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  #1  
Old 05-13-2005, 09:09 AM
Retired-26 Retired-26 is offline
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Question child support while he is locked up?

a friend of mines, babys dad, is in county right now waiting on his sentance (but will for sure get tdc time). she has only received child support from this loser ONE time in 7 years, and is struggling so bad. i would love to help her, do yall know if this is possible? to get child support while he is locked up? i thought i saw a thread on this but couldnt find it. thanks girls!!
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Old 05-13-2005, 09:14 AM
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ashtynn yes it is .. she can call Greg Abbot the attorney General's office and they will help her. Hell texas tried to get me to file child support againtst my husband when i tried to get state help with daycare. So i decided againtst and plus i told them they cant do it cuz i was married to him and they eventually agreed. Thank god cuz they were really pushing it.

She can file for child support and when he gets out he will have to pay it back. Here is the link for Greg Abbott

http://www.oag.state.tx.us/child/index.shtml

Last edited by Jillian; 05-13-2005 at 09:16 AM..
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Old 05-13-2005, 09:16 AM
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my sister got a few thousand dollars back pay, her ex had to pay it before they released him from jail............
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Old 05-13-2005, 09:18 AM
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thank you SO much, that was great e-wife!
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Old 05-13-2005, 11:35 AM
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In our case, we are the non-custodial parents of his kids. I spoke to the AG's office, and they said it would not be stopped, but obviously would stack up while he's gone. It will NOT however, according to the AG's office, stop him from being released when the time comes. He can, when he gets home, make payment arrangements for the money owed. According to the person I talked to, they realize being incarcerated is a change in income status (DUH!) and there is no way he can make payments while he is gone.
His parents are making partial payments to his child support as often as they can.

Nance
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Old 05-13-2005, 12:11 PM
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Can someone explain to me how anyone in their right mind, including your friend Ash, could expect someone who is incarcerated and not working to pay child support? I've been there, done that and bought the tee shirt and I know it isn't fun, but you can't get blood out of a turnip and if they have any kind of a sentence then when they get out, the payments will be so high they can't live on what they make. And please don't tell me they need to be responsible, I know they do. But at some point, we need to realize that if they can't make the payments, then they will start doing things that will get them revoked and then where will you be? Just my humble opinion and I did raise all 4 boys by myself.
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Old 05-13-2005, 12:19 PM
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I agree with you vim.. that was my thoughts exactly when the state tried to FORCE me to file child supprt againtst my husband. I was like are you serious there is no way i am going to do that and have when he comes home he will be backed up from paying back the state. to me that was ridiculous. why would i do that to my husband.
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Old 05-13-2005, 12:27 PM
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Well said Val. The total owed is unbelievable and the pressure they are under with the thousands of dollars in arrears does make them do whatever they can to get that big, fast money. It's a no win situation for both parties. My best guess is that at least she have the paperwork and dog and pony show done and be ready to collect it when he does get out.
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Old 05-13-2005, 12:35 PM
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ya but this guy OWES it ti her in my opinion...i dont give a dam if he has to pay for YEARS and gets his parole revoked...he is an A$$HOLE who needs to do SOMETHING right in his life. yall just dont know :shake:
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Old 05-13-2005, 12:41 PM
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Another point is that sometimes the only way to get some of these jerks for brains is to put them behind bars. I mean its the same way as if he was paying child support on the outside and just stopped. He would still end up in jail ..
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Old 05-13-2005, 12:56 PM
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Okay everybody here is this side. First, when receiving TANF or Medicaid, the state has to pursue the child support, incarcerated or not. If you don't assist in that, you don't get the aid. I'm sorry but personally, I agree with that one. Second, your friend will not receive any actual child support unless someone, like Nance's in laws, want to make the payments for the non-custodial parent. Third, the state does not pay our inmates so wage withholdings cannot be set up per se to pay something. But, inmate trust funds can be set up to make the payments for the inmate.

