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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.

Incarceration

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.

Finances

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.

Conclusion

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.

Are You Paying Too Much in Child Support?

Monday, September 23, 2019

The court uses a specific equation in order to calculate what is deemed to be the best child support payment. Unfortunately, this equation isn't perfect. It can turn out that you end up paying too much in child support, so much so that it seems more like your spouse is benefiting from having custody of your children. So what can you do when this happens?

Many Factors

In truth, the child support calculation should take into account your own income, the amount of time you spend with the child, and their unique needs. If you are spending quite a bit of parenting time, the support payments will be lower. However, typically you will see this child support go towards the benefit of your child without causing you financial strain.

Know You're Paying Too Much

If you are either being put under financial pressure to make these payments or notice your ex-spouse spending a lot of extra money without valid cause, then you are likely paying too much. If either of these events are true, you should contact your lawyer. You will then be tasked with gathering evidence of financial strain or that your ex-spouse is misusing these funds in order to obtain a lower payment.

Find out If You Are Paying Too Much in Child Support

The world tends to look down unfavorably on those that don't pay child support. However, in truth, the imperfect equation can make those payments far too high for some to bear. You will need to prove that it causes a burden, and the court will lower them if you have at least made an attempt to pay them when you can.

If you are having divorce or child support problems, contact us today. The Law Office of Jamra & Jamra can help you navigate this difficult area of the law in order to get the best possible results. Don't suffer under this burden when there is still action to take.