Family Law Blog

Child Support Responsibilities and Incarceration

Monday, February 24, 2020

If your ex-spouse or parent of your child has committed a crime and is looking at jail time, it can leave you wondering about how they will uphold their financial commitments to you. If they are paying child support or spousal support, incarceration does not automatically forgive these commitments.


When an ex-spouse or a parent to your child is incarcerated, you should expect them to file for a modification of child support or alimony. Since an incarcerated person's income often drops dramatically, they can file for a modification with the court. The courts may end payments for the time they are incarcerated because they now have no income.


It is important to remember that while incarcerated, one party may not be making as much money. However, they could also still be making some. If the incarcerated parent of your child is still making money through rentals, investments, or even has a substantial savings account, they may still be required to pay support while in prison. The courts will examine their income and may decide they can afford a much lower payment rather than no payment at all.

Good News

The small bit of good news for the non-incarcerated parent is that prison doesn't mean payment stops forever. If the incarcerated parent is released and gets a new job, you can file for a modification of child support with the court that asks them to start paying support again. So, the payments may not be gone forever, but may resume after incarceration ends if they are still needed.


Are you getting divorced? Do you feel concerned that you may not be getting the child support that you need? Do you have any other pressing family law issues? We can help. Contact us today to see what the Law Office of Jamra & Jamra can do to help you.