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Child support obligations mostly practise not end merely considering a parent is imprisoned. Instead, they continue until modified by a court. If a parent is in prison and yous haven't yet received an initial kid support society, then contact your state's Attorney General'southward Role. You need to get an initial kid support club in place. Still, if you already have an gild when the parent is incarcerated, so one of two things will happen. The parent will either file a motion to alter the child back up, or the parent will stop making payments and ignore yous. If the parent stops paying, and then you should file a contempt motion with the courtroom if you remember the parent tin afford to pay.

  1. ane

    Contact your country'south Attorney General'south Role. Every state has established child support enforcement agencies that aid parents collect kid support. In many states, the Chaser General'southward Office helps parents.[1] Other states have created local agencies to perform the same role. A kid back up enforcement agency can help you get an initial child back up order.

    • To find your office, search "child support enforcement" and "your state."
    • If you currently receive Temporary Assistance for Needy Families (TANF) or Medicaid, then you should already be enrolled. The state part should contact y'all.[two]

  2. 2

    Complete an application. Once you contact the appropriate child support enforcement bureau, you will be given forms to complete. Make sure to print legibly and return the forms equally soon as possible. Although each state's class is slightly different, you will generally be asked for the following information:[3]

    • your name
    • your address, telephone number, and electronic mail
    • your Social Security Number
    • your engagement of birth
    • the other parent's proper noun, contact data, date of birth, and Social Security Number
    • a physical description of the other parent
    • the name, date and place of birth, race, sex activity, and Social Security Number for each child you are seeking child support for
    • whether you are married to or divorced from the other parent
    • who has legal custody of the children
    • whether paternity has been established
    • the other parent's work history

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  3. three

    Gather necessary supporting documentation. You may have to submit sure supporting documents along with your awarding. For example, in Texas, you will need whatsoever of the following that employ to your situation:[iv]

    • your divorce prescript or separation agreement
    • an acknowledgement of paternity (if ane has been signed)
    • nativity certificates of all children involved
    • evidence of any history of paying child support
    • documents reflecting each parent's income and avails, such equally tax returns, bank statements, and paycheck stubs

  4. four

    Constitute paternity. The child support enforcement agency can also aid you establish paternity. If yous aren't entirely certain who the begetter is, you can still utilise for services. The agency will help establish paternity through the courts.

    • The man might admit that he is the father. However, if he disagrees, then the court can order that DNA testing be done.[five]

  5. five

    Attend a hearing to found an initial kid support order. Only a gauge tin can establish an initial kid support order, and the estimate will want to hear from both sides. You might need to attend the hearing.[6] For example, you may need to attend in social club to testify. Withal, the kid support enforcement agency should exercise nearly of the work at the hearing.

    • You should talk with the kid support enforcement agency to ask how you can prepare for the hearing and what your role will be.

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  1. 1

    Receive notification that a move has been filed. When a parent is jailed, the child support order generally continues in consequence. In some states, such as California, it may temporarily be suspended for ninety days unless the parent tin can pay.[7]

    • Generally, withal, only a judge can change the kid support order. An incarcerated parent who wants to reduce or append kid support payments can usually file a motility with the court request that their child support be modified.
    • The jailed parent might consummate a class and send information technology to your land's child support enforcement bureau. The agency will review the information and decide whether to agree to the modification or to oppose information technology.
    • If the parent files a motion to accept their support payments modified, yous should receive a re-create.

  2. 2

    Read the motion to see what the other parent is challenge. Typically, the other parent will merits they are non able to pay child support considering they are in jail and therefore unable to work. The parent will also ask the court to reduce the payments or temporarily append them.

    • You should honestly assess whether you recollect the parent can continue to make child support payments even while in jail. Talk this over with your case worker.
    • Y'all should tell your case worker near any assets y'all call back the parent has which could exist used to pay for child support while they are in prison.

  3. 3

    Identify the incarcerated parent's assets. Even though a parent may be in jail, he or she can withal have avails which could be used to pay for kid support. Think about whether the parent has whatsoever of the post-obit:[8]

    • income from rental properties
    • disability, retirement, or other benefits
    • interest or dividends earned from stocks, bonds, or other investments
    • money from selling investments
    • bank accounts, retirement accounts, or other accounts
    • proceeds from selling property

  4. 4

    Remember most coming together with a lawyer. Your land'due south child support enforcement bureau might oppose the other parent's attempt to modify child back up. In this situation, the agency will file documents in court and attend a hearing. Even so, the agency might decide not to oppose the incarcerated parent'southward motion. (Retrieve, the agency represents the country, not you.) If you disagree with the kid support enforcement agency's decision, then you lot should seek out an chaser to consult.

