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You will not receive child support if the other parent is in jail because there is no income to garnish. Their back child support will add up and you can file contempt charges for nonpayment of child support.

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9y ago
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14y ago

Get a lawyer. The law can easily extract money out of a prisoner. ---- If he has a job in prison, he'll probably be making about 10 cents an hour. But you should still get that child support order in place now. He'll owe you money when he gets out and you'll already have it out of the way. And, I suppose, if you really wanted to make a point, you could probably get the order payable through wage assignment. That way, you might get 2 of the 10 cents he makes an hour.

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14y ago

The truth is, any money you would receive from this source will be minimal. Best to focus on improving your job skills and finding work so that you can support your family. Another suggestion is to visit one of the nonprofit credit counseling companies who can help you set up a workable budget. It may require that you cut back on expenses, but life will become more simple.

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14y ago

You are still the father of the child regardless of where the mother is; so of course you still have to pay support. In such case the payment would go to whoever the child's legal guardian is while the mother is in custody.

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13y ago

yes you can file but it doesn't mean that you will get it. I have been going through this myself for the past 4 years. I first filled back in Oct of 2007 and my child's father has been in out of jail/prison for the past four years only seen our Son 2 times........Once they are out you have to file an amendment in order to get a court date, every time i send the paperwork back into the county hes back in again. But the good thing is that if he ever gets out and you file an amendment providing he gets a job you will get back owed child support. Mine will be back dated from 10/07. Hope this helps.

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10y ago

No. His parents are not responsible for financially supporting his child.

No. His parents are not responsible for financially supporting his child.

No. His parents are not responsible for financially supporting his child.

No. His parents are not responsible for financially supporting his child.

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14y ago

You don't, nor can there be accrued arrears according to Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement

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10y ago

No. His parents are not responsible for financially supporting his child.

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Q: Can you file for child support if the father is in jail?
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Related questions

Can a mother file for back child support if the father has been in jail most of the child's life?

I'd Say Yes But I'm Not Absolutely Sure About It


If the father was in jail and now out and he can not find work will his child support be lowered?

if court approved.


Can unemployment be collected to help with child support if the father is in jail?

Unemployment benefits may be garnished to collect child support, but it seems unlikely that someone in jail would be eligible for unemployment benefits.


Can a maternal grand parent get child support from kids father if mom is in jail and has temporary custody?

Yes, both parents owe her child support.


If im not receiving no child support money cause the father locked up?

An obligor who fails to pay child support pursuant to an order can be put in jail.


Can Florida extradite from Indiana jail for not paying child support?

If a person is already in jail, there is no child support owed.


In Colorado what are the laws for a mother who has not attempted to see her child in eight years and ordered to pay the father child support?

It is just like if the father did not see the child. He would have to pay child support. Visitation and custody are 2 separate things in the court system. Whether a parent sees a child or not, support is usually still issued. If the judge signed a support order and it is not payed, that parent can go to jail for unpayed child support.


Do you still pay child support to your ex when your child is in jail and or not in the ex care?

Yes, until the order is modified. You can request a modification at child support enforcement. If it appears the child will remain there until aged out, you may need to file for emancipation. see links below


If you go to jail for child support will your back child support get erase?

In the USA, the answer is NO. In fact it will grow.


Do you get child support if child is in jail?

No. If the child is in jail, the custodial parent is not supporting the child. Any amount should be paid to the state if required.


What can a father do if he doesn't live with his children but their mother goes to jail?

He has to file a child in need of care petition to obtain custody. see links below


How can you keep from going to jail if you are behind on child support payments?

Catch up on your child support payments.