Can You Get An Incarcerated Ex To Pay Child Support?


If your ex has been ordered to pay child support for your child, you have the law on your side. Even being incarcerated is no reason not to fulfill a child support obligation. Read on to find out how having an incarcerated ex-spouse might affect your child's ability to be paid child support.

The Ability to Pay

Child support and the amount to be paid is based on the income and assets of the parents. As time goes on, income, employment, and the health of the parent can change. Child support payments can be changed but judges are extremely reluctant to order a reduction in the amount owed. Even an unemployed parent cannot avoid their child support obligation. The courts place the health and well-being of the child at a high priority. This can mean that being incarcerated won't relieve a parent from the need to pay child support.

Other Sources of Funds

Whether a parent is incarcerated or has lost their job, the judge has the power to take action for the sake of the child. That can mean seizing the property of the parent, placing liens on property to preserve it for later seizure, freezing bank, investment, and retirement accounts, and garnishing any income the inmate might have coming in. For example, if the parent owns a rental property and is receiving income while incarcerated, that money can be funneled toward meeting the child support obligation.

How to Make Them Pay

Even an incarcerated parent can be made to pay and any fines and fees as a result of non-payment will continuously accrue. Depending on the length of incarceration, the debt will remain until paid – even after the child attains adulthood. As a side note, the estate of a parent can be used to pay back child support. As the custodial parent, you recognize all too well how non-payment affects the child and that being put in jail is no reason to make a child suffer. To ensure your child gets the financial support they need – regardless of the actions of the other parent, take the following actions:

  1. Take a close look at the financial paperwork from the divorce and the information used to determine child support initially. You may need to do some digging to find out about your ex's present assets.
  2. Review your budget and financial obligations so you can challenge any child support modifications.

To find out more, speak to your family law attorney.


24 October 2019

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