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  #1  
Old 04-11-2003, 03:27 PM
Candalynn7 Candalynn7 is offline
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issed: My son's father has been in prison for the last year and has 21 more months to go. We have been seperated for about 2 years and he is supposed to be paying child support. Is there any way possible to get any money from him while he is locked up? I know he works while he is in there but I don't know if he gets paid for it. He is over $6,000 behind and it would be nice to get at least fifty a month. A six year old is not cheap to raise alone. If anyone has any advice I would love to hear it.issed:
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  #2  
Old 04-11-2003, 03:55 PM
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THE CHILD SUPPORT AGENCY HERE GOT MINE FOR ME. MY EXHUSBAND IS IN PRISON AND I GET MONEY FOR CHILD SUPPORT EVERY MONTH. HAVE YOU TRIED CHILD SUPPORT ENFORCEMENT? GOOD LUCK TO YOU
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  #3  
Old 04-11-2003, 11:39 PM
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Ken can you find any 'standard' for this? I'm very curious myself on this subject and I'll try to gather what I can.

Pammie
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Old 04-12-2003, 03:02 AM
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Nope, sorry Pamela.
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Old 04-12-2003, 07:33 AM
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Well, I know that the father who is lock up and that is ordered for child support CAN get those payment avaded untill he is out. I am sorry to be the one that is negative, but i dont blame them for this as well. The interest on this grow every year that they dont pay, and there is no way one will get the full amount each month that is oredered. Lets say that he is ordered 200.00 a month, there is no way he will be able to pay this not while being lock up.

Candylynn, I am guessing that your ex hubby is in TX? If that is the case, please beware that TX inmates do not get paid for working. The best thing you can do is talk to your lawyer about it. The only the court system will do is oder child support from him.

Good luck and best wishes to you
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Old 04-12-2003, 08:41 PM
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In Michigan the child support is stopped when they go in and resumes when they get out with no interest or charges piling up while they're in. Thank god! My husband is innocent and would be paying if he were not in there due to our lovely system. He gets paid .23 cents an hour when he has a job...We don't need a huge amount sitting there to pay when he gets out....

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Old 04-12-2003, 09:38 PM
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I can't imagine anyone in prison making enough money to pay child support,I guess in some states they must make more than I'm aware of.
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Old 04-12-2003, 09:48 PM
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Candalynn
I know that during incarceration in Texas, they do not earn a dime, so you are probably S.O.L. here, as usual. But as soon as he gets out, GO BACK TO COURT!! Or as soon as you get his out date, make sure there's a petition waiting for him. He will have to have a job when he is released, so you can go for back child support and current and if he doesn't pay, well, back to jail he goes!!!
Good luck!!
dianeP.S. in Texas, child support payments do not stop just b/c he is behind bars anymore, meaning that they can't request that they be "put on hold" anymore. So you will be able to collect once he gets out and gets a job. Just make sure to go to court and try to get a wage garnishment, that way, if he has a job, he has no choice but to pay!!
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Old 04-12-2003, 10:00 PM
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Billy owed child support and it kept added up after he got locked up. He petitioned the court to freeze the child support until he gets out. We thought it would be a difficult task, but it worked. He owes up until the time they froze it and it's reinstated after he gets released. He has 3 children and makes $15 a month--that's not enough to pay child support.
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Old 04-13-2003, 09:08 AM
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In alot of states it does not stop cause they are lock up. Deb I am glad to hear there is one where you are.
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Old 04-13-2003, 10:24 AM
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Lulu--

So am I! It took me going to court as they don't automatically do it.....His ex took me to court when Bill was first in trying to garnish my wages. No f****** way! I was pissed. It took a few court hearings and then Bill was home on appeal and we finished it off (along with more lawyer bills for a probate lawyer). He paid when he was out, they erased what accumulated when he was in before and when he went back in after we lost again another hold was put on. When he gets back out--hopefully we hear a positive answer from the judge soon--he will resume paying right away as I will pay it the first week or so til he gets his first paycheck....

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  #12  
Old 04-13-2003, 10:39 AM
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Deb,'
that is the same here, if you dont go to court to get it avaded, then it keeps growing, there is away to stop it, they guys just have to want to do it.
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Old 04-13-2003, 10:47 AM
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Pardon....

If a person is paying child support before they get locked up,... it depends on what arrangements were made for that.
1. a gentleman's agreement (completely un-enforcable)
or
2. Court ordered child support with terms for montly payment (direct to custodian, or via court's "friend of the Court' service.

If there is no agreement when they get locked up, it is up to the custodian to demand some be set by a court--better late than never-.. NOT that the father will have to pay much or at all during the incarceration but you'll have set in Court stone that he infact is financially responsible.--ultimately.

Spinning through that, the fellow's case will be assessed on any monies he can prove or you admit to having gotten from him ever before in life. It may be ruled that (doing the math) he is now owing $X in BACK child support and will be additionally responsible for $X a month from here on out.

He'd be served in prison with the suit (domestic/civil case) and may be invited to a hearing on it. His circumstance "by virtue of incarceration...with $y amt of money in inmate account, no assets and a ---long sentence to serve, will be unable to pay the BACK support, or any support currently.

The court will then work out the kinks but you'll have a judgement which someday will be useful. When he gets out, you file for a modification of child support..--since his 'ability' to pay the court ordered amounts has changed,.. and then enforcement mechanisms for him paying come in to play.

