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Collecting Child Support from a Parent Who Is Incarcerated

 Posted on July 23, 2019 in Child Support

DuPage County child support enforcement lawyersIf your child’s other parent has been convicted of a crime and is in jail or prison, you may have dozens of concerns, including worries regarding child support. When an individual is incarcerated, their financial obligations are usually still considered valid. This includes child support payments. Read on to learn about how incarceration can affect child support payments as well as what to do if you are not receiving court-ordered child support.

Parents in Jail Are Still Responsible for Child Support

When a judge orders a parent to pay their child’s other parent child support, that requirement is generally intended to last until the child is an adult. A child’s financial needs do not stop just because a parent is incarcerated. If your child’s other parent in in jail, he or she is still responsible for his or her court-ordered child support payments. However, the parent may be able to petition the court for a temporary modification of their child support obligation.

Courts only grant a child support modification if the parent can prove that he or she has had a major change in his or her financial circumstances. Some incarcerated parents are able to participate in a work release program which provides them with the funds needed to pay child support, but others will have no income. In situations in which an incarcerated parent cannot pay child support, the total amount of past due support payments will be due at the time of their release.

Alternate Sources of Income During Imprisonment

If you are a parent who relies on extra income from child support, you may be extremely anxious about how you will make ends meet without this income. In situations like this, the family court may be able to help you. A judge may be able to order an incarcerated parent to pay child support from an alternative source including:

  • Disability, retirement, or other benefit income;
  • Checking and savings accounts;
  • Revenue from selling investments;
  • Money from property sales;
  • Retirement accounts;
  • Rental property income; and
  • Interest or dividend income from investments.

If your child’s other parent has not been paying their court-ordered child support, they could face serious consequences including possible criminal charges. For help enforcing a child support order, speak with an Illinois child support attorney experienced in handing cases involving child support nonpayment.

Contact a Naperville Family Law Attorney

If you need to establish child support, modify an existing child support arrangement, or have other family law needs, reach out to the experienced DuPage County child support attorneys at Pesce Law Group, P.C. today. Schedule a free initial consultation by calling us at 630-352-2240.



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