If the father of my child goes to jail does the state still pay the child support until he gets out? (Then he owes them?) Or does he owe me after he gets out?
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If the father of my child goes to jail does the state still pay the child support until he gets out? (Then he owes them?) Or does he owe me after he gets out?
The state never pays child support, it is paid by the non-custodial parent through the state. (Assuming your state is like Illinois). If he/she is in jail then he/she is not earning the income to pay the state to pay the custodial parent. They would start calculating an arrearage and would collect the arrearage and interest on the behalf of the custodial parent.
Often times when a person owes child support and goes to jail for an extended period the child support is adjusted to 0. The reason for it is because of incarceration there is no opportunity to make money like those on the outside can. So for current arrears he will owe but don't expect it to just keeo going and going like the energizer bunny.Quote:
Originally Posted by ohmiss737
When a child support obligor goes to jail and a child support order is in effect, it stays in effect while the obligor is incarcerated until he files a motion to set it at zero. Child support orders never automatically adjust themselves.
A child support order can never be retroactively adjusted to any date earlier than a date the motion for modification was served. We have case law in California involving a child support obligor who went to jail while a child support order was in effect and when he got out he tried to obtain relief from the arrearages that ran while he was in jail. The appellate court said, no way. No motion for modification, no relief.
OK! Thanks for the help with my last question everyone!
I am in ca and we have a custody hearing (with a move away order) with a judge on wed. If he gets picked up and is in jail before then and can't make the hearing does that mean I get sole custody and get to move?
Please don't start new threads for a follow-up question. I merged the threads for you.
Don't know. If the judge is informed that he wasn't able to attend because of being jailed he might issue a postponement
The jail may make arrangements for him to be in court.
No it's not that easy!:)Quote:
Originally Posted by ohmiss737
The judge would probably continue the hearing for the dad to be able to be brought into court. He has all the rights to oppose the move away as anyone else, whether in or out of jail.
Past-due support may accumulate while the father is in jail. But unless he has assets, such as property, bank accounts, or any income such as wages from a work-release program, it is unlikely that support can be collected while he is in jail. You might write to the warden of the prison and ask if any provision is made for a prisoner to provide support for his children. Depending on state law, your support order may be modified so that payment is deferred or forgiven until he is released and working. (Some states will do this so that the arrearage when he is released is not so great that he might hide, but will seek work and resume payments.)
If he is in a Federal Correctional Facility, in addition to seizing available outside assets and income, if any, there also is a possibility that you can get child support payments from the inmate's prison account. According to the Bureau of Prisons instruction, the withdrawal of funds from an inmate's account is strictly voluntary. Child support obligations are listed as the fourth priority of funds that can be withdrawn. You, or your caseworker, will need to find out who the inmate's case manager is and write a letter to that person. Any correspondence to the case manager needs to specifically indicate that child support obligations are to be considered pursuant to the Inmate Financial Responsibility Program. If funds are not received, it may be because the inmate has refused to make payment, or that the inmate is making payments that have priority over the child support payments. Contact with the case manager can verify whether the inmate is cooperating and willing to meet the child support obligations.
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