Divorce With Respect

Does my child support stop if I go to jail?

On Behalf of | Apr 25, 2022 | Child Support |

You’ve made some mistakes, and you’re going to jail for a little while – which means you definitely will not be making your child support payments any time soon.

That does not mean your child support obligation ends or even that it gets suspended while you are behind bars. If you don’t take action, your debt will pile up, which can end up becoming a huge burden on you later.

You need to ask for a modification

Unless you want to be stuck with additional legal problems related to the nonpayment of your support, you need to ask the court for a modification of your child support order based on the material change in your circumstances.

If your support has been going through a local child support agency, contact that agency about the need for a modification. If a local agency is not managing the payments, you need to contact the family law facilitator.

That does not mean you automatically won’t have to pay

While it may seem obvious that you’re not earning any money that could be used to pay support while you are behind bars, that does not mean your support cannot still be taken from any assets you have.

If you have savings, property that could be sold, or other resources, the court may order those to be used up first before granting a modification.

Every parent bears the financial responsibility to provide for their children, but circumstances sometimes make it impossible to comply with an existing court order. If, for whatever reason, you are unable to make your child support payments, get experienced guidance immediately.