If 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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