QUESTION
If mother is incarcerated, does the father still have to pay for child support if the father has the child when the mother goes to prison?
Asked on Apr 09th, 2014 on Child Custody - Nebraska
More details to this question:
Mother was on probation for theft and forgery now she was arrested for the 3rd time for theft and check fraud. She is being sentenced by the end of May. Do I get custody of my daughter while she is in prison and do I continue to pay child support when it garnished which I am on time with payments?
5 ANSWERS
2 Awards
It appears that a petition to modify your current parenting plan with time-sharing schedule and child support should be filed to reflect your changed circumstances. You should consult with a family law attorney for further guidance as to all of your options.
Answered on Apr 11th, 2014 at 6:21 PM
If you now have the child in your care you should file a motion to change custody and abate child support. You should not be paying child support if the child is in your care.
Answered on Apr 11th, 2014 at 12:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Obviously, when the mother is in prison she will not be able to have custody of your child. You will have to go and have the orders in the court modified. The correct situation would be to have custody of the child ordered it to you, and the mother, even though she is in jail, contribute some child support.
Answered on Apr 11th, 2014 at 9:54 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You must immediately go back to court and ask for a modification of the present custody order based on a material and substantial change in circumstances. You will also ask for a modification of the child support order. Until that order is terminated, you will be obligated to pay child support.
Answered on Apr 11th, 2014 at 9:52 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You need a court order changing custody and terminating your child support obligation.
Answered on Apr 11th, 2014 at 8:56 AM