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Child Support from Jail

Discussion in 'Alimony & Spousal Support' started by quuen, Jan 21, 2002.

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  1. quuen

    quuen Law Topic Starter New Member

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    My son is 5 years old. His father has never had much involvement in his but to make matters worse his father is now in jail for what looks like at least 4 years. We live in Ny and i was wondering whether or not my son's father is still required to pay child support for the time he is incarcerated or whether he is responsible for it when he comes out. Does it just add up while his father is away? What can i do or what do i have to do? My son's paternal grandmother has been paying the child support for her grandson since it started when my son was a year old. So now that her son is in jail im not sure that she will continue to make the child support payments.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    As per the Office of Child Support and Enforcement, a part of the U.S. Department of Health and Human Services:

    "Past-due support may accumulate while the father is in jail. But unless he has other assets, such as property or any income such as wages from a work-release program, it is unlikely that support can be collected while he is in jail. Depending on State law, your support order may be modified so that payment is deferred until he is released and working."
     
  3. quuen

    quuen Law Topic Starter New Member

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    So basically it will just accumulate until he is released and he will be responsible for the back support when he comes home? He does not own any property and I believe the car and motorcycle he has is in his mother's name. He is very spoiled and has never been the one sending the support since he knew his mother would send it for him. I spoke to his mother when it was found out that he could be facing jail time and she had said that if her son goes to jail she would stop payments but i had said to her what i had thought and that was that it would just add up. Tomorrow if the check is not in the mail box I will be assuming that she has decided to stop. Do I have to go to court to file anything or let them know that I was receiving support but that the support has stopped due to the childs father's incarceration?
     
    Last edited: Jan 21, 2002
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    One thing you should remember -- if it is his mother sending support payments then with your husband it may be like trying to get blood from a stone. Going to court at this time will only cost your ex more but you won't necessarily be receiving anything for a long time. His mother is under no obligation to make payments. As per below, your husband might be able to reduce the payment amounts during the time he is in jail. I am also not sure that you should make sweeping assumptions. These are real people and with such a situation, it is probably a good idea to see what you can work out for the time being, if necessary.
     
  5. quuen

    quuen Law Topic Starter New Member

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    We were never married actually I broke up with him before i even knew i was pregnant. I completely understand the situation at hand and am not pushing the child support payments from anyone i just want to know what my son is or isnt entitled to while his father is in jail. Meaning that when his father does come home will he be entitled to back support for the time that he was incarcerated? As far as my son's grandmother goes I have told her that if there is anything i can do to help i will but why should MY son have to suffer because his father decided to mess up his life.
     
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Unfortunately, sometimes we are dealt a hand that we cannot change. It's not fair that some people are born handicapped. However, there is no magic pot of equity that can be dished out for those less fortunate. It is possible that you may be able to receive governmental aid, which may help relieve some of the burden, but I'm sure you are aware of those options.

    While you may be eligible to receive support while the father is in jail, it doesn't change the practical reality. I think that the post says what can be done -- while there is a continued support obligation, the court can defer the amount due to be paid at some later date. It is possible that it may also be reduced. After all, he doesn't have means to pay. As I said, you can't get blood from a stone -- as soon as he's out you shouldn't expect a check for amounts due. The money just isn't there.
     
  7. quuen

    quuen Law Topic Starter New Member

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    Completely understand and i thank you for your time. I will let you know what happens. Thank you again for everything.
     

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