What happens to child support payments when he goes to prison?
my boyfriend of 3 years has been locked up since march ... he has a 2 year max sentence. he and his ex have a 9 year old daughter. i was just informed by friends of the ex that she is planning on getting child support for the little girl. i dont have kids so i have NO clue how this works. so maybe if yall can share some insight with me. right now the daughter doesnt even live with the mom shes staying with her grandma(moms mother) and has been there over a month. the ex has no place to stay no job and 2 other kids by another guy. i have no problem with us paying child support for her, but we choose not to give them money now cause it will only go to support the ex and bf's habit, not the daughter. so instead of giving them money i buy her other things, we gave them a washing machine when theirs broke, i bought all her school supplies and new school clothes, and last week i bought her a new pair of shoes and outfit and a bookbag, just because she needed them. Even thought my bf is locked up I still do alot for his daughter. i let her come stay with me every chance im off on the weekends and everything. i just want to know whats going ot happen with the child support thing. the daughters mother,the ex, seems to think that she will file for it now cause if he dont pay he will be on parole and she can have him sent back to jail. im just worried that when he comes home he will owe an outrageous amount and it will get our new life together started off on the wrong foot. any insight yall have on this kind of stuff will be helpful ...
also do you have to take a drug test of some sorts for this kind of stuff .... im not worried about my guy.. its the ex thats dirty...
Will was in a somewhat similar situation. I don't know all the details because I was not there but I do know that the judge mandated that while he is incarcerated he does not have to pay child support. If you haven't done so already I would start keeping receipts and keeping a log book of what you spend just in case. And in my opinion if the child is living with someone other than her mother than it should be the person who is caring for the child to get the money. If possible you may want to speak with a lawyer or a social worker. It seems the mother is not in the best situation right now to be caring for a child and you are making an effort to see to the child's welfare on behave of your boyfriend. All this needs to be documented because it will help you later on if you have to go to court. CYB(cover your butt).
Married to my soulmate on December 3, 2005.
Technically speaking, I don't think that you all will legally have to pay anything. I mean, he is locked up and it is he that would have been ordered to make payments. Once he gets out they will resume and he might even be ordered to cover back payments.
I do however think it is good of you to continue to look out for this little girl.. Sounds like her mother is not doing so hot if she needs or has to stay with the grandparents.. And if there are drugs involved, I'm sure that is better anyways..
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In Michigan if you prove to the Friend of the Court (they handle Child Support here) that you are incarcerated then they will suspend payments until you are released. However - they will not wash away back child support if you don't contact them when you first enter. I would call the people who handle CS in your state and let them know what your situation is. There may be something that can be sent to them - or you may try their website. Here is one I found. http://ocse.dhr.georgia.gov/portal/site/DHR-OCSE/
Yeah, talk to the child support authorities and explain your side- and somebody shoud talk to her and tell her that if she really wants the best for those kids (which even mothers with bad habits are not totally untouched by) she will NOT play games with his life right now. She will pray and hope and cheer him on to where he becomes such a success that the child support will be NO PROBLEM. But she needs to refrain from adding to his misery.
Save the receipts from the things you provide for the child, by the way- if she does "go legal" on him (kinda ike going postal) it may help.
"It is dangerous to be right when the government is wrong."- Voltaire -
[François Marie Arouet] (1694-1778)
Diamond: a lump of coal that did well under pressure