There are many complications that can arise in child support cases. Changes in life situations are not uncommon and what was initially settled on in a child support case may not prove realistic years down the line. After these life changes, parents may be left wondering what will happen to their monthly payments.
For instance, some Texas residents may be wondering what happens in child support cases where one of the parents is incarcerated. It may seem like child support payments would automatically cease once a parent is incarcerated, seeing as that parent will likely no longer be earning an income. This is not the case. Payments will continue to be sent to the parent until certain actions are taken and interest will continue to accrue on whatever is left unpaid.
A parent who is incarcerated and can no longer realistically pay child support is able to take certain steps. Legal papers can be filed in court requesting a modification. This can be accomplished by filling out what is known as a Incarcerated Noncustodial Parent Affidavit of Income/Assets form. While there is no guarantee that by filling out the form a modification will be granted, doing so will help the courts make a decision regarding whether a change is appropriate.
Filing papers with the court can prove to a complicated matter. Thankfully, there are attorneys available who can assist with this process. By filling out the necessary paperwork, it may be possible for an incarcerate parent to obtain the child support modification they need. With a child support modification granted, parents can rest easy knowing that they will not be financially ruined by their monthly payments.
Source: Texas Attorney General, “Child Support: Information for incarcerated parents and parents returning to the community,” Accessed on Sept. 22, 2015