View Full Version : Child Support While Incarcerated


kathym9861
06-10-2010, 09:26 PM
Hey ladies, my fiance told the mother of his child that we were getting married and she told him that if he did she was going to make me pay child support if we did. Is this true?:eek:

Mrs. T
06-10-2010, 11:22 PM
Never heard of such a thing & I don't believe it could happen...you are NOT the baby daddy!

-Mrs. T

Jensman
06-11-2010, 04:09 AM
Answer is no she can't until you are married and then as the spouse you are resposible for joint debts. But I would spend a few bucks and talk to an attorney and get the skinny. Better to have the answers up front always.

jlo3586
06-11-2010, 06:03 AM
No you cannot be made to pay his child support! The only thing you are responsible for are debts you acquire together after you are married. Heck, child support can't even take your share of your joint tax returns

wifeofMichael
06-11-2010, 07:53 AM
Jensman this is incorrect. Child support is NOT her responsibility even if they are married. My husband has a child support obligation. I am not responsible. Jlo, if you are married and there is an arrears they can and will go after your tax refund (if you get one) if you file jointly. So, as a spouse you have to file an injured spouse form which finally are part of the electronic filing! BUT, if your husband is gone more than six months out of the year due to incarceration (or legal separation) you can file head of household. I was able to do this for 2009 and I'm doing it for 2010 and child support cannot touch it. Although I still took a portion of the return and paid it on his child support arrears because it was the right thing to do. I love my stepson. I'm thankful I have a good relationship with his ex. It wasn't easy and we had some rocky years but today she and I are friends and she's been trying to get Child Support to back off him. He's making $3-5 less an hour currently and they just denied him a review to reduce even though she agreed to it. Ridiculous.

So his ex is blowing smoke up your butt. Tell her that you are on to her and she needs to learn to accept things. Remind her the most important thing is that child and the relationship s/he has with her/his father. My daughter's father was/is an ass and has never been a part of her life (and owes me a mess of child support). She's 25 now and even though she had my dad, my brother and ultimately my husband she still has issues with the fact her father tossed her away. And that's how she sees it. I have NEVER talked bad about him. She was in middle school before she asked about child support and I did tell her he didn't pay anything and I didn't know why. I did know why, but that was not her problem. He decided when I said no to his proposal that he would punish me. Idiot.

Well now my response got all ranty, my bad! LOL!

crazy2010
06-11-2010, 09:25 AM
Answer is no she can't until you are married and then as the spouse you are resposible for joint debts. But I would spend a few bucks and talk to an attorney and get the skinny. Better to have the answers up front always.

You are totally wrong. Child support would not come under a joint debt. Call Child support enforcement to get any information regarding child support. I have had to deal with this issue.

kathym9861
06-11-2010, 10:28 PM
When she files for it and the state starts to pay her how will they know what to give her if he currently has no income?.. Also, if it all adds up while he is incarcerated would they arrest him for not paying when he comes home?

wifeofMichael
06-12-2010, 06:26 AM
The state will not pay her child support. They may place her on cash assistance and that will depend on her, not his, income. Also, while he is incarcerated there's not much they can do. And unless he gets a notarized form allowing you to talk to them, he has to communicate with him alone. General Power of Attorney doesn't do it. I kept telling them he was in prison, she called and told them he was in prison. Yet they suspended his driver's license for failure to pay. When they are at the institution all communication must be done via mail. My husband finally got his sorted out when he got to work release.

Is he on the child's birth certificate? Has a DNA test been done? If he has any doubts he needs to do a DNA test. My husband's ex had him listed for two children. If I had not insisted on a DNA test he'd be responsible for both today. One of the children was not his. So if he has any doubts he needs to get a DNA test. When he gets home they will establish child support and any arrears.

And, no, they will not arrest him for arrears because he was in prison. But he will need to get on paying that ASAP when he gets home. I totally messed them up because they finally had believed he was incarcerated and then I took a portion my income tax and paid on his arrears. They thought he was out and sent this crazy letter threatening all sorts of nonsense if he didn't pay a large sum. He called them and got it ironed out. They are not the sharpest tools in the shed. And what kills me is the way our state agencies do not communicate. IMO, during intake at Reception a person should fill out a form stating whether or not they have a child support obligation. Then the DOC should notify CSE that the person is incarcerated. But that would make sense so don't hold your breath. Also, even though my husband and I are married because I had filed for food stamps they opened a child support case against him. However, they told me flat out that as long as he is incarcerated nothing will be done. But I have to go down and get it closed when he gets home. No biggy, we'll pick him up and drive across the street and get that done lol.

