Tuesday, May 11, 2010

Does a parent have to pay child support while they are doing jailtime?

Lady says her husband doesn't pay child support because he is in Jail on unrelated charges. She says that he doesn't have to pay cause his jail sentence is punishment enough. He will get out while the kids are all young teens.Does a parent have to pay child support while they are doing jailtime?
I actually know someone who has a daughter whose father is in jail right now. She doesn't get child support from him because there is no income in jail; what's he going to do send her the quarter an hour he gets folding prison laundry. Unfortunately, a jail sentence IS a way to get out of child support.Does a parent have to pay child support while they are doing jailtime?
The lady you are talking to is misinformed. His child support commitment does not end when he goes to jail or prison. She needs to have her DA serve the institution he is in with child support orders. If he is in a facility where they pay inmates a small wage, or allow friends and relatives to put money on his books so he can buy things from the cantene, the institution will deduct a percentage of these monies and forward them to the DA to pay to her. When he gets out he will owe the back payments minus the amount he paid while in there.
first of all does he have or is he on work release..that means did the judge order him out through the day to work because he has a job..if so then yes she can collect child support through him..it will be taking right out of his pay and directed to her..now if he isn't on work release and doesn't have a jail job then no all she can do is get a court order for child support so when he gets out and get a full time job all the back child support will be taken right away out of his pay..Oh also the father will have to pay child support until the child is 18 or out of school...

my husband was in jail for 1 yr and was ordered to pay 90% of his pay to me for his 3 kids at the time..he was placed on work release and when he violated that he was givin a jail job and i still recieved monies from him for my kids..
well for that lady to thing like that is foolish. my husband and i was just discussing this because i think it's interesting. we think that if he has any accounts with funds in it, you may be able to hire a lawyer to garnish those funds. so if he has accounts with 4 or 5 thousand dollars in it. the lawyer may be able to get 500 $ per child per month. but check with a lawyer
no. however, rules do vary state to state. I would contact your local bar association and ask for a reference. most attorney's offer atleast a free phone consultation and there you can have more reliable information than an internet forum.

good luck to you!!
*** Yes, according to Judge David Grey Ross, former head of the Federal Commission on Child Support Enforcement. It does not eliminate any arrearages accumulated prior to his jailing, which is also accumulating compounded interest penalties.
If she files for support it will just back up and up and up and when he gets out he's gonna owe backed child support in the tens of thousands of dollar range.
Tell her Don't waste her time. The child support order would probably only be fifty cents per day. Find a real man. Or better yet, find a job and support them on your own.
Just because someone is in jail it does not take away their responsibilities to their children.

Yes it will have to be paid after he is out of jail, however it will still be adding up.
I think that he will still have to pay after he gets out. I heard that it just builds up for him and when he gets out he has to give payments.
it will all be adding up while he is in jail and when he gets out he will owe all that back child support.
She can take him to court when he gets out and gets a job. Right now he is not liable.
i see this almost impossible to do because when you work in jail you only make 18 cents an hour after ';taxes';
He will have to pay arrears.
He can't pay if he is not working!

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