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  #1  
Old 03-02-2009, 10:08 AM
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Question Stopping Child Support Payments

Hello everyone,
My fiance' and I need some help. He will be incarcerated for about 3 years and wants to stop his child support payments while he's incarcerated. Does anyone know how we can do this so that he won't have a lot of back pay building up all this time?
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Old 03-02-2009, 10:05 PM
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This is only my opinion, but I don't think you can. The child still needs to eat, have a place to live, etc. It's not the child's fault that his father is getting locked up. I don't mean to be rude- just honest.
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Old 03-02-2009, 10:22 PM
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well i know that my ex (in cali) wrote a letter to the family court child support division and explained his situation. he sent paperwork showing his dates of incarceration and expected release date. they did stop the monthly payments but kept the interest on the amount he was in arrears with. he still owes the child support just not as much as he would have if he did not contact them. and the monthly amount will start again once he is released.

also if the childs mother is not on welfare she can request that the payments be dropped or lowered while he is incarcerated.
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Old 03-03-2009, 12:05 PM
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Quote:
Originally Posted by Lion's Victory View Post
Hello everyone,
My fiance' and I need some help. He will be incarcerated for about 3 years and wants to stop his child support payments while he's incarcerated. Does anyone know how we can do this so that he won't have a lot of back pay building up all this time?

You may want to take a look here for starters on this matter
http://www.jaxlegalaid.org/v2/pamphl...20Pamphlet.pdf
HOW TO REDUCE OR MODIFY YOUR CHILD SUPPORT PAYMENTS
www.flcourts.org.
You can get free forms here for this type of matter

Alright I took this information below from the booklet. Read the booklet

WHAT IF I AM INCARCERATED?
You should file to suspend your child support as soon as you are incarcerated. If you do not, you will not be protected from contempt charges or writs of attachment (civil warrants). Although incarceration alone is not a basis to stop your child support from adding up, the payments can be suspended while you are incarcerated, and you can request that the payments be restructured to be more manageable when you are released.
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Old 03-03-2009, 03:00 PM
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I understand the kids have needs still but they're not getting paid while he's incarcerated so it makes sense for it to stop adding up. Thanks everyone!!
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Old 03-03-2009, 04:28 PM
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I dont think you can do that either. Once released he will start paying again.
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Old 03-03-2009, 05:16 PM
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My daughter's father is incarcerated. He was picked up two days after she was born. Upon seeing a family attorney, he suggested that I ask for child support but then said he could stop payments while he was incarcerated. He will need to write a letter and have it notarized and sent to Family Court here in our county. He will do this but will still be required to pay any costs that are associated with her doctor's visits and any
TANF (welfare) monies I receive (per the state).
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Old 03-03-2009, 05:20 PM
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You suspend you child support payment during times of incarceration or other hard ships. This doesn't mean that you are Scott free of paying child support upon release. Suspense of child support during incarceration only make sense. How is an individual that is in custody going to make child support payments Now if said parent that in in custody has assets tha can be liquidated I say liquidate the assets and apply it to the child support debit. In most cases they don't I think we all understand the needs of the children here. You can't get blood out of a Turnip the state already has the Turnip in custody
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Old 03-04-2009, 09:06 AM
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That's what I mean. He's not trying to get out of it...it just doesn't make sense for it to be building up and the kids aren't getting money anyway. We're just trying to suspend them not permanently stop them.
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Old 03-05-2009, 03:45 AM
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He (You) should get the paperwork the Florida jurisdiction needs to modify his support order and get it to him right away. 3 years of back child support is already a ton of money! It makes it very difficult for someone to parole to a mountain of debt and succeed, so get it modified as soon as you can. Hopefully Florida is as smart as Oregon (they zero out support for incarcerated obligors until 60 days after they are released) and not as stupid as Colorado (they call prison "voluntary" unemployment and won't lower it more than $50 a month).
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