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Old 10-04-2016, 04:47 PM
mandielizabeth mandielizabeth is offline
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Default Child support payments while in prison?

My boyfriend will be locked up for another 8 years at least. He's been in for 2 1/2 already and has made no child support payments. He was in the military and has just started to receive checks from the VA and wants to start making payments to his ex for the two kids. I'm finding all these conflicting answers to how much he needs to pay and the steps to get there. I am his POA and am in the process of opening him up a bank account. The thing is, he is making $2k less a month than he was when the child support was issued. What kinds of things can I do to help him get all the info he needs? Or, what kinds of things can he do while locked up? He wants to make payments not only to help his kids, but so he doesn't have this huge bill when he gets out with all this interest added to it.
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Old 10-04-2016, 04:52 PM
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Default Organizations in California to help fathers in prison

Are there any organizations in the state of California to help with advice and resources for a father in prison? Like for paperwork for getting child support modified and things like that? My boyfriend is in PVSP and I'm don't live in the state of California and want to help as much as I can.
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Old 10-04-2016, 07:52 PM
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Originally Posted by mandielizabeth View Post
My boyfriend will be locked up for another 8 years at least. He's been in for 2 1/2 already and has made no child support payments. He was in the military and has just started to receive checks from the VA and wants to start making payments to his ex for the two kids. I'm finding all these conflicting answers to how much he needs to pay and the steps to get there. I am his POA and am in the process of opening him up a bank account. The thing is, he is making $2k less a month than he was when the child support was issued. What kinds of things can I do to help him get all the info he needs? Or, what kinds of things can he do while locked up? He wants to make payments not only to help his kids, but so he doesn't have this huge bill when he gets out with all this interest added to it.
If there is a Child support order in effect saying he must pay a certain amount. Then this would be what he has to pay. In order to get his amount of child support change . He would have to file with the court a Child support modification. Which after all new evidence is given the judge will decide if there should be a reduction in the amount of child support
As far as information I can direct you links that will show you what forms you need to file. I can also link you a step by step booklet on how to do it. You will not be able to act on his behalf in court on this matter. A P.OA doe not allow you to practice law for the person you have the P.O.A for. He will need to file and sign the forms in this matter
Start your reading here. Forms are also available at this site
Changing a Child Support Order http://www.courts.ca.gov/1196.htm

Notice of Motion for Simplified Modification” http://www.fresno.courts.ca.gov/_pdf...Support%20.pdf
Follow these instructions just use the court address of the court where you are going to file. Look at you county court web site to see if there are any local forms that need to be filed also. Let me know what county he needs to file in and I will look
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Old 10-05-2016, 10:41 AM
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He is in Fresno County, CA. Thank you so much! That was all very helpful!
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Old 10-05-2016, 11:49 AM
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[quote=mandielizabeth;7571048]He is in Fresno County, CA. Thank you so much! That was all very helpful![/QUOTE


Is the original Child Support Order in this matter out of Fresno County? Just off the top of my head I think any modifications to the original support order must be done in the county in which it was issued from.
Does he have copies of the original order? When he does the modification he needs to use his original case number from the which the order is on. Reason being he is trying to modify a order that is already been ordered .
I also forgot to mention in the last post . He may want to contact the Family Law Facilitator in the county in which he needs to file for some guidance ( not legal advice) on doing this modification of child support
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Old 10-05-2016, 02:02 PM
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Originally Posted by mandielizabeth View Post
He is in Fresno County, CA. Thank you so much! That was all very helpful![/QUOTE


Is the original Child Support Order in this matter out of Fresno County? Just off the top of my head I think any modifications to the original support order must be done in the county in which it was issued from.
Does he have copies of the original order? When he does the modification he needs to use his original case number from the which the order is on. Reason being he is trying to modify a order that is already been ordered .
I also forgot to mention in the last post . He may want to contact the Family Law Facilitator in the county in which he needs to file for some guidance ( not legal advice) on doing this modification of child support


