When someone is convicted of a crime and sentenced to jail or prison, it
doesn’t mean that their life automatically stops. They will have
to address their job. They will still have to pay their auto loan and
mortgage or lease, and they’ll have to continue paying their monthly
credit card bills among other things. At least they’re supposed
to pay all these things. If they can’t afford to and they can’t
get help from friends or family, their credit can be ruined.
But what about child support, are inmates expected to keep on paying? This
one is important and since a large percentage of inmates are mothers and
fathers, it’s a question we hear a lot.
Incarceration Doesn’t Stop Child Support
If you are a noncustodial parent who has been ordered to pay child support
by a family court, please understand that incarceration does not automatically
stop your obligation to financially support your child. The only way for
you to have your existing child support payment reduced or otherwise modified
is to ask the family court to change the order.
“How do I ask the court for a modification?” You will need
to request a “review and adjustment” of the child support
order. To see if your case qualifies for a reduced monthly child support
payment, you will need to fill out an
Inquiry Form for Incarcerated Parents.
If you don’t have passive income or assets to continue paying child
support while you’re incarcerated, and if you will have zero income
while you’re behind bars, you will certainly experience a “significant
change in circumstances,” which could work in your favor.
If your petition is approved and you are later released, it’s important
that you contact the child support office and stay in contact with the
staff there as your circumstances change. They understand that it takes
people time to get back on their feet after being incarcerated, and they
are there to help you as you transition back to full-time employment.
What is Community Supervision?
Contact us 24/7 to schedule a consultation with a Dallas criminal lawyer.