View Full Version : Child support while he is incarcerated, does he still have to pay?


sad wife fl
04-07-2011, 11:21 AM
we got a letter saying he is behind paying his child support but he is in prison. what do i need to do he cant pay it hes in prison for six years will they keep him longer if we cant pay it:confused:

jockeyperry
04-07-2011, 12:25 PM
He needs to file for a modification. You can find the form at the following link:

http://dor.myflorida.com/dor/childsupport/modification.html

They will not stop the required payments, but will most likely modify it to $50 per month for the time he is incarcerated. After he sends in the request for review, you will receive an affidavit that he must sign and have notarized. If you are legally married, there may be different parameters.

sad wife fl
04-07-2011, 01:03 PM
He needs to file for a modification. You can find the form at the following link:

http://dor.myflorida.com/dor/childsupport/modification.html

They will not stop the required payments, but will most likely modify it to $50 per month for the time he is incarcerated. After he sends in the request for review, you will receive an affidavit that he must sign and have notarized. If you are legally married, there may be different parameters.
yes we are legally married... i do have POA.can i do it my self and sign it for him?

wifeofMichael
04-07-2011, 05:21 PM
No. Unless he has put your name on the case they won't even speak to you and he has to fill out a form for that as well. Ran into all sorts of brick walls while my hubby was incarcerated. His ex even tried to explain the situation, morons. Shoot, I made a payment out of my tax return to help her out and they RESUSPENDED his license. They ASSumed he was out. So when we went to get his license after he was released we had to pay the suspension fee TWICE as well as paying the fee for his license expiring while he was incarcerated. I was not happy.

sad wife fl
04-07-2011, 06:12 PM
No. Unless he has put your name on the case they won't even speak to you and he has to fill out a form for that as well. Ran into all sorts of brick walls while my hubby was incarcerated. His ex even tried to explain the situation, morons. Shoot, I made a payment out of my tax return to help her out and they RESUSPENDED his license. They ASSumed he was out. So when we went to get his license after he was released we had to pay the suspension fee TWICE as well as paying the fee for his license expiring while he was incarcerated. I was not happy.
so will he have to to court why he is in prison?? that would be a nightmare im not shore what to do should i right to the court and let them know he is in prison.will it keep going up why he is in there he has a long time to do can they keep him longer because of child support. he has know way to pay it

wifeofMichael
04-08-2011, 06:09 PM
No, just submit the paperwork so they know he is incarcerated.

sad wife fl
04-08-2011, 07:19 PM
No, just submit the paperwork so they know he is incarcerated.
thanks wifeofmichael :)

jockeyperry
04-10-2011, 01:15 PM
When I received the affidavit asking for modification of the child support payments, I sent him the forms that he needed to be sign and notarized. He had them notarized and sent them back to me. I obtained certified copies from the clerk of his sentencing so that they will know he is incarcerated. I then sent everything to the child support office in charge of his case. The affidavit asks for spouse's information as well.

wifeofMichael
04-10-2011, 02:27 PM
I don't like their asking for spousal information. It makes it sound like they will come after you. Which they cannot do from my understanding.

sad wife fl
04-10-2011, 02:41 PM
why do they want my info?

GeckoBrat
04-10-2011, 02:52 PM
Asking for your info is just another way for them to keep track of him if he doesn't do what he is supposed to after he is out. If they have to try and find him the new spouse is the first person they contact.

If he is eligible to file taxes he can do it from prison and they will use the return to go towards any back owed child support EVEN if he has filed a modification. Whenever he is able to file tax returns the money will go to back child support so DO NOT FILE jointly with him at any time before his back support is paid in full because they even take your portion and it is a MAJOR hassle to try and get your part back. !!!
Good luck to you.

wifeofMichael
04-10-2011, 03:02 PM
Not entirely true Gecko. She can file jointly and simply include an Injured Spouse Form. That's what we typically do. Also, he does not have to file while incarcerated. If you have children you can file Head of Household as long as he is out of the house for at least six months out of the year.

