commencement of employment, or the first month they start receiving income, effectively protecting the financial interests of both the custodial parent and the child. This provides a clear timeline and process for the suspension and resumption of payments, which is expected to enhance compliance and reduce conflicts arising from child support obligations during periods of incapacitation.
Assembly Bill 1091, authored by Assembly Member Jones-Sawyer, focuses on child support obligations for individuals who are either incarcerated or involuntarily institutionalized. The bill amends Section 4007.5 of the Family Code, which until now has provided temporary suspension of child support orders. It seeks to remove the current sunset clause, allowing these provisions to remain effective indefinitely. The main goal is to simplify and clarify the process of suspending child support payments during significant incapacitation periods which have been defined as over 90 consecutive days of incarceration or institutionalization.
The sentiment around AB 1091 generally appears to be positive, particularly among those advocating for fair treatment of parents who are temporarily unable to fulfill their support obligations due to circumstances beyond their control. However, some concerns have been raised regarding the potential of the legislation to impact custodial parents negatively if the child support payments are suspended during critical financial periods. Balancing the rights and responsibilities of both parents while ensuring children's needs remain a primary focus has become a focal point in the discussions surrounding the bill.
Noteworthy points of contention highlight the bill's provisions for individuals incarcerated for specific offenses, which may prevent them from benefitting from automatic suspension during incarceration. Such exceptions include those jailed for domestic violence against the child or custodial parent. This aspect has opened ongoing debates around fairness and the implications of allowing child support obligations to remain intact in cases where the responsible parent has harmed the supported party. Therefore, while the bill aims to create a more just framework, it raises critical questions regarding the scope of its protections.