Yes according to Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement.
No but she must notify the court of her incarceration and request a temporary modification if there is an outstanding child support order. Otherwise, the arrears will continue to build up.No but she must notify the court of her incarceration and request a temporary modification if there is an outstanding child support order. Otherwise, the arrears will continue to build up.No but she must notify the court of her incarceration and request a temporary modification if there is an outstanding child support order. Otherwise, the arrears will continue to build up.No but she must notify the court of her incarceration and request a temporary modification if there is an outstanding child support order. Otherwise, the arrears will continue to build up.
NO. That would not be a reason to lower the amount of the arrears. The arrears would stand and other means could be used to collect such as wage garnishment, taking tax refund, incarceration, etc.NO. That would not be a reason to lower the amount of the arrears. The arrears would stand and other means could be used to collect such as wage garnishment, taking tax refund, incarceration, etc.NO. That would not be a reason to lower the amount of the arrears. The arrears would stand and other means could be used to collect such as wage garnishment, taking tax refund, incarceration, etc.NO. That would not be a reason to lower the amount of the arrears. The arrears would stand and other means could be used to collect such as wage garnishment, taking tax refund, incarceration, etc.
There is no way for an incarcerated parent to fully meet support obligations, unless of course, the incarcerated parent has a business or other form of income that remains uninterrupted during the period of incarceration. However, if those conditions do not apply, the incarcerated parent re-assumes child support obligations when released from prison and is also responsible for the amount that accumulated in arrears when they were unable to pay.
Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement ruled in 1998 that an incarcerated individual cannot be obligated to pay or accumulate arrears on child support.
No. Only payment or a judicial reduction will reduce the amount you owe.
Assuming you are referring to SSDI, yes. However, as there is also a retroactive child benefit check, that would first be deducted from the arrears. This amount is not deducted from what he receives. Further, if the arrears are a result of the time period it took waiting the approval, that the possibility exist that a motion could be filed for a reduction of the arrears.
Good question! I'm not an attorney, but I should hope that child support is not required if the juvenile is vacationing at the State Hotel. I know that people do not get SSI while incarcerated. Check with an attorney, or with someone at Family Court in your state.
In my sister's case the child support payments are only defered until he serves his 2-10 years. They will only continue to add up until he has payed the amount in full. This would also depend on what state you are in. We are in MI.
This is interpretive and would need to be decided by family court. Certainly, if the money goes into a joint account, it can be taken. Why is he in arrears? Are there justifiable grounds for a reduction in the arrears? see links below
arrears
No, only to the filing, but under certain circumstances, you can file for a reduction in any arrears. Read link by Judge Ross.
statement of arrears