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How Incarceration Affects Support Payments in Illinois

Posted on in Child Support

Naperville Child Support LawyersIncarceration can change many aspects of an individual’s life and the lives of those who depend on them, especially in regard to finances. Unless a person or business agrees otherwise, monthly financial obligations remain valid, and that includes child support payments.

Once a judge orders support payments for children or spousal maintenance, it is legally enforceable and does not stop if an individual goes to jail, and the amount owed continues to accumulate. Here we will discuss the effect of incarceration on all parties and how to overcome this obstacle.

Parents Paying Child Support

Court-ordered child support payments are intended to benefit the livelihood of a child or children. Their needs do not stop if one parent is incarcerated, and therefore, the payments do not stop. They are expected to arrive in the same manner as before the detainment unless the court determines otherwise.

If you are incarcerated, you may petition for a temporary modification of support payments. Courts do not frequently approve of a suspension of these payments, but that determination is entirely up to the judge, who bases their decision on all information presented. Some parents qualify for a work release program that enables them to secure income, which may go toward the support payments. If no income is available, all payments are due at the time of release.

Parents Receiving Child Support

For recipients of a support obligation, the loss of that expected income can cause a serious financial burden. In this situation, the court possesses the ability to locate people who were otherwise not paying and in hiding. If you know your ex-spouse is serving jail time, a judge can use this as a way to ensure you receive payments by issuing a support order if the funds are available.

Potential Income During Incarceration

Just because a parent is incarcerated does not mean they do not have financial resources available. People serving jail time still may have:

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

Contact a Naperville, IL Child Support Lawyer

If you need to start, terminate, or modify an existing child support or spousal maintenance payment order, it is essential to take immediate legal action. A DuPage County child support attorney can help. The experienced lawyers at Pesce Law Group, P.C. have assisted countless clients to achieve the results they need in these and many other situations. Find out how we can do so for you by scheduling a free initial consultation. Call us today at 630-352-2240.


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