Child support lawyers in Norristown, Pa, would tell you that a parent’s obligation to pay child support doesn’t stop when they’re in incarceration. While no parent ever plans on going to jail, it’s a situation many find themselves in regardless. If you ever find yourself in such a circumstance, you need to understand that it has no bearing whatsoever on your child support obligation; the court would still hold incarcerated parents responsible if they default on child support payments.
Unless you’re wealthy and have estates that can stand in for you, it’s no news that staying consistent in child support payment is a challenging feat to achieve. It’s one reason for the introduction of a Federal rule in 2016 that ensures that parents have the right to get their child support order reviews and modified in the event of changes in life circumstances, e.g., incarceration.
Parents’ Right to Child Support Review and Modification
Reliable statistical records show that a sizeable number of inmates at federal and state prisons have an existing child support case. Several millions of children with sponsoring parents incarcerated get the funds they need through payments from menial jobs done by the imprisoned parent while in jail. Depending on the circumstances surrounding their imprisonment, duration of the jail term, and several other factors, the court may grant leniency to the paying party or not.
With the Federal rule introduced in 2016 regarding child support payments, every parent has the right to file a motion requesting a review and modification to the terms of a child support order if there’s been a significant change in life situations.
Suppose you’re finding it challenging to keep up with child support payment as stipulated by the court due to incarceration; you can go by the rule to ask the court to suspend the order temporarily until the establishment of a revision happens based on your current situation. The involvement of child support lawyers in Norristown Pa, would be a good move in this process.
Options Parents Paying Child Support from Jail Can Explore
When it comes to paying child support, several incarcerated parents come disadvantaged due to their inability to stay consistent with the payments. The reason for this is apparent; they don’t have the means to offset such bills. As a result, these payments keep piling up and accumulating interests such that when the incarcerated parent eventually gets released, they end up having to deal with massive debts.
If you don’t want to find yourself in financial turmoil after your release, reviewing your options with child support lawyers in Norristown Pa, is your best bet. From a legal perspective, an incarcerated parent has two options to choose to lessen the burden of child support payments. They include;
- Tell the court to suspend the order until they secure their freedom.
- Pray the court to reduce the amount they get to pay in child support, so it becomes affordable.
After exploring any of the above options, the judge is at liberty, after reviewing the case’s facts, to decide to grant the request or determine that the parent can honor the payments and abide by the previous order.
An incarcerated parent doesn’t need to be making money in jail to honor child support payments; they can use the income from rental properties, funds from retirement benefits, and the sale of investments in stocks and bonds.
They can also seek support from child support agencies that can ensure they maintain a relationship with their child, among other benefits.