View Full Version : How does child support work while he is incarcerated?


JAZZYJAZ
07-24-2012, 11:59 PM
my bf has 2 children from a previous marriage - he has to pay 550 a month in child support but since hes incarcerated i know its going to accumulate so he was asking me to look into anything he can do about it - atleast lower it while hes in jail or something - i know courts are strict about that, and dont get me wrong he always paid his child support - and i dont even put him on it cause honestly i feel bad that he will have all the child support stacked up. He got sentenced to 8 years so he thinks if it gets stacked up that when he get out he will go back in jail for back pay - also he is worried that if he does contact the child support that they might start taking a percentage out of his commissary money? He doesnt get that much money since i cant afford to put that much in it - If so how does that work - i told him he should just do that tho.

waitingformyluv
07-25-2012, 04:48 AM
We knew when my guy was going in and so we looked in to it. We were told that it needed to be noted in writing. I wrote a letter to the child support people and explained the situation. Here is the address. It could differ if you're in another area of Texas, I'm not sure. I hope this helps.

FT WORTH NORTHEAST
CHILD SUPPORT UNIT 0906E
7419 PEBBLE DRIVE
FORT WORTH, TX 76118-6962

RobinsMan
07-25-2012, 07:44 AM
His only chance of not having child support pile up on him while he is locked up is to hire a lawyer to go back to the court that issued the divorce decree and try to get the judge to reassess the amount of child support he should have to pay. The amount of monthly child support due, down to some minimum, is based on income of which he presumably has none.

IloveChris
07-25-2012, 01:17 PM
They are still held responsible regardless if.incarcerated. I looked into it as well for my husband. Unless you plan on paying it for him while he's away it doesn't stop. Only thing is he can write to request for them to lower it. It's something he has to do. If he wants you to be able to call to.inquire on info on his behalf they are going to want him to sign something they can send him giving you authority.

JAZZYJAZ
07-25-2012, 09:24 PM
Before he got sent to jail he had went up there with our sons birth certificate to see if they can lower it, saying he has a new baby - the lady inside the child support office said since i was working i dont need child support and he cant add his child on child support and just because he had another kid doesnt mean he gets his child support lowered - but now i dont work im a ft student and i personally think its unfair that this girl is gettin child support when she doesnt even take the kids to see him! Personally, i just dont have the heart to put him on child support especially under these circumstances that hes incarcerated and obviously has no money to give me!

If he does send in a request, how does that work? From what i read online is child support doesnt care if the person is in jail - What can he put in the request to make them think about lowering it? Has anyone had child support take out their commissary? Do u know how that works?

RobinsMan
07-26-2012, 12:32 PM
He can't just send a request to the court. He needs an attorney to bring suit before the court and make an argument for applying the Child Support Guidelines to his current income, which is presumably $0 as an inmate. This is hardly a slam dunk but it is the only possibility of lowering his obligation while he is locked up. I think that much depends upon a combination of the temperment of the judge, the capability of the persons attorney to make a good argument and perhaps the circumstances surrounding the incarceration. I have heard of both successes and failures but there will be no change without this effort.

IloveChris
07-26-2012, 06:30 PM
He can't just send a request to the court. He needs an attorney to bring suit before the court and make an argument for applying the Child Support Guidelines to his current income, which is presumably $0 as an inmate. This is hardly a slam dunk but it is the only possibility of lowering his obligation while he is locked up. I think that much depends upon a combination of the temperment of the judge, the capability of the persons attorney to make a good argument and perhaps the circumstances surrounding the incarceration. I have heard of both successes and failures but there will be no change without this effort.

I don't know if you were referring to my post...I wasn't saying he would have to write the child support office. My husband did that but cause his payment is already @ the minimum allowed, they said no to an adjustment.

tdtillman
07-26-2012, 07:36 PM
I understand your question and understand your concern, but I also have a question. Why is it ok for a parent to think they shouldn't be held responsible financially for a child(an innocent being that didn't ask to be here) because they made a mistake and or committed a crime knowledgeably and won't be able to work for the term of their sentence? Is it fair to the children or the responsible parent or guardian to have the financial responsibility placed solely on them? I know this wasn't what you are seeking answers to and I also know this is a place to get support for questions, feelings, and concerns we have for our LO's but I'm really just trying to understand the logic behind the situation. I'm not judging you or condemning you for your question.

