BILL NUMBER: SB 1355 INTRODUCED BILL TEXT INTRODUCED BY Senator Wright FEBRUARY 19, 2010 An act to add Section 4007.5 to the Family Code, relating to child support. LEGISLATIVE COUNSEL'S DIGEST SB 1355, as introduced, Wright. Child support: suspension of support order. Existing law provides that if a court orders a person to make payments for child support until the occurrence of a specified event, the obligation of the person ordered to pay support terminates on the happening of the contingency. This bill would provide that the obligation of a person ordered to pay child support is suspended for the period of time in which the person ordered to pay support is incarcerated or institutionalized, with a specified exception. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4007.5 is added to the Family Code, to read: 4007.5. (a) Every money judgment or order for support of a child shall provide that the obligation of the person ordered to pay support shall be suspended for any period exceeding 30 consecutive days in which the person ordered to pay support is incarcerated or institutionalized. (b) Notwithstanding subdivision (a), the court may continue the obligation of the person ordered to pay support of a child during a period in which the person ordered to pay support is incarcerated or institutionalized upon the request of the person to whom the support payments are to be made, and upon a finding that the obligor has the means to pay support while incarcerated or institutionalized. (c) For purposes of this section, "incarcerated or institutionalized" includes, but is not limited to, involuntary confinement to a state prison, county jail, juvenile facility operated by the Division of Juvenile Facilities in the Department of Corrections and Rehabilitation, or a mental health facility.