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Unfortunately, incarceration is not a means that emancipates a child or terminates support. You will need to petition the court to terminate the child support. In Texas, child support is due until:
the child reaches the age of eighteen years, provided that, if the child is fully enrolled in an accredited secondary school in a program leading toward a high school diploma or enrolled in courses for joint high school and junior college credit pursuant to Section 130.008, Education Code, the periodic child-support payments shall continue to be due and paid until the end of the month in which the child graduates;
the child marries;
the child dies;
the child's disabilities are otherwise removed for general purposes; or
further order modifying this child support.
You can request that the termination of child support be retroactive, but that would need to probably be by agreement with Respondent (the father). Otherwise, he could enforce the child support order. You may also find that the states keeps your tax refunds and economic stimulus payments.
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