NO! I know it is crazy but unfortunatley they do not have to now!
No.
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.
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.
If the court ordered support is in arrearage, all assets of the obligated parent are subject to seizure.
An obligated parent can be incarcerated, but it rarely happens as judges realize the person would then be without the ability to earn income and pay the ordered support. If the judge should decide to incarcerate a non compliant parent on a charge of contempt that person would be sent to jail, (not a state prison), in the county or perhaps city where they are a resident.
That's a decision of the court on a possible emancipation, but if not, should go to the state, along with the other parent being obligated to pay. see link below
No. Unless specifically ordered otherwise, child support payments go to the custodial parent as ordered.No. Unless specifically ordered otherwise, child support payments go to the custodial parent as ordered.No. Unless specifically ordered otherwise, child support payments go to the custodial parent as ordered.No. Unless specifically ordered otherwise, child support payments go to the custodial parent as ordered.
It designates that the obligated parent no longer has automatic deduction (garnishment) of their wages or is required to render the child support payment directly to the authorized state agency, but instead is to pay the stipulated amount to the custodial parent or guardian of the minor child. It does not mean that the obligated parent has been released from the original child support terms as ordered by the court.
No. Child support is an active order of the court and the obligated parent should not cease paying as ordered regardless of the change of circumstances. To do so would leave the obligated parent in a position to be charged with contempt of a standing court order and subject to penalties including the possibility of incarceration.
Based on your unemployment amount. see links
i am a custodial parent in Michigan. I've been to court to fight it, but unfortunately it is law that if the noncustodial parent is incarcerated they do not owe child support for the time that they are locked up. but if they owe back child support then you can seize anything they own.
If the incarcerated person was not incarcerated for the entire year, he was still an eligible dependent. Also, if the incarcerated person is under 18 and the parent's provide his support while he is incarcerated he can also be claimed as a dependent.