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Does going to jail stop child support?

On Behalf of | May 27, 2022 | Criminal Defense

Incarceration does not alleviate the responsibilities you may have a business owner, employee, spouse or parent. However, being behind bars can complicate your ability to earn an income, maintain a driver’s license or hold your marriage together.

If you are paying child support, you must understand that going to jail will not cause a dismissal of the order. A judge is able to modify an order, but until this happens, any of your assets or income are potential options for paying a child support decree.

Support options while in prison

Whether you have a temporary placement in jail while waiting for a criminal trial or you are serving a sentence from the court, your financial responsibilities concerning child support do not change. There are several options available for coming up with the funds:

  • Proceeds from selling investment assets like bonds or stocks
  • Income from rental property
  • Dividend or interest income from stocks or bonds
  • Retirement accounts or bank accounts
  • Retirement or disability benefits
  • Money from selling property such as a vehicle or home

Legal options while in prison

A custodial parent is able to file a contempt action in court if you fail to pay a child support order. Being in jail can establish extenuating circumstances that could put a stay on the order. You will need legal help to navigate this process, and it will not change what you must pay. It could just adjust the timeline for payment.

Going to jail does not provide relief from child support obligations. At the very least, it could put you in arrears concerning payments.


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