hoggg'swifey
07-27-2012, 04:47 PM
The logic behind getting the payments lowered have to do with our LO's not being sent right back to jail duh! And NO it shouldnt be all on 1 parent but why add stress to an already hurtful situation its not like the Fathers DONT WANT TO PAYOR NOT SEE THEIR CHILDREN THEY JUST DONT WANT IT PILED UP IF IT DOES GUESS WHAT DAD GOES BACK TO JAIL FOR NONPAYMENT OF SUPPORT! SO NOW YOU CAN TELL THE KIDS DAADY IN JAIL BECAUSE HE DIDNT PAY HIS CHILD SUPPORT WHILE HE WAS IN JAIL BEFORE.SO WHO IS BENEFITING FROM THIS TDCJ,YOU,THE INNOCENT KIDS AND YOU(WE) STILL WILL BE TAKING ALL THE FINANCIAL RESPONSIBILTY AND THE STATE WILL GET THEIR MONEY THEN YOULL GET YOURS EVENTUALLY.NOW IF THEY ACTUALLY GOT PAID FOR THEIR JOBS THEN IT MOST DEFINATELY WOULD BE A DIFFERENT STORY.

nmiller855
07-27-2012, 09:44 PM
I have a few questions that apply to parents both in the inside & outside:
Do you think the bills go down for the custodial parent when the non-custodial parent does not pay. You can't go'to the landlord & say that because the other person does not pay for whatever reason your rent & utilities should be lowered. Child support can be lowered by the court & that just makes harder to feed & clothe the kid(s).
The second part is why should the child support be lowered when a parent decides to go start another family? They & the person they get involved with know there are previous children. The original support is based on a percentage of income for the first child. I'll use the figure of 25% for the first child. When the second child comes along, they don't get an additional 25% they get something like 3% for a total of 28% not 50%. Then the third child comes & they only get 2% for a total of 30% not 75%.
If you choose to have a baby with someone that already has kids you are at risk of only getting 2% of their salary not an additional 25%. Put yourself in the 1st custodial parent's shoes because you may split from the other parent & you shouldn't get your percentage cut in half if the other parent has more children.
The court assessed the percentage of child support for the original children. Whatever children come after that will get progressively smaller percentages.
I've heard the argument that mom's don't use the child support for the kids. Basically if there is a mom & 2 kids then 2/3s of most expenses such as rent, utilities, food should be paid for through the child support.
5

tdtillman
07-28-2012, 09:52 AM
The logic behind getting the payments lowered have to do with our LO's not being sent right back to jail duh! And NO it shouldnt be all on 1 parent but why add stress to an already hurtful situation its not like the Fathers DONT WANT TO PAYOR NOT SEE THEIR CHILDREN THEY JUST DONT WANT IT PILED UP IF IT DOES GUESS WHAT DAD GOES BACK TO JAIL FOR NONPAYMENT OF SUPPORT! SO NOW YOU CAN TELL THE KIDS DAADY IN JAIL BECAUSE HE DIDNT PAY HIS CHILD SUPPORT WHILE HE WAS IN JAIL BEFORE.SO WHO IS BENEFITING FROM THIS TDCJ,YOU,THE INNOCENT KIDS AND YOU(WE) STILL WILL BE TAKING ALL THE FINANCIAL RESPONSIBILTY AND THE STATE WILL GET THEIR MONEY THEN YOULL GET YOURS EVENTUALLY.NOW IF THEY ACTUALLY GOT PAID FOR THEIR JOBS THEN IT MOST DEFINATELY WOULD BE A DIFFERENT STORY.

First and foremost I was very respectful when asking my question please don't be cynical.
Helping out in a stressed situation?!?! So the responsible parent that is left to take care of the children alone isn't stressed with a heavy load to carry solo? The responsible parent should explain to the kids why their father is back in prison?!?! I understand we all love our LO's but right is right and wrong is wrong. I don't understand how anyone can say that the guardian/parent raising a child alone should have to lower or stop child support, help relieve a stressed situation that was not theirs or the child's fault, and make life easier for the parent that is incarcerated. If they choose to that's fine but to be angry because they choose not to is crazy. Nobody is helping them with the bills and kids emotional and financial needs. They aren't getting a break so why should the parent that was irresponsible get a break?

hoggg'swifey
07-28-2012, 04:01 PM
First and foremost I was very respectful when asking my question please don't be cynical.
Helping out in a stressed situation?!?! So the responsible parent that is left to take care of the children alone isn't stressed with a heavy load to carry solo? The responsible parent should explain to the kids why their father is back in prison?!?! I understand we all love our LO's but right is right and wrong is wrong. I don't understand how anyone can say that the guardian/parent raising a child alone should have to lower or stop child support, help relieve a stressed situation that was not theirs or the child's fault, and make life easier for the parent that is incarcerated. If they choose to that's fine but to be angry because they choose not to is crazy. Nobody is helping them with the bills and kids emotional and financial needs. They aren't getting a break so why should the parent that was irresponsible get a break?