crazy2010
06-12-2010, 07:51 AM
When she files for it and the state starts to pay her how will they know what to give her if he currently has no income?.. Also, if it all adds up while he is incarcerated would they arrest him for not paying when he comes home?
In Florida you can not be held responsible for child support when in prison. He need to file for a hearing when he gets out so it can be adjusted to reflect this.
Mine is currently going through this exact thing. He was in the county and missed a hearing for back support From 1994!!! So they have a warrent which now means there a detainer on him. I've notified child support that he's incarcerated. They said to file for a new hearing to get the detainer lifted also to get support adjusted to reduce amount owed. He's been in like ten years all together, so alot will come off the final amount owed. Its a lot of work but it beats being in jail.

kathym9861
06-12-2010, 04:32 PM
So when she files for child support, he needs to file for a hearing? How would he do that in jail?

wifeofMichael
06-12-2010, 04:37 PM
Was he already paying support? Because there's not a whole lot they can do while he is incarcerated other than open a file.

kathym9861
06-13-2010, 10:06 PM
no she wants child support now bc he told her we are getting married

usfgirl10
06-14-2010, 07:05 AM
I just went through this, you can not be held responsible for child. Now if he gets work release or makes money while incarcerated then she would get 10% of whatever he makes. When you do get married for tax purposes then theres a way to file married where you file head of household and she still won't get anything. :)

crazy2010
06-14-2010, 08:53 AM
When she files for it and the state starts to pay her how will they know what to give her if he currently has no income?.. Also, if it all adds up while he is incarcerated would they arrest him for not paying when he comes home?

He need to go to his classification officer, make them aware of the situation. He is not responsible for child support while incarcerated! He can have his classification officer tell him exactly what papers he need to file!! Good Luck!

wifeofMichael
06-14-2010, 06:16 PM
As I have stated, she can file for child support but as long as he is incarcerated nothing will be done. If he goes to work release they can file for a hearing. The 10% is bs. My husband pays his full support obligation, not 10% and he's in work release. His job takes it out of his check. They will file paperwork and base the support on their income levels. He will be responsible for the entire amount. There will be arrears. Maybe not for when he was incarcerated but for the time prior to that. Again, requesting a DNA test is just smart.

kathym9861
06-14-2010, 10:04 PM
I agree the DNA test is important.... Its stupid that she wants to file for this bc we are getting married she even told him she hopes he gets the 15 years because he wants to be with me. He supported his daughter financially before me and him even met, he loves his daughter sooo much!! We tried being civil with the mother of his child but she just says that if im in the picture he will never see his daughter again =(

kathym9861
06-14-2010, 10:12 PM
i made a booboo ignore this lol

love baby
06-14-2010, 11:53 PM
I agree the DNA test is important.... Its stupid that she wants to file for this bc we are getting married she even told him she hopes he gets the 15 years because he wants to be with me. He supported his daughter financially before me and him even met, he loves his daughter sooo much!! We tried being civil with the mother of his child but she just says that if im in the picture he will never see his daughter again =(


WOW how can totally relate to what you are saying. My fiance has been trying to see his daughter for the past year, and has only seen her once and she's only one. But to this day he can not see his daughter because the mother will not let me take her daughter!!! But she has no problem asking ppl to ask me for money for his daughter. His name is not on her birth certificate, and he knows he has to take a DNA test but worries that child support will come after him while he is in prision. But from what I read here he can not pay and will not be in debt when he gets out. But I can relate to what you are saying about "baby mamas" and them still wanting to be with our loved one, even though our loved ones don't want them, just there kids!

wifeofMichael
06-15-2010, 06:23 AM
I agree the DNA test is important.... Its stupid that she wants to file for this bc we are getting married she even told him she hopes he gets the 15 years because he wants to be with me. He supported his daughter financially before me and him even met, he loves his daughter sooo much!! We tried being civil with the mother of his child but she just says that if im in the picture he will never see his daughter again =(

IMO, women like that shouldn't be permitted to raise a child. It's not about her. Unfortunately, unless he has lots of receipts, he's going to be responsible for past child support. It is never a good idea to pay someone without something in writing. I've seen guys get screwed this way time and again. My ex likes to tell a story (in court) of how we walked outside of CSE court and he offered me a couple of grand in cash and I refused. Which is half the story. What I stated was, "go inside and pay it through the clerk's office so it is applied to your arrears". He didn't but likes to pretend that was ME making HIS life hard. Whatever.

