(a) Every money judgment or order for support of a child shall be suspended, by operation of law, for any period exceeding 90 consecutive days in which the person ordered to pay support is incarcerated or involuntarily institutionalized, unless the person owing support has the means to pay support while incarcerated or involuntarily institutionalized. (b) (1) The child support obligation shall be suspended effective on the first day of the first full month of incarceration or involuntary institutionalization. (2) For persons owing support who are released from incarceration or involuntary institutionalization on or after January 1, 2024, the child support obligation shall resume on the first day of the 10th month after release from incarceration or involuntary institutionalization of the person owing support. (3) If the person owing support obtains employment prior to the date set for reinstatement, the person to whom the support is owed or the local child support agency may seek a court order reinstating child support obligations at the amount determined by the court pursuant to Article 2 (commencing with Section 4050). (4) This section does not preclude a person owing support or the local child support agency from seeking a modification of the child support order pursuant to Section 3651, based on a change in circumstances or any other appropriate reason. (c) (1) A local child support agency enforcing a child support order under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.) may, upon written notice of the proposed adjustment to the support obligor and obligee along with a blank form provided for the support obligor or obligee to object to the administrative adjustment to the local child support agency, administratively adjust account balances for a money judgment or order for support of a child suspended pursuant to subdivision (a) if all of the following occurs: (A) The agency verifies that arrears and interest were accrued in violation of this section. (B) The agency verifies that, to the extent known to the agency, the person owing support does not have the means to pay support while incarcerated or involuntarily institutionalized. (C) Neither the support obligor nor obligee objects, within 30 days of receipt of the notice of proposed adjustment, whether in writing or by telephone, to the administrative adjustment by the local child support agency. (2) If either the support obligor or obligee objects to the administrative adjustment set forth in this subdivision, the agency shall not adjust the order, but shall file a motion with the court to seek to adjust the arrears and shall serve copies of the motion on the parties, who may file an objection to the agencyâs motion with the court. âThe obligorâs arrears shall not be adjusted unless the court approves the adjustment. (3) The agency may perform this adjustment without regard to whether it was enforcing the child support order at the time the parent owing support qualified for relief under this section. (d) This section does not prohibit the local child support agency or a party from petitioning a court for a determination of child support or arrears amounts. (e) For purposes of this section, the following definitions shall apply: (1) âIncarcerated or involuntarily institutionalizedâ includes, but is not limited to, involuntary confinement to a federal or state prison, a county jail, a juvenile facility operated by the Division of Juvenile Facilities in the Department of Corrections and Rehabilitation, or a mental health facility. (2) âSuspendâ means that the payment due on the current child support order, an arrears payment on a preexisting arrears balance, or interest on arrears created during a qualifying period of incarceration pursuant to this section is, by operation of law, set to zero dollars ($0) for the period in which the person owing support is incarcerated or involuntarily institutionalized. (f) This section applies to any
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