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only with the court's permission

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โˆ™ 2009-11-30 22:33:58
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Q: Can a custodial parent waive back child support and keep the non-custodial parent from going to prison?
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Do you still have to pay child support to the custodial parent even if they are in or going to prison?

You have to obey the orders of the court until they are modified after an appropriate motion has been filed with the court and approved by the judge. The court will generally act independently and it is up to the noncustodial parent to seek a termination or suspension of the child support and seek custody of the children.

Does a non custodial parent still have to pay child support when the custodial parent is in jail?

Yes, unless the non-custodial parent gets custody. In that case the non-custodial parent must file a motion to terminate the child support order. The child support should be paid to whoever has custody of the child. If it's not the non-custodial parent then the child support order should be modified to reflect the party that should receive the child support payments. You have to pay for your child so you have to pay to the one who has custody while the other parent is in prison. If the state has custody you will pay the state.

Can a custodial parent sign over temporary custody if the non custodial parent is in prison?

No. Only the court can enter an order of temporary custody. With the non-custodial parent incarcerated and with the consent of the custodial parent the court would likely approve a temporary guardianship that is in the best interest of the child.

If a non custodial parent has been in prison for ten years of the child's life are they required to make back child support payments for the time period that they were in prison?

Most likely, no. But the custodial parent could (possibly) get a court order for them to pay it. Most people would just be satisfied to have the payments resume and not request back payments.

Who gets custody of kids when custodial parent goes to prison?

the noncustodial parent, or sometimes if there are other issues involved, you may be able to assign temporary custody to another relative. In either case, you should consult a family law attorney to avoid the kids being placed in foster care.

Will the judge change custody over to the non custodial parent if the custodial parent went to prison?

The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.

Do you still have to pay child support to the custodial parent even if they are in or go to prison?

Yes until the order is modified to route the money to whoever has the child. Contact child support enforcement. see links below

Can the custodial parent continue to receive child support payments if they are in prison in Tennessee?

If the parent is in prison the child is no longer considered to be in above said's custody. Unless it was an overlook by the state, the incarcerated parent should receive no benefits for the child, as those benefits are marked for use by the person or institution with physical and legal custody of the child or children.

If you were in prison is there a way to reduce the amount of child support owed to the state of Texas for government assistance paid to the custodial parent during that time?

File a motion to modify. In 2000, Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement ruled that support cannot accrue while in prison.

Does a 69 year old man still owe his 23 year old daughter child support if he went to prison for ten years when she was nine?

In the legal context whenever an order of support exist the non custodial parent is responsible for the amount cited regardless of the circumstances that occur during the time the order is valid. Arrearages for support are still valid and collectible evenwhen the "child" has reached the legal age of majority. In other words, if the non custodial parent owed X amount of dollars before the child reached the legal age he or she still owes that amount. What action might be taken to collect depends upon how the child support was to be paid. Whether directly to the custodial parent or through the state's child support enforcement agency.

If your child's father doesn't stay out of prison long enough for child support to be ordered can you still collect back pay once he is released or the child turns 18?

It's quite possible, the time frame depends upon the state SOL pertaining to child support. The custodial parent can file in the state where the order was granted or in the state where the non-custodial parent resides. The petitioner should choose the state with the longest Statute of Limitation's when filing the claim.

If the father of your children is in prison in Florida will the state pay child support and then your kids father pay it back when he gets out?

The state will not pay child support. The state may grant TANF and/or medical assistance to the child/custodial parent if they are indigent. If so, or at the CP's request, the state will attempt to collect the past-due support.

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