Like it or not unless he's a convicted child abuser she's not going to be able to legally prevent him from seeing his child once he is released. And child support and visitation are two separate issues. She cannot deny him visitation for failure to pay once he is released. Though good luck getting her to take the child to see him while he's incarcerated with the attitude she's giving.

love baby
06-15-2010, 10:49 PM
Before he went to prison him and I would always go to walmart and buy jumbo everything for the baby, diapers, baby wipes formula, etc. all the needed things plus, and kept every and all receipts for everything. And when he western unioned her money we have all receipts for that as well. She can't go and see him because she is on probation (big surprise there) so she can't go but at the sametime she won't let me, which is hurting the baby not me or her. But we do intend on going to court once he is released and getting his parental rights through the courts so she can not keep his daughter from him.

wifeofMichael
06-16-2010, 06:10 AM
Just hang on to those receipts. They will be important. And she may soften on you taking the baby. Just don't respond to her nastiness. Have him write a letter to the child. Send cards as well to show an attempt to maintain contact.

AmpsKK
07-07-2010, 07:40 PM
Ladies please forgive my intrusion, but I wanted you all to know that HE cannot be responsible for Child Support without there having been a Court Order already in place, and then wife to be cannot be held responsible for such debt. I know from experience having been married to a man with children from previous relationship and the father of my children being incarcerated for the first 15 years of their life, when he came home he did not owe any arrears because he was incarcerated and their wasn't a Court Order in place prior to incarceration. My ex-husband is the only one responsible for HIS child support, because the children were born before the marriage. I hope that sheds some light on the topic.

I could really use someone to talk to. The father of my children has recently violated conditional release and he is back in on a technical violation. I wasn't in his life the first time he was in prison, but I am with him this time and this is very difficult to say the least. So if anyone has any advice or would like to talk please pm me. Thanks Ladies

KayKay

crazy2010
07-12-2010, 06:49 PM
I also have been going through this situation. If any one can tell me how to get the back child support adjusted. As I have stated before mine has been in aprox 10 years in the last 16yrs. My BF Mother actually raised the eldest son whom the Mother had filed for child support for, his Mother has saved each and every receipt for the entire time. My BF has been paying but never kept accurrate records. Any advice is totally appreciated! One more question does any one know how long it take to be granted a hearing if you have filed for it? Or actually how long the courts have to respond to this?

wifeofMichael
07-12-2010, 08:32 PM
It depends. Typically they'll try to get it scheduled quickly. We are going to try to get my hubby's support payments adjusted when he is released. He tried when he got to Work Release and his ex supported it. He's making much less now than he did when the last increase was made. They denied it but we are hoping to get a hearing when he gets home. What kills me is she agreed and they still refused. Asshats.

crazy2010
07-12-2010, 10:07 PM
I know what ya mean we've been trying to get this straight for 10 months now, not that he doesn't want to work it out but the courts are so stupid even his X had agreed to drop this as she has gotten all the money but the courts won't drop it. They want him to pay back cs of $40,000. they had 2 kids she kept the younger and the old one lived w/him & his mother. They had agreed to this w/no support. She got mad back in 1993 and she filed for support and was awarded it for both children. They have been trying to get this worked out cause she wasn't entitled to any support. If it was up to me I'd have her thrown in Jail! LOL I just want it fixed if he owes we want it pay it. She's not right mentally, she'll say she don't want it one day then the next be screaming. Thank god the kids are no longer minors, I don't have to deal w/her. thanks for the info!!

wifeofMichael
07-13-2010, 06:27 AM
If you can provide proof the one child did not live with her then I fail to see how he can be held responsible.

I'm on both sides of this issue. My ex owes me $75,000 for our adult child. I won't let it drop because dang it right is right. My husband has always paid his support as long as he was working. His ex backs this up. Construction work meant some down periods, hence the arrears.

crazy2010
07-13-2010, 12:20 PM
Yes we can prove it. His mother kept very accurate records. Besides the X has made way more then he did she probably owes him. LOL I just want the issue resolved. I definitely want it paid if in fact they go over all of this and he really does owe. I think a man or women should support their kids. I hope your situation gets resolved. Thanks

goofer
09-30-2010, 09:54 AM
thought we had done everything right but never got a response back on the motion to modify. this link really explains things.

http://www.f2f.ca.gov/res/pdf/FloridaManual.pdf
look at pg 59.

we didn't do the inmate request to have it notarized & we sent the request to modify to the child support enforcement office instead of the courthouse.
really sucks that the money has just been piling up for the last 2 years & theres no reducing it. the time period for that doesn't start until the clerk of court receives the request.