QUESTION
Can I get child support if the father is in jail?
Asked on Jun 19th, 2011 on Child Custody - Georgia
More details to this question:
My son's father is in jail and more than likely he's not going to get out. Is there a way that I can get some assistance for my son?
12 ANSWERS
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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This question is highly state specific.
Answered on Jul 11th, 2013 at 2:48 AM
William Guy Pontrello
Practically speaking, probably not.
Answered on Jun 22nd, 2011 at 2:01 PM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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I would suggest talking to the child support division of your local prosecuting attorneys office. Practically speaking, if you do not qualify for AFDC for the child, that may depend on whether the father has any assets that could be attached for child support.
Answered on Jun 22nd, 2011 at 12:13 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Being in jail does not eliminate the legal obligation for financial support. However, the reality is that a person in jail has little or no income for payment of child support; so unless there are other sources of funds, getting a child support order may be useless or insufficient.
Answered on Jun 21st, 2011 at 2:36 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Probably not unless the father has some independent resources.
Answered on Jun 21st, 2011 at 1:04 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You should contact the State to assist you in establishing an obligation.
Answered on Jun 21st, 2011 at 1:03 PM
Probably, although it will depend on what state you are in. In Washington (my state) the amount of child support is based upon the income of both parents. When a parent is in jail, that parent is regarded by the court as having no income. This means that so long as the father is in jail, the best you could possibly do for child support if $50 per month per child. In terms of whether you can get state support for your child, that is going to depend on the state's public assistance rules.
Answered on Jun 21st, 2011 at 12:52 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Your child support comes from the father.
Answered on Jun 21st, 2011 at 12:01 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You can apply to the county for assistance but no you won't get child support while he is in jail.
Answered on Jun 21st, 2011 at 11:26 AM
In Georgia, if you have a child support order, the child support will continue to accrue until he gets out. Aside from this, you will have to look to public assistance such as food stamps, Peachcare, etc. for additional support.
Answered on Jun 21st, 2011 at 10:58 AM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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Generally support is partially based on the income of the father. If he is in custody, then he likely has no material income.
Answered on Jun 21st, 2011 at 10:44 AM
Glen Edward Ashman
Obviously, you can't collect child support from someone who isn't working, unless he has assets.
Answered on Jun 21st, 2011 at 9:01 AM