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What happens to child support if a parent goes to prison?

Texas residents who are going through or have gone through a divorce know that there can be many complications. Each divorce or mediation is unique and can have many different aspects that require special attention. Child support is one issue that is important for many families. But what happens to child support if a parent goes to prison?

A parent who is incarcerated can still receive child support payments. The child support payments will continue to be sent to the parent unless there is a court order that sends them to the person who has physical custody of the children. If the parent in prison is the one who pays child support, they would need to file legal papers in order to have their child support changed. The Texas Office of the Attorney General has an Incarcerated Noncustodial Parent Affidavit of Income/Assets form that can be filled out to help the court make a decision about the child support. Until the court order is changed, child support still needs to be paid. Interest is added to payments that go unpaid while a person is in prison.

Child support is needed by parents in order to take care of their children's needs in the event of a divorce or separation. Mothers or fathers rely on this money each month because they need to provide for their children. A legal professional skilled in family law can help a person negotiate child support payments. They can also help modify child support agreements.

Many do not expect to go to prison or have their child's parent incarcerated. However, it happens to thousands in Texas each year. It is important to keep the best interests of children in mind during this difficult time and make sure the children still receive the child support payments they need.

Source: www.texasattorneygeneral.gov, "Child support information for incarcerated parents and parents returning to the community", accessed on Feb. 8, 2016

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

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