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Does incarceration affect a parent’s child support obligations?

Posted by: Mills Elder Law
Practice Area: Trademark    Country: All    Publish Date:


It is not very uncommon for a child to experience parental incarceration at one point or other of their lives. Parental incarceration implies that one parent is behind bars for a period of time when the child is supposed to be the beneficiary of child support services. The financial support of the family can be put in jeopardy during an event like this. Read on to find out about the situation.

If a parent is sentenced to time behind bars it will not affect the obligation of the parent to pay for child support. In most cases the support obligations are suspended for a period of 60 days as the parent starts adjusting to life behind bars. A court order mandates child support payments and it can be only modified after a formal request is submitted to the aforesaid court.

The incarcerated parent in this case has to supply a valid reason for making this formal request. The fact that the parent is behind bars can be used to persuade the ruling judge to suspend or modify court ordered payments in the name of child support. Change in income levels is a valid reason to use in these cases, because if the parent has been incarcerated it will in all probability mean that he/she has lost his/her job and will not be in a position to make the child support payments. The parent can be required to make payments only as much as they can afford in this case, in other cases without an income, child support payments can be suspended by the judge.

When calculating child support payment, the income and wages are not the only points of consideration. The assets of the parent and other income sources like rental income, royalty or dividends also count in calculating child support payment. In these cases the judge is asked to accommodate the reduced payment abilities. The non- incarcerated parent, in anticipation of this move can do the following;

·        Review all the financial disclosures of the incarcerated parent which were required at the time of divorce.

·        Find assets and other income sources that can potentially fund monthly child support payments.

·        Contest changes in the modification order that seem to be out of their place.

·        Gather evidence that shows that with incarceration, financial obligations like rent and car insurance have decreased.

If your child’s other parent is incarcerated and you need help with child support payments look up CPS lawyers, child custody specialist, best divorce attorneys in Forth Worth, and best family law firms. They can help you with your particular case.



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