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Raising Children with Parents in Prison For the Parent left behind with children AND for the Children that have a parent inside. Discussion of unique challenges facing this group!

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  #1  
Old 07-17-2012, 03:43 PM
bnbjea bnbjea is offline
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Default DHS wanting to get child support

My fiance is locked up and will be home in December. I was pregnant with our daughter whenever he got put in jail. Well now that she's born I'm trying to get medicaid on her due to me being out of work at this time. When I called they asked me if I agreed to work with the case worker to get child support from him. I was thrown off by the question because I'm not asking to receive a check from them...all I want is to receive medicaid for my daughter. I told them NO. I didn't tell them he was in jail because I'm afraid they will hold him when his release date rolls around because he can't pay child support in jail. I talked to him about it and he said they can hold him for an additional 180 days if the child support isn't paid. I DON'T KNOW WHAT TO DO! Her 2 month shots are coming up and I don't know what I'm going to do about it. Has anyone else dealt with this?! I live in TN and need some help. They told me that unless we are married or living together that he would have to pay child support.
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Old 07-17-2012, 05:31 PM
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you have to do what you have to do for your daughter. I was on cash aid for a few months after my daughter was born and a part of that is filing a case with child support. my man was served papers while he was still in county. he didn't care. he knows our daughter is more important. there are different laws in different states BUT your daughter needs to come first. get the insurance that she needs. god forbid something was to happen to her and you end up in debt due to unpaid medical bills. best of luck!
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Old 07-17-2012, 05:58 PM
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Check with where he is at, there are programs in some states that he can work in there to pay towards the state for his child support texas has a program like that I just heard about from a friend//
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Old 07-17-2012, 06:24 PM
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Is he in the Birth Certificate? Because I know here in Cali if you are not married the father has to sign the Bith Certificate... The reason I am saying that is because if he is not in the Birth Certificate you can claim father as unknown and bc you do not know who the father is you can't claim child support.... I have a friend who did that... (Which I wish she should of not because the father doesn't do anything for her or her baby).... Once you say the father is unknown you cannot change it... So think about it twice or even three times before you do that... But every state works differently... I agree with he_is_missed do what you have to do... your baby is your priority... I don't think time can be added but IDK.... Best of luck!
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Old 07-17-2012, 07:32 PM
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Quote:
Originally Posted by BayBee_Cakes
Is he in the Birth Certificate? Because I know here in Cali if you are not married the father has to sign the Bith Certificate... The reason I am saying that is because if he is not in the Birth Certificate you can claim father as unknown and bc you do not know who the father is you can't claim child support.... I have a friend who did that... (Which I wish she should of not because the father doesn't do anything for her or her baby).... Once you say the father is unknown you cannot change it... So think about it twice or even three times before you do that... But every state works differently... I agree with he_is_missed do what you have to do... your baby is your priority... I don't think time can be added but IDK.... Best of luck!
I don't think in Cali can be added either. I just think they have to pay it back once their home. or there would be a LOT MORE men in Cali prisons lol
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Old 07-17-2012, 11:45 PM
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Thank you ladies! I'm going to make a call to DHS tomorrow to talk to someone about if he would get time added. I'm not going to give them my case number or anything. The problem of when he gets out and it has to be paid back is technically I will be having to do that bc he will have a hard time getting a job due to felonies he will have on his record. I guess if I knew 100% they wouldn't try to keep him longer I would not be so hesitate about it. He is on the birth certificate. In other states (my home state) they would only try to get child support if I was receiving a state check from them. Its crazy I think that they MAKE you try to get child support from the father even though they are involved (as much as he can be at this time). I appreciate the comments!
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Old 07-18-2012, 05:21 PM
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Hell yeah DHS wants to get child support from the responsible parents. Who do you think pays for the immunizations? The American taxpayer. The poor sap that drags his/hers ass out of bed everyday, goes to work no matter what, and Uncle Sam that docks our pay for taxes...hell yeah I'd be pissed off is DHS didn't go after some kind of support for each and every child on TANF or Medicaid. It is not the American taxpayers responsibility to pay for any of that. I pay hundreds of dollars a month for my private insurance threw work because I don't qualify for free benefits. I wish I could just whip out a medical card at any clinic, dr office and hospital without co-pay or worries.
That health insurance issue just goes all threw me and it makes me mad to read that someone won't help the system make the responsible party pay his/her part of supporting their child.
Sorry if I offended anyone but I'm just keeping it real.
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Old 07-21-2012, 01:23 AM
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You could always try the WIC program. Im just assuming you have one where you live. My OB sent me over to WIC and they helped me get insurance for my little one through DHS. My sons dad was locked up and i don't ever recall anyone asking any child support question's about him, not right away anyways as i always openly told them he was in prison. When my son was 6 months old i received a letter in the mail saying i had an appointment with friend of the court. I went in and signed papers stating he was in prison and unable to pay at this time and made arrangements for him to come to friend of the court after his release to get the child support rolling. He received papers saying he needed to go see them within 3 business days after his release. Needless to say, he never went and has been in and out of jail a few times since. They never charged him for not making child support payments as no arrangements were ever set up. I don't think they can just spring child support on an inmate. realistically its just a waste of time to do so as they already know it wont be getting paid until they are out and have a job anyway. If they did start racking child support up on him he could always ask to get it temporarily frozen until he gets out. I know people who were paying child support before they went in and thats what they did. Regardless, she needs insurance. Just do what ya gotta do for her.
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Old 08-05-2012, 11:42 PM
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You could also look into a health center. They are all over and offer reduced fees or sliding scales. Immunizations are often offered for free or reduced prices in each county. I take my kids to a sliding scale health center. It costs $25 for a well check. Much better than at a private doctor. We've been going there for a few years and they are great.
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Old 08-06-2012, 05:51 AM
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Default Support Obligation's differ in ever state