    • Merely a qualified lawyer will exist able to advise you whether you are probable to succeed in opposing the parent'south motion to modify. Make sure to show the lawyer proof that the jailed parent has avails that could be used to pay the child support.
    • You tin can get a referral for a lawyer by contacting your state or local bar association. Call the lawyer and schedule a consultation.

  5. 5

    Answer to the other parent'due south motion. To oppose the motion to modify, you need to file a response. Your courtroom should have printed, "fill in the blank" forms for you to complete.[ix] Ask the court clerk.

    • On the response, you should be sure to identify the reasons why you recollect the incarcerated parent can continue to pay child support.
    • There may exist other forms you have to fill up out, such as a sheet on which yous written report your income. The court clerk should requite you the forms.

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    File your response. Make several copies of your completed forms. Take the original and your copies to the court clerk and enquire to file the original.[x] The clerk should postage stamp your copies with the filing engagement.

    • You may accept to pay a filing fee. If you can't afford the fee, and so enquire for a fee waiver form.

  7. 7

    Serve notice. You lot must give the other parent and the kid back up enforcement agency detect that you are opposing the motion to alter child back up. Inquire the court clerk for adequate methods of service of process.

    • Whoever makes service will need to consummate a "proof of service" or "affidavit of service" form.[11]

  8. viii

    Nourish a hearing. Show up with copies of all documents filed.[12] Also have set any documentation showing that the incarcerated parent has assets which could exist used to pay child back up. Equally the person opposing the motion, you will speak second.

    • Listen quietly as the other parent makes his or her argument for modifying child support.
    • When it is your turn to speak, explicate why you think the other parent has sufficient assets to keep to pay kid back up while in prison. Inquire the judge if he or she wants to meet your documentation.

  9. 9

    Receive the decision. The guess has a couple of options. For example, the judge can deny the jailed parent'due south motility and leave the child back up payments equally is. Alternately, the gauge can reduce or suspend the kid support payments. If yous win at the hearing, yous may have to draft a copy of the order. Ask the courtroom clerk if at that place is a blank order form.

    • In some courts, the clerk will fill out the society. Be sure to become a copy and read information technology closely. Information technology will tell you what changes (if whatever) have been made to the parent's kid support payments. If the changes are temporary, note the appointment when the order expires.
    • If you didn't receive a copy of the order, contact the courtroom clerk.

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  1. 1

    Contact your land'southward child support enforcement agency. The other parent might not try to modify the kid support order. Instead, he or she might only ignore child back up obligations while in prison house. When a parent does not pay child back up, they are "in deficit." You should contact your case worker at the child support enforcement agency.

    • Your side by side steps will depend on your country'due south law. In some states, the parent won't have to brand payment if incarcerated; even so, support obligations will start upwards over again when the parent is released from jail.
    • In other states, you might be able to file a contempt motion while the parent is in prison house, peculiarly if you have identified avails the parent could use to pay kid back up while incarcerated.[xiii]

  2. 2

    File a movement for contempt. A person is in "antipathy" when they ignore a court order. Yous can file a motion for antipathy with the court that entered your kid support order. In response, the incarcerated parent will take to bear witness he or she can't afford to pay.[14]

    • You should let your kid back up enforcement agency handle filing the move of contempt.
    • Be sure to get a copy of the motility.

  3. iii

    Read the other parent's response. The incarcerated parent has a chance to oppose your contempt move. In the response, the incarcerated parent should explain to the court why he or she can't make support payments.[15]

    • You lot should receive a re-create of the other parent's response. If not, inquire your case worker for a copy.

  4. 4

    Attend a hearing. At the hearing, the jailed parent has the burden of convincing the estimate that he or she tin can't beget to make payments while in prison. The kid support enforcement bureau should send a representative to the hearing to argue why the parent should pay.

    • You might have to respond questions posed past the judge. Talk alee of time with your example worker about what your role will be at the hearing.

  5. 5

    Receive payment. Ideally, the contempt motion will prompt the parent to pay child back up if he or she has assets. The payments should be made to your state agency, which will disburse them to you.

    • Unfortunately, y'all can't become water from a stone. If the other parent doesn't pay while in prison, in that location is little the court can practice. The typical penalization for contempt is imprisonment, but the other parent is already in prison house.[16] For this reason, antipathy might not jog the other parent to pay while they are in jail.
    • However, child support obligations will keep to accumulate, and interest on the payments will too accrue equally the parent serves out his or her jail sentence. When the parent is released, you can garnish his or her wages and intercept taxation returns to get your owed child back up.

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  • This expanse of law is state specific. Each country has its own means of treatment child support when a parent is incarcerated. You should work closely with the instance worker assigned to you lot by the child support enforcement agency.

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