If you had an order when he went in, it's to him to cover his arse by applying for a modification of child support BASED on his inability to pay. Otherwise, that first order remains in effect and as they've said up there somewhere he gets the snowballing bill and the penalties and other assorted financial charges. A prudent man in prison takes care of that first off.
Otherwise there is a big nasty surprise waiting with a parole or serve out.

Children never win in this, but every now and again it pays to have the court stuff in order and current.. If he comes in to some money (inheritance,--etc) you can tag in to the modification yourself and declare his newfound 'asset' as something worth liquidating to provide back payments to you.
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Old 04-13-2003, 10:53 AM
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Here in Tx and other states, when they are lock up, they can get the payments avaded untill they get out.
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Old 04-13-2003, 10:59 AM
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Hey Lulu---and they have to KNOW about it! The only reason I knew is when she went after me for the support and I hired an attorney to help fight it--prior to that it was just growing and growing.....The attorney told me about it and then we went for it!

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Old 04-13-2003, 11:42 AM
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correct. I am just glad that there is something that can be done for them.
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Old 04-14-2003, 08:19 AM
Candalynn7 Candalynn7 is offline
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Default Thanks for all the advice

Thank you to all of you who replied to my post. It was interesting to hear some of the information you all gave me. I was not aware of half of it. He was ordered by the court 3 years before he was locked up to pay child support. Although he hardly ever paid it like he was supposed to. He was nearly $5000 behind when he was locked up. He lived in the same town as I do which has a population of about 7,000 and never could make time to see his son. Until he was about to go to jail again and then he would start feeling depressed and try to make up for lost time. I am not going to be the one to tell him he can have the child support stopped or that there is any chance he could even try. He has never worried about it or tried to get any additional information on it so he can learn the hard way. If he would have been taking care of all his responsibilities all these years I would be nicer on the situation. Maybe he will find out one day and have it stopped until he gets out. But if not he can pay it all to his son when he gets out. Once again thanks to all of you for your advice.
Candalynn
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  #18  
Old 04-14-2003, 09:01 AM
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Candalynn
I agree with you!!! My husband does the same thing. When he's out, he never spends time with his supposed son, but AS SOON AS he gets locked up, it's a different story. I always tell him that he needs to pay child support and he just blows it off. But the bitch, that's what we call her, has never taken him to court because she knows that he will demand a DNA test. The child is 8. So I know what you mean about them not spending time... And I agree with what you said about making him learn the hard way I myself don't have any children, but ever since me & Billy met, I have been on him about paying at least something to help with his "son". Problem is... the ex won't use it for the child, she will snort it up or smoke it up. I feel for all the kids!!!
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Old 04-14-2003, 09:13 AM
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I know what you mean about her spending the money on her extra curricular activities. I have thought before that he did not pay because he might think I would do that. But when he did help, which was not often, he saw that I did not spend the money on myself but on my child. He was always too busy partying up all his child support money and expecting me to understand why he could not pay. I don't know why some men have to be like that because it makes the good ones look bad. I have been living with my current boyfriend for 2 years now and he helps with a child that is not even his more than my son's father does. And the father does not really like him but I said he should be happy someone is out there helping me take care of his kid instead of him not having anyone to turn to. MAYBE one day he will grow up but I think by going to prison it will make things worse. I think all men should pay for their children. If they think the mother is going to spend the money on herself then go buy your child's things yourself and take them over there. It shows effort at least.
Candalynn
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Old 04-14-2003, 09:22 AM
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I agree!! If they doubt it, just buy the stuff themselves, but at least do SOMETHING right!!! I agree that if you have a child, you should pay... man or woman since now days, some custodies are being given to the man because the mothers are unfit. I just hope that all the non-custodial parents out there step up because raising a child is not cheap!!! Oh, and I really commend your boyfriend on taking on that huge responsibility!!! Now THATS a man!!!!
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Old 04-14-2003, 09:41 AM
Candalynn7 Candalynn7 is offline
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I know what you mean about a huge responsibility. It is one I don't know if I could have taken on but I would have to be in that position to find that out I guess. More and more people are thinking it is great to have the child but not great to step up to the responsibility the child brings into your life. And it is not cheap to raise a child. Especially when they start school and everytime you turn around someone is wanting money or something for the class. You can't take it out on the child though because they are stuck with a worthless parent. I try my best not to let him know how much it bothers me because it is not his fault. I never talk bad about his father in front of him so he does not think I don't let him see him because I don't like him or something. My mom did that to me when I was younger and my father did not help her. So I took that as a lesson learned. I hope in the future people will start realizing how hard it is to raise a child not just money wise either.
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Old 04-14-2003, 10:46 AM
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I am so glad that you don't talk bad about the father. I wish more people in your situation were actually adult about it like you are!! They don't realize that in the end, the child will end up resenting the parent who does the bad talking A child loves unconditionally Thank heavens for that You sound like a wonderful mommy!!!
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Old 04-14-2003, 10:53 AM
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Thanks for the compliment. I am glad they have places like this for people talk about their problems freely. I think it helps a lot of people. Thanks for all the advice.
Candalynn
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Old 04-22-2003, 10:51 PM
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I have just went through this. I had to file for child support for my son. The caseworker at our child support office here gave me two choices. The first was to have the father pay out of his pension check, or they could grant a stay. That meant that I would still get child support from the father, but he would not pay until he got out. I will call the worker and get her to give me the information that she was talking about. With what she said, the mother will get the amount that the court gives the mother and the father will pay the full amount once he comes out.
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