GeckoBrat
04-10-2011, 03:06 PM
That must be the form my sister missed. And I was only stating that he could file from prison if they wanted to have a way to pay some of the support.

jesizwar
04-10-2011, 04:08 PM
my fiance just went to jail on a new charge and vop. this is his 4th vop and i dont know whats going to happen. he was sentenced to halfway and now i dont know if theyre going to send him to prison or not. im 19 weeks pregnant, i find out the sex in 9 days and he got arrested yesterday.
being pregnant without him his making me sick. i feel like i made a bad decision even though i know thats the wrong way of thinking.
anyone have any advice for me...

wifeofMichael
04-11-2011, 05:37 PM
You need to do what is the best for yourself and your unborn child.

jrsbutterfly04
04-21-2011, 01:54 PM
my boyfriend just got garnished all of the money he had on his books...including money his mom and i had put on there...he had his child support suspended in 09 but they sent him a letter telling him they were starting to garnish his wages....well they took the money on the 11th and he didnt even recieve the garnishment letter untill after they had already taken the money...is there anything any of us can do to atleast get the money his mom and i put on his books back??

wifeofMichael
04-21-2011, 05:14 PM
I'm sorry, once the money was on his books it was his. It no longer belonged to you. They have the legal right to garnish his wages. BUT, I don't think they can legally garnish an inmates account. They did not garnish my husband's inmate account and his court order was in effect. Something is very fishy here. Ask him for a copy of the letter.

Matt'slove
04-26-2011, 10:04 AM
I also have a POA for my fiance and I am going through this same situation, trying to get his child support order modified. If your POA says you have the power to sign documentation than YES you can sign the request for review for him.

However, once they mail him the affidavit than he will need to sign and have it notarized.

wifeofMichael
04-26-2011, 05:27 PM
And that's as far as you can go, requesting the review. They will not discuss it with you. Now, when he was released he went down and signed a piece of paper saying he wanted them to communicate with me because there have always been times I had information they wouldn't listen too when he was working out of town.

waitin4mark
04-26-2011, 07:37 PM
My bf did this during his last prison sentence. They were motioning to suspend his dl so he motioned for an appeal and they granted it until he got out. His payments did not change but he did not ask for that they just did not suspend his licence and when he got out and they tried to do it then he took it to court and they gave him six months to obtain employment but required payments upon FIRST paycheck he got job not necessily six months.

jutemoran2
05-03-2011, 06:52 AM
My bf did this during his last prison sentence. They were motioning to suspend his dl so he motioned for an appeal and they granted it until he got out. His payments did not change but he did not ask for that they just did not suspend his licence and when he got out and they tried to do it then he took it to court and they gave him six months to obtain employment but required payments upon FIRST paycheck he got job not necessily six months.

Got online Modification form, sent it to my son for his signature, got call yesterday & it's been approved. He will not lose DL & can begin payments once he is working. Process took just a week.

Chocoswife29
07-17-2011, 05:17 PM
The child support office here in tampa said i cant get anything while my daughters father is incarcerated till he gets out but that he will be served

ChihuahuaMom
07-18-2011, 11:07 AM
why do they want my info?

For federal income tax information. If you file a joint return, the IRS will keep any refund for the past due child support. You'll have to file an Injured Spouse claim with your income taxes. I've been doing it for a few years now. The drawback is that you can't file electronically. All the forms have to be mailed in. And the processing takes 14+ weeks. But at least my half of the refund doesn't get taken.

Living in different states also complicates matters. Hubby and I were living in Virginia. Hubby owes New York child support. Virginia took over his child support case and collected the money. But didn't send it to New York. It's an ugly battle.

ben's girl
07-18-2011, 05:15 PM
You can file electronically and still file Injured Spouse using H&R Block software. I've done it for the past couple of years with no problem. Part of the process now is about Injured Spouse. The 1st year I had to file it, I mailed in my return and it took forever to get it back. Once I started filing electronically it didn't take as long.

ChihuahuaMom
07-27-2011, 07:32 AM
You can file electronically and still file Injured Spouse using H&R Block software. I've done it for the past couple of years with no problem. Part of the process now is about Injured Spouse. The 1st year I had to file it, I mailed in my return and it took forever to get it back. Once I started filing electronically it didn't take as long.

Is that the free version online? It doesn't work for me.

ben's girl
07-28-2011, 06:46 AM
No, it's not the online version. You have to purchase the software but to not have to wait as long as I did the first time it's worth it. Thankfully I don't have to file that way anymore!

wifeofMichael
07-30-2011, 03:41 PM
I used the IRS website and I *think* the form is on there too. I didn't have to file it this year because he was out of the home until August so I filed Head of Household. I used H&R block the last time we filed jointly and it was well worth the price to be able to file electronically. Didn't take near as long.