Now, I personally feel that child support should be stopped from coming due while the person is incarcerated. And that is what the bill is going to allow if it passes. Right now the way the laws are, the inmate has to hope the custodial parent is nice and agrees to lower or totally stop the child support while incarcerated. Also, it depends on the county on if it can be stopped while incarcerated. Tarrant County, it will accrue even if being set up while in prison. Very rarely, in Tarrant County will child support stop or begin after incarceration.

Now, my husband will be coming out to a debt of almost 100,000. Yes, that is what you think it is. Do I think it's fair? No, especially since the Mom doesn't even have one of the children. Do I think it's undue stress on him? Yep, but he will start making even the smallest of payments when he comes home. Why? Because they are his children and they didn't stop eating or needing things just because he was locked up. The child support is basically a reimbursement to the Mom or guardian for what she paid in full at the time.

If a person is attempting to make some sort of payment, even if it is $5, child support offices will work with them. If the Custodial parent is wicked and just mean, then it may go back into court. But, that gives the non custodial parent the chance to show the judge, "Look, I was incarcerated and when I got out, I put any extra penny I had towards it." They cannot be found in contempt for the time they were incarcerated.

As for being revoked, I have found only one parole officer in the D/FW area that I can even get to make child support a priority for the parolee to pay. Yes, they can be revoked but very few are for the non-payment of child support.

Sorry so long but this is what I deal with everyday.
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Old 05-13-2005, 12:56 PM
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yup, and that motha fuc*er is EXACTLY where he belongs, trust me.

i had just heard there was a way to get temporary government assistance that he could pay back when he gets out.

Last edited by Retired-26; 05-13-2005 at 12:58 PM..
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Old 05-13-2005, 01:07 PM
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iknow my kids dad is in prison and we don't get any money.. and I make too much for gov assistance. which sucks but I waited almost nine years to put him on child support and actually I did not put him on.. i was forced too like E-wife said they were trying tomake her do.. i was soooo mad.. I know I am not the ususal baby momma but i have a problem "FORCING" a man to be a dad.. if he did not want to be a dad I was not giong to force him.. he was making bad choices with his life anyways and did not want that influence around my son.. sorry off topic..

too answer your question my baby daddy still owes them money even though he will be locked up for a while. if I remember correctly I think they reduce the amount of minimum wage.. so maybe one day he will get caught up..

tell her good luck..
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Old 05-13-2005, 01:28 PM
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Ashtynn, that is called TANF, and he will have to pay the state back the amount received. She can apply through any DHS office.
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Old 05-13-2005, 02:21 PM
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As to the revocation, I meant that the amount owed would probably stress him to the point of drinking or drugging or doing whatever got him sent up in the first place, not owing the child support.

And Ash, I can understand your anger. But at some point it has to give way to realism and that is the fact that her anger is only going to hurt her child. When I quit being angry I realized that I could find ways to raise my kids and the best reward I ever got was when Randy graduated from college. His Dad and Step Mom showed up and were crowing all over the place and Rand stood up to his full 6'5" and informed him he had nothing to brag about -- he had ducked his child support, had terrorized me and that I had raised him and seen him through college and that it was a little late to start being the proud Dad. I never had to say a word. I know you don't agree and I'd hug you anyway if I saw you, but someday you'll see the wisdom in what I say. NOTHING matters but how you bring your kids up and doing it with hatred towards anyone is not the right way.
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Old 05-13-2005, 02:29 PM
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that was GREAT val
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Old 05-13-2005, 03:15 PM
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Exactly, Val! And for the drinking and drugging, I see your point. But, I know from my husband that it's just used as an excuse. He'd find another reason to drink and drug if the child support wasn't hanging over his head. Paying it and doing what a person can, even if it is a mountain, comes with maturity.
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Old 05-13-2005, 06:19 PM
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We have the same issue Kerri. Brandon was going to owe something like 70,000. Luckily, his ex did agree to have it lowered BY $400 a month. His parents and I struggle sometimes to get it done, because I help with it, but the way we look at it is that his boys didn't ask for their dad to be gone, and they still have needs. When Brandon is home, his FIRST priority is to the boys, and I stand behind that 100%. The kids are the innocents in this whole mess. And I love his boys like my own.

Nance
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