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Single Parents Network    Single Family Voices - For Single Parents Online     Single Parent Forums  Hop To Forum Categories  Child Support    Can he claim 'undue hardship' if/when he goes to jail?
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My ex has been charged with impaired driving, and could be looking at some jail time as a result; likely less than six monthes. What will happen with his child support throughout that time? Can he apply to have it reduced or forgiven on the grounds of "undue hardship" since he won't be able to work? TIA!
 
Posts: 35 | Location: Alberta, Canada | Registered: 21 July 2005Reply With QuoteEdit or Delete MessageReport This Post
"Active Board Parent"
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That depends on local law... He brought this undue hardship on himself, their for he should be made to pay up. If not during his jail term, then make up any losses after his jail term... Consquences of his actions, He didn't have to drive drunk... Their are Cab's, Busses, Heck even having his car towed home would've been the smart moves.

My son's birth mother's EX drove drunk, WITH Andrews 1/2 brother in the car, no booster seat eather. He did 14 months, AND had to pay Child Support...

Good Luck
 
Posts: 299 | Location: Lynnwood, Wa | Registered: 03 December 2005Reply With QuoteEdit or Delete MessageReport This Post
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My ex was in federal prison and meanwhile the child support stacked up waiting faithfully for him to get out. He was in for something like 15 months.
 
Posts: 615 | Location: Dallas/Ft. Worth | Registered: 15 November 2005Reply With QuoteEdit or Delete MessageReport This Post
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Thanks everyone! Pretty grim situation we're all in, huh? I doubt he'll get much time, but he sure doesn't deserve to be excused for the support, either. Like the pp said, he brought this on himself.
 
Posts: 35 | Location: Alberta, Canada | Registered: 21 July 2005Reply With QuoteEdit or Delete MessageReport This Post
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If he goes to jail/prison his child support will continue to accumulate unless he files a motion to temporially (sp sorry) suspened currant support. How much does this guy owe you if you don't mind me asking.
 
Posts: 21 | Location: Illinois | Registered: 01 January 2006Reply With QuoteEdit or Delete MessageReport This Post
Learning to Surf The Board
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Found this while doing some research and thought I would pass it on to you.
My child's parent is incarcerated. What can I do?
You may want to write to the warden of the prison and ask if any provision is made for a prisoner to provide support for his or her children. The parent may be able to earn some money from a job in prison or from a work-release program. For information on state and national contacts of organizations providing services for families of people in jail, you may want to visit this site: http://www.fcnetwork.org/

The Bureau of Prisons has an inmate locator, bop.gov, for looking for inmates of federal prisons. If locating someone in a federal prison is necessary, the CSE agency may find that information useful. This is not a site that we in the Administration for Children and Families control. Also, we understand that they monitor visitors. States differ in how they handle child support cases when the parent obligated to pay support is in prison. Most States will not put child support on hold while a parent is in prison. Arrearages grow unless the parent petitions successfully to have his support order modified. Some States, not all, may seek to execute a lien against assets, such as property, or garnish any income such as wages from a work-release program, while the parent is in jail. Some states will consider a hold on child support so that the arrearage won't be so big that that the parent would hide when he or she gets out. Child support workers sometimes decide that it is better to get the parent to resume regular payments than to disappear. State child support enforcement laws and procedures vary, and the State Child Support Enforcement Agency can answer specific questions about child support enforcement when the obligated parent is in jail.
 
Posts: 21 | Location: Illinois | Registered: 01 January 2006Reply With QuoteEdit or Delete MessageReport This Post
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quote:
Originally posted by Dawn-IL:
[qb] If he goes to jail/prison his child support will continue to accumulate unless he files a motion to temporially (sp sorry) suspened currant support. How much does this guy owe you if you don't mind me asking. [/qb]
Sorry I didn't get back to this thread before now! Dawn, at this point, we're sitting with no current court order.. we had interim interim orders before, but nothing current. My lawyer is working on it, though. With the previous orders, he was to pay $1500/month for spousal and child support, as well as maintain the mortgage payment of $600/month as part of spousal support. In December, I found out that he'd defaulted on the mortgage for Nov. and Dec., and that foreclosure proceedings have started. He hadn't paid anything for support either, at that time, but finally paid $1500 on the 20th of December. Since then, I've received nothing, but I did find out that he caught up the Nov. and Dec. mortgage, so now he's in arrears for January's payment, and as I said, he's paid nothing for support since then.
 
Posts: 35 | Location: Alberta, Canada | Registered: 21 July 2005Reply With QuoteEdit or Delete MessageReport This Post
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