A parent being sent to jail can have a significant and negative impact on the person’s child support obligation. Since the child support order continues to be in effect while the parent is in jail, what often happens is that the person finishes their sentence with thousands of dollars in arrears, which can make it difficult for him or her to catch up. It’s important to talk to a family attorney in Oahu about ways to keep this from happening, as there are a few options that can help them ensure they won’t get behind.
As noted previously, incarceration doesn’t automatically end child support obligations. If the person has adequate financial resources, the family court will simply take those assets and pay the co-parent as required; for instance, if the person has money in savings, the state will garnish the savings account to get what’s owned.
However, those that don’t have adequate assets may be able to get the state to reduce the amount that is required to be paid every month or put the child support order on hold altogether. Both of these options requires the petitioner to show he or she has experienced a significant change in circumstances that impacts his or her ability to pay.
For instance, if the person is going to be in jail for several years and has no other way to generate income, then his or her request for a child support modification may be granted since it is apparent the person currently has no way of maintaining the payments.
On the other hand, if the person is only going to jail for a few months or is capable of continuing to generate income even while incarcerated, then the request to modify the support order may be denied.
Each person’s circumstances are unique and may present challenges to achieving the desired outcome so, in order to maximize the chances of success, it is important to consult with a family attorney in Oahu for assistance. The attorney can help file the appropriate paperwork or make a compelling argument in court that leads to a favorable decision. To make an appointment with a nearby attorney, Click Here.
