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NC DOC - What You Need to Know Information relating to the North Carolina Department of Corrections. Q&A for those new to the system should be posted here.

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  #1  
Old 10-16-2009, 11:20 PM
uncc23 uncc23 is offline
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Default Child support filed while in prison

if someone files for child support against someone while they are in prison do they have to owe back child support when they get out
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Old 10-16-2009, 11:33 PM
2021 2021 is offline
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Just off the top of my head - I would think that all depends on the child custody / divorce / separation agreement and what the court has ordered.

Page 16 of the Family and Friends Handbook states: http://www.doc.state.nc.us/Publicati...09Handbook.pdf

"Work Release
Work release is a program that allows selected minimum custody level III inmates the privilege of having a job in the community while being in prison and to prepare them for their release from prison. Inmates on work release leave the prison during the day and return to the prison after their workday is over.
Inmates on work release earn at least minimum wage and from this wage they must pay a portion of the cost of being in prison. Also, they must pay support for their dependents, pay restitution or fines, and pay taxes. Inmates on work release are usually approaching the end of their sentence. Work release is a privilege and not every inmate may obtain work release prior to his or her release. An inmate on work release cannot have any contact with family members at the work release job site."

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Old 10-17-2009, 10:17 AM
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[quote=2021;4994399]Just off the top of my head - I would think that all depends on the child custody / divorce / separation agreement and what the court has ordered.[quote]

2021,

When my son was in prison his child support worker told me by federal law she is required to stop child support from accruing while he is in jail/prison. Of course I didn't take her word at face value and contacted the Child Support office in Raleigh. They informed me that she was correct.

When he got out jail/prison if he could prove he was incarcerated she by law had to remove that portion of child support debt accrued while incarcerated from his arrears.

The money earned from work release is applied to any arrears owed prior to being incarcerated - similar to income tax refunds.

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Old 10-17-2009, 10:28 AM
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Ah ha - learn something all the time in here!! Thanks JJJs!
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Old 10-17-2009, 10:30 AM
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Quote:
Originally Posted by uncc23 View Post
if someone files for child support against someone while they are in prison do they have to owe back child support when they get out
Hi,
According to information given to me by the Child Support division in Raleigh (and by my county worker) child support no longer accrues (adds up) once the parent is incarcerated - in county jail or prison.

Arrears (back payments owed) on child support still has to be paid and work release monies may be applied to that amount.

When a parent is released from jail/prison they may contact their child support county worker and have their child support debt pro-rated to drop the amount owed during incarceration.

Not necessarily the best thing for the child/children but that is federal law according to child support in Raleigh.

[quote from North Carolina DHHS Manual]
web site address: NCDHHS

WORK RELEASE FUNDS WITHHOLDING

  • GENERAL INFORMATION

    G.S. 148-33.1 establishes provisions for sentencing, quartering, and control of prisoners with Work Release privileges. Prisoners who are employed through the Work Release program are required to surrender their earnings to the Department of Corrections (DOC) for disbursement.
    As with other types of wages, child support payments can be withheld from the earnings of NCPs who are participants in a Work Release program. GS 110-136.6 governs the limitations to the amount that can be withheld. For more information, see Maximum allowable percentage.
    CSE NOTIFIED OF WORK RELEASE FUNDS BY DEPARTMENT OF CORRECTIONS

    The DOC interface with ACTS runs every ninety (90) days after the NCP/prisoner's date of incarceration. When an NCP participates in a Work Release program, the DOC interface notifies ACTS, which then notifies all CSE caseworkers with cases containing that NCP as a participant. Upon receiving this notification, caseworkers set the Work Release indicator in ACTS for that NCP, and ACTS generates a Work Release Letter (DSS-4613) at the local office.
    CSE NOTIFIED OF WORK RELEASE FUNDS BY DEPARTMENT OF SOCIAL SERVICES

    Caseworkers can also receive notification of an NCP's Work Release status from the Department of Social Services (DSS) in the county where the client resides. DSS receives notice from DOC when a prisoner is participating in a Work Release program. Local DSS notifies CSE and requests a copy of the court order for child support from CSE if one is in effect. For TANF cases, DSS then sends the order to the DOC Work Release Accounting Unit. Payments are disbursed by DOC as specified in the court order. Therefore, it might be necessary for the local CSE agency to amend an existing court order to allow enforcement activities to be redirected to CSE and payments to be directed to NCCSCC.
    For TANF cases with no order in effect, local DSS advises DOC that the the prisoner's dependents are in need of financial support. Payments in these cases are made directly to the family and counted in the WFFA/TANF budget for eligibility determination purposes. Local CSE should attempt to establish an order for support if at all possible.
    If an NPA case is on file, local CSE notifies DOC about whether or not an order for child support is in effect. If an order is in effect, payments are disbursed as specified by the court order. Again, it might be necessary for local CSE to amend the order to allow enforcement activities to be redirected to CSE and payments to be directed to NCCSCC. If no order is in effect, CSE takes the necessary and appropriate actions to establish an order for child support.
    NONCUSTODIAL PARENT INCARCERATED - NO WORK RELEASE

    If an NCP is incarcerated and is not on Work Release, all of the NCPs CSE cases must be classified as unworkable until the NCP is released.
    DISBURSEMENT OF WORK RELEASE FUNDS

    DOC deducts the cost of a prisoner's upkeep from his/her earnings and also retains a portion of the prisoner's earnings in order to accumulate a reasonable sum that is paid to the prisoner upon parole or discharge from prison. The remaining balance of any earnings can be disbursed according to the following priority:
    1. Payment of travel and other expenses made necessary by the prisoner's employment;
    2. Payments for the support of the prisoner's dependents in accordance with:
        • An order of support of a court of competent jurisdiction; or
        • A determination of dependency status and need made by the local Department of Social Services in the resident county of the dependents;
    3. Restitution as provided in G.S. 148-133.2;
    4. Compliance with any court orders regarding the payment of an obligation for any case before the court.

You may contact the child support division directly in Raleigh to check on your child support information by calling 1-800-992-9457

Triplejs
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ME - living each day one at a time.



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  #6  
Old 10-19-2009, 05:42 AM
ddjoy2 ddjoy2 is offline
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Great information for many. Thanks a bunch TripleJ.
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Old 10-19-2009, 01:06 PM
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I can tell you from experience that the child support order and monies are not established prior to incarcaration, even when on work release child support money will not be deducted. They can not establish how much to garnish until the support money is established. This is only done by getting the inmate into court for child support, something that I have not seen the child support workers do while they are incarcarated.
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