Father who has custody in Jail/Re-hab

[sklacroix]

Jurisdiction

Washington

My daughter has been living with her father since she was 2, is now 17. He father who has custody was put into jail last week and is being transferred to a in-patient re-hab for 90 days. I have faithfully paid child support for 15 years and still do. Does the father still get child support since he is incarcerated? My daughter will be living with her Grandparents for the 90 days he is in re-hab so she can stay in school for her Senior year. My daughter lives in Washington State and I am in Colorado.

 

[Michael Wechsler]

Child support is supposed to be paid and used for the benefit of the child. Alimony, spousal support or maintenance is paid for the benefit of the former spouse (and is taxable.) I can't say whether a modification would be in order but payment would certainly be necessary since it is for the direct support of your children, to pay for their necessities, etc. A modification to the order requires the intervention of a judge. But a redirection of the payments should be able to be made either voluntarily by the ex-spouse (who can redirect payments to the actual caregiver during his incarceration) or via a child support order from the court.