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Question about Child Support for anyone who knows alot of information about it.

Ok so my sons father pays child support. Although he is 2 months behind they have not done anything about it which I know they wont cuz hes not that far behind. But now he has goten himself in big trouble and will most likly end up in jail for some time. This is the charges he has on himself right now; Driving While Intoxicated, Leaving the Scene of a Property Damage Accident, Fail to stop/stop sign and Aggravated Unlicensed Operation of a Motor Vehicle. He also is under 21 so he will get introuble for underage drinking. He also has 3 bench warrents for not paying fines and parking tickets.
So my question is, If he ends up in jail which im sure he is looking at time, with all those things against him; he cant try to get out of it because someone caught it on tape. Will i get child support while he is in jaile or no? I have a job but only work 3 days a week, so its not enough to spport my 11 month old and pay the bills.

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Asked by nikkik526 at 1:54 PM on May. 4, 2011 in Money & Work

Level 7 (197 Credits)
Answers (6)
  • No. You'll probably have to apply for PA.

    Answer by UpSheRises at 1:55 PM on May. 4, 2011

  • From what I know, you will not get child support while he's in jail but it will continue to accrue - so when he gets out he will owe all that back. But it doesn't help you right now! I'm sorry.

    Answer by missanc at 1:56 PM on May. 4, 2011

  • No you won't. Unless he has a legitimate income while he is in there. He will ALWAYS owe that back support even your child emancipates.  Keep tabs on him, assets and employment and the like so you can forward this info to your CS agency.  I am so sorry for your dilemma and wish you they best.


    Answer by Dahis at 1:57 PM on May. 4, 2011

  • No you will not get your child support while he is in jail. It will continue to accrue and if he is jailed long enough, he might turn around and get put right back in once he gets out because THEN he will really be so far behind. This happens a lot, but there are women who purposely wait until he is released to file for child support. How else are your going to get any money?? LOL! I'm thinking if you try to collect state aid, it will be the same way.

    Answer by m-avi at 1:57 PM on May. 4, 2011

  • If anything, if he is in jail the child support will just sit there a accumilate. Where I'm from the child support has to reach an accumilation of over $1,500 before they can move on charges of not paying. You can call your local Child Support Enforcement office and ask them further questions. I am in the same boat. I have a job now and my ex was paying $400 a month because he has a really good job and he quit his job for whatever stupid reason and now he hasn't paid in 2 months so I'm gonna tear that ass up in court. It's hard to go from relying on that money to it being gone. Good Luck.

    Answer by Anonymous at 1:58 PM on May. 4, 2011

  • Hi honey.
    Child support laws and regulations vary by State. There should be a phone number you can call (Child Support Enforcement), where they might be able to answer your question. I'd ask for a supervisor if the reg CSR can't answer it. (state agency - be prepared to be aggravated, just in case.)

    Yes, when someone falls behind they are usually mandated to pay back support. However, many states do not charge when there is no income. Some do this when working w him or in court, some do this based on his request for a review/change (like when he gets out or before he gets in).

    Either way, whether you get back support while he's in jail or not, you won't get that til he's out and can pay it. Sometimes they will let them pay what they can afford (to catch up).

    You only work part-time.. If your child support is cancelled or postponed (or just plain unpaid), you can apply for social services programs if you live by yourself...

    Answer by Harmy at 7:45 AM on May. 13, 2011

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