Does Child Support Automatically Terminate if the Payor is Incarcerated?
Posted By Administrator on February 20, 2010
I receive calls every week from people who want information about child support issues. One such questions is, “If the person who must PAY child support is incarcerated, does the child support order automatically terminate?” No, it does not. In order to terminate (or lower) an existing child support order, the inmate must file a Motion for Modification with the court. The magistrate or judge hearing the motion will consider the inmate’s present income and any substantial assets owned by the inmate when determining the modified support order.
If the inmate was incarcerated for a crime against either the child or the custodial parent, however, the court will NOT reduce the existing child support order.
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3 Responses to “Does Child Support Automatically Terminate if the Payor is Incarcerated?”
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I don’t understand why a court would terminate or lower child support for a guy who commits a crime and goes to prison. Why should he be rewarded for not taking care of his children? I think it would be fair to make him pay it back when he gets out of prison. The mother has to keep supporting the kids while he is away doing time. Why should she suffer because he did something stupid?
Karen,
There are many people who work in the court system that share your feelings.
While I agree with Karen that the children of a father who commits a crime and goes to prison shouldn’t suffer because of his actions, I can’t help but wonder how it’s possible for the guy to pay child support if he is in prison and no longer working?