This is MY PERSONAL OPINION.....How can MEN/WOMEN that are incarcerated1. pay the support 2. Even help you by giving you a break by spending time with the kids?? 3. Bills- bills are a part of life hell I have 3 kids and yes its hard but you do what you have to for your kids if you dont care how much he gets in debt and yall have a bad relationship cool sock it to him. Me personally I have 3 BD and only 1 is on support if he gets incarcerated if he asked me to lower it I would seeing that I dont get a welfare check and if you do the money you get from the state has to be repaid its not coming outta the commissary but from taxpayers who work hard and whenever he starts back to work the state gets theirs 1st and you get whatevers left over. Im not sayn they should be left off the hook for child support but nine X's outta 10 you knew what kind of Man your LO was before getting pregnant and having kids didnt change him but not all men are the same. Didnt mean to be rude but im a capricorn and I tend to speak my mind without regard to anyones feelings. If he cant pay he still gets to see his daughter with no hard feelings. And he isnt in prison. So whats the difference with millions of men/women who arent n jail and dont pay support or see their kids???

tdtillman
07-28-2012, 06:23 PM
This is MY PERSONAL OPINION.....How can MEN/WOMEN that are incarcerated1. pay the support 2. Even help you by giving you a break by spending time with the kids?? 3. Bills- bills are a part of life hell I have 3 kids and yes its hard but you do what you have to for your kids if you dont care how much he gets in debt and yall have a bad relationship cool sock it to him. Me personally I have 3 BD and only 1 is on support if he gets incarcerated if he asked me to lower it I would seeing that I dont get a welfare check and if you do the money you get from the state has to be repaid its not coming outta the commissary but from taxpayers who work hard and whenever he starts back to work the state gets theirs 1st and you get whatevers left over. Im not sayn they should be left off the hook for child support but nine X's outta 10 you knew what kind of Man your LO was before getting pregnant and having kids didnt change him but not all men are the same. Didnt mean to be rude but im a capricorn and I tend to speak my mind without regard to anyones feelings. If he cant pay he still gets to see his daughter with no hard feelings. And he isnt in prison. So whats the difference with millions of men/women who arent n jail and dont pay support or see their kids???

I don't think there is a difference! Anyone who doesn't take care of their children financially, physically, and emotionally are are neglectful parents in my eyes weather you are in jail or out of jail.
P.s. I'm a Capricorn, your sign doesn't determine how you respond to people.

hoggg'swifey
07-28-2012, 06:58 PM
I don't think there is a difference! Anyone who doesn't take care of their children financially, physically, and emotionally are are neglectful parents in my eyes weather you are in jail or out of jail.
P.s. I'm a Capricorn, your sign doesn't determine how you respond to people.

LOL.....Touche.....Look you have YOUR OPINION I HAVE MINES..I NEVER SAID NOW GO BACK AND READ! THAT A PARENT SHOULDNT PAY THERE SUPPORT/Nor not be there for their kids. I WAS SIMPLY STATING THAT I OR ANYONE ELSE COULD GET PAYMENTS REDUCED FOR THEIR LO. SO IT WOULD NOT GET STACKED UP. YOU HOWEVER I SEE COULD CARELESS IF YOUR LO HAD BACK SUPPORT STACKED UP AGAINST THEM ANOTHER STRIKE AGAINST THEM SEEING HOW THEY COULD GET THEIR LICENSE REVOKED GARNISHED WAGES ETC. BUT UNTIL YOU PERSONALLY HAVE BEEN IN THE SITUATION I WOULDNT SPEAK ON IT SINCE YOU AND YOUR LO HAVE KIDS TOGETHER AND YOU HAVE HIM ON SUPPORT I GUESS SINCE HE IS NEGLECTING HIS DUTIES AS A PARENT AS WELL....NOW IM BEING A %+$H.

Renee
07-28-2012, 08:45 PM
Okay, everyone has an opinion. Let's get back on topic. The OP asked how child support in TX works. No more bickering, please.

rlwhitmore
07-28-2012, 10:29 PM
My hubby has child support in another state. He requested a hearing for lowering. Since he is incarcerated, it was all done via mail. They will not stop it, but they (at least in hubby's case), did lower it to minimum wages rate. We did not need an attorney.