Child support requirements while being incarcerated depends on the state... In Ohio, payments were still expected in the past. But the legislators finally woke up trying to impose obligations when inmates have no way to earn money.. And have since changed the law last month to be realistic... And suspend the obligation until the inmate is released....
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Old 08-06-2012, 06:11 AM
CenTexLyn CenTexLyn is offline
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I am curious...if you didn't tell them he was in jail, what DID you tell them for where he was and why he is not presently providing financial support? And hopefully whatever alternate version of his whereabouts was not on a sworn document placing the statement under the penalties of perjury...
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Old 08-15-2012, 10:24 AM
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Here in my state they are not held in jail because they have no means to pay the support. I'd say if you tell them he's in jail they wont hold it against him. I mean he has no way to pay it when he's locked up. Here they give them two weeks upon release to start paying payments but idk how it is in your state. Hope you get it all sorted out!
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Old 08-15-2012, 11:06 AM
benignneglect benignneglect is offline
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If a man has a court order to pay support before incarceration he is still obligated until he petitions the court to have it suspended until his release. And yes, he can do that.

If they are seeking to open a case once he is incarcerated, they more or less want to establish paternity so that when he is released they can petition him for support.

Child support is based on your income, his income and his percentage of time with the child. If he is incarcerated, there is no income to base it on.

If the court orders support based on an inmates salary they would just have to bring it back to court once he is release to re-ajust the ammount of support and they are to busy to keep track of releases and all that. (unlikely they would do that)

So, cooperate with them, and it will not hurt him in his current situation at all. Once he is released they might or might not take him to court to order support. Like i said, they do not keep track of inmates so it will take a while before that would even happen. It usually happens when randomly they run fathers names and if it came up that he had filed taxes, then they might see he is working and ask for a support order then.

Hope that helps
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Old 08-29-2012, 01:28 PM
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a month after my man went to jail, they served him with child support papers because I was getting state assistance. It's bull sh*t because that money is going to be taken from our daughters home anyways when he gets out and starts working and having to pay that back.
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