That stuff I'm not sure on. I'll have to write him and send him all this information. Thank you so much! You have been a hug help!
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Old 10-22-2016, 07:07 AM
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My exhusband has a CS order from L.A. County. The CS office got wind of him being in prison and they took ME back to court to drop his support to ZERO. You may want to look into that if he wants his dropped or lowered. It's not fair but it may be some new law.
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Old 10-22-2016, 07:39 AM
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Unless the law has changed he doesn't owe child support for any months he is incarcerated.
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Old 10-22-2016, 11:19 AM
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Originally Posted by Patrickj View Post
If there is a Child support order in effect saying he must pay a certain amount. Then this would be what he has to pay. In order to get his amount of child support change . He would have to file with the court a Child support modification. Which after all new evidence is given the judge will decide if there should be a reduction in the amount of child support
As far as information I can direct you links that will show you what forms you need to file. I can also link you a step by step booklet on how to do it. You will not be able to act on his behalf in court on this matter. A P.OA doe not allow you to practice law for the person you have the P.O.A for. He will need to file and sign the forms in this matter
Start your reading here. Forms are also available at this site
Changing a Child Support Order http://www.courts.ca.gov/1196.htm

Notice of Motion for Simplified Modification” http://www.fresno.courts.ca.gov/_pdf...Support%20.pdf
Follow these instructions just use the court address of the court where you are going to file. Look at you county court web site to see if there are any local forms that need to be filed also. Let me know what county he needs to file in and I will look
Took your words right out of my mouth, if she is his POA, I believe under law, she can get the correct paper work send it to him, send it back for modification of child support while in prison. She will also need a signed and legal notary that she has his permission to appear on his behalf in front of a judge. From there he should be able to get his child support reduced. Without interest. A friend of mine whose son is not in prison was paying 2K a month, became unemployed, asked for a mod and was granted, without interest.
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Old 10-23-2016, 01:54 PM
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Took your words right out of my mouth, if she is his POA, I believe under law, she can get the correct paper work send it to him, send it back for modification of child support while in prison. She will also need a signed and legal notary that she has his permission to appear on his behalf in front of a judge. From there he should be able to get his child support reduced. Without interest. A friend of mine whose son is not in prison was paying 2K a month, became unemployed, asked for a mod and was granted, without interest.

True with or without a P.O.A. she may obtain all forms that are needed to file for this modification of child support. He will need to submit them by mail to the courts . As far as her being granted to appear for him at court under a P.O.A. Could be questionable. It would also be wise for him to contact the Family Law Facilitator, in the county which he is filing in to seek guidance in this type of matter since he is in custody, It will be very hard for him to appear on this type of matter.
He still will need to arraign "Service" on the other party , so that they may respond. It can be a pain but anyone that is in custody can get their child support lowered. Failure to file for a modification only leads to more interest and back child support.
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Old 10-23-2016, 01:57 PM
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Unless the law has changed he doesn't owe child support for any months he is incarcerated.
If you do not put in for a modification of child support order. The original order will stand in affect with support and interest building up. The courts must know you are in custody and unable to meet you financial responsibility of the order
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Old 10-23-2016, 07:44 PM
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Originally Posted by mandielizabeth View Post
My boyfriend will be locked up for another 8 years at least. He's been in for 2 1/2 already and has made no child support payments. He was in the military and has just started to receive checks from the VA and wants to start making payments to his ex for the two kids. I'm finding all these conflicting answers to how much he needs to pay and the steps to get there. I am his POA and am in the process of opening him up a bank account. The thing is, he is making $2k less a month than he was when the child support was issued. What kinds of things can I do to help him get all the info he needs? Or, what kinds of things can he do while locked up? He wants to make payments not only to help his kids, but so he doesn't have this huge bill when he gets out with all this interest added to it.
I faced a similar situation when my husband (then BF) went to prison. he was ordered to pay child support. I contacted the child support agency myself and we submitted the paperwork to get his payment suspended while he was incarcerated. Only interest kept accruing. My husband had no income at all though. I also had POA.

I would call the child support agency that has jurisdiction over his case and talk to them about the matter. I would also caution to not open a bank account yet- if they find it- and they will, they will get a court order and take all the money out of it to go towards his arrears. I am not saying for him not to pay, I am just saying be cautious as you do this. Don't give them a lot of information yet on his income or anything yet. Just call and explain he is incarcerated and ask how they want you to proceed. They will change it in the system to show he is incarcerated and direct you from there.

I did all of this successfully for my husband the whole time the child support orders were in effect.

That is what I would recommend. Feel free to PM me if you have more questions.
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