Talking About Family Attorney Services

Not an Excuse: How Incarceration Affects Child Support

15 June 2021

Norman Kelly

Divorcing parents who have children will inevitably deal with child support as part of their divorce. In almost all cases, the parent who doesn't take full custody is ordered to pay child support to the custodial parent. Child support, once ordered, will stick like glue to the responsible parent. Read on to find out how a child support obligation may withstand even incarceration.

Changes in Circumstances

As part of a divorce, issues that have to do with minor children are usually left open. That means, theoretically, that the parent can petition the court if they want to reduce the amount of their child support payment. However, judges seldom agree to a reduction – no matter what. That means parents who are in the below situations may not be able to make changes in the child support orders:

• The parent has recently been convicted of a crime and is incarcerated.
• DNA testing reveals someone else to be the biological parent of the child.
• The parent has been fired or laid off from a job.
• The parent is disabled or sick.
• The parent has remarried and is now responsible for additional children.

How Incarceration Changes Things

To understand how important financial support for a minor child is, it might help to know that the courts place the well-being of a child over that of the parents or anyone else. In other words, even if paying child support is near impossible, the obligation stands. Child support enforcement agencies can take several actions to attain the funds for making sure that payment happens. Even incarcerated parents might find the following happening:

• Any income earned in prison goes to child support.
• Any property owned by the parent may be seized.
• Income tax refunds may be seized.
• Investment and retirement accounts may be frozen and seized.
• Passive income like rental income or royalties is subject to seizure.

How to Take Action

First, know that incarceration is not a reason to stop paying child support, no matter what your ex may tell you. Back child support payments will continuously pile up and that debt will remain until it's paid – even after the child attains their majority. If the responsible parent should pass away, the estate may be liable for payment. No matter what the reason for the payee to stop paying, examine the financial information gathered as part of the divorce and identify sources of income or property that can be used to satisfy the child support obligation.

To get some help in making an uncooperative parent pay, speak to a child support lawyer at once.

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