She is imprisoned. In November of 2019, her baby was born. She entered a guilty plea to a felony in February of this year, and she was given a prison sentence. As per the agreement, May 2043 is the earliest probable date of her release. Before she was imprisoned, the father, who has complete custody of the children, was ordered to receive child support from her. She will be under strict security [for the time being at least], and we do not know if she will be allowed to work there. This inquiry was beyond the scope of my sister’s PD. Is there anyone here who knows how she will be paid child support?
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Yes, incarceration of a parent does not always release them from their child support responsibilities in many jurisdictions. Nonetheless, local laws and practices pertaining to jail and child support may differ. A parent who is incarcerated may occasionally be eligible to ask for a modification of their child support order due to a change in their financial situation. To understand the precise rules and procedures that apply in a certain circumstance, it’s crucial to speak with a family law practitioner or a competent government body.
In such a scenario her child will be supported using her assets or income, it does not stop
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Unless the court changes the order, she will be compensated from her mother’s assets
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Yes I agree with this, the parent still has to take care of the child regardless of being in prison
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Here’s some information on child support payments for incarcerated parents:
Key Points About Child Support Payments for Incarcerated Parents:
General Overview:
Responsibility to Pay: Incarceration typically doesn’t eliminate a parent’s obligation to pay child support, although their ability to pay is often impacted.
Modification of Payments: Being incarcerated can qualify as a reason to request a modification of child support payments. The court assesses the parent’s reduced income and adjusts payments accordingly.
Possible Scenarios:
Adjusted Payments: Payments may be substantially reduced due to the incarcerated parent’s limited or no income during imprisonment.
Structured Payment Plans: The court may establish a structured plan for payments, allowing the parent to contribute a smaller amount now and potentially make up arrears upon release.
Assets Consideration: If assets are available (such as savings or a vehicle), the court might order their sale to support child support obligations.
Next Steps:
Consult a Family Law Attorney: For guidance tailored to your specific situation, seek advice from a family law attorney who can navigate the complexities of child support laws and procedures.
Contact Child Support Services: Local child support agencies can provide resources and assistance regarding modifications for incarcerated parents.
Additional Factors to Consider:
Prison Programs: Some correctional facilities offer employment programs allowing inmates to earn income, which can be allocated toward child support.
Future Employment Prospects: Courts may consider potential future earnings upon release when determining ongoing child support obligations.
An incarcerated parent can continue paying child support while in jail if they have income or assets available. However, prison jobs typically pay less than $1 per hour. If the parent has no other assets or income, they will likely accumulate significant child support arrears by the time they are released in approximately 23 years.
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hi sarah,dont be perturbed,In states such as California, there are laws in place where child support payments cease automatically after a specified period of incarceration, such as 90 days. This exception does not apply if the parent has accessible funds or if the incarceration is due to non-payment of child support or domestic violence-related issues.
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Being in prison doesn’t automatically stop child support. But since your sister can’t work now, contact your state’s child support agency to see if they can lower the payments.