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b2ap3_thumbnail_prison-jail-cells-corridor-correctional-facility_20200121-024905_1.jpgFor many divorced and unmarried parents, money is tight. If you are a single parent, you probably have many financial obligations including housing costs, childcare expenses, school-related expenditures, and more. If you receive child support from your child’s other parent, you may depend upon these payments heavily. If something were to happen and you no longer received child support, you would be in serious trouble. These are the concerns that many parents have when they learn that their child’s other parent has been incarcerated.

Parents Are Still Expected to Pay Child Support Even While Incarcerated

If your child’s other parent has been arrested and charged with a crime, he or she may be spending time in jail or prison. However, this does not mean that he or she is automatically relieved of child support obligations. When a person is incarcerated, the court still expects him or her to continue paying child support. However, the incarcerated parent does have the option to petition the court for a temporary child support modification. The court may grant this modification if the parent can prove that he or she genuinely needs it. For example, if the incarcerated parent cannot participate in a work release program and has no income, the court may allow him or her to temporarily stop making child support payments. Once the parent is released from jail, he or she must pay the past due amount.

Other Sources of Income During Incarceration

When an incarcerated parent is not making money from traditional work, this does not mean that he or she has no means to pay child support. The court may require an incarcerated parent to pay child support through other means. Child support payments may be taken from:

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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.

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