Family Law Questions? Ask a Family Lawyer Online.
You may ask, but the court may not be sympathetic. You also should ask that they modify the support while you are incarcerated, but being in jail may not qualify as a "substantial change in circumstances" for the purposes of reducing, as such usually requires that the "circumstances" be beyond one's control, such as being laid off, illness or injury, etc.
Remember that the courts view parental support as a right of the child that is personal to the child, and are loathe to take that right away. That is why the better track may be to try to have the support reduced.
While it may seem obvious, I suggest that you consult with a family law attorney in your area who can give you specific advice based upon all of the facts and circumstances of your case. Many attorneys give free consultations, so try to find one who does. If unsuccessful, check with the local bar association to see if it has a lawyer referral service which offers a short consultation (20-30 minutes) with an attorney at a reduced fixed rate ($50-75 or so).
I hope this answers your questions. Please click Accept so that I may be credited for my assistance. Thank you and good luck.
Thank you for the response. We were just trying to figure out if my daughter was going to need an attorney. The person incarcerated is my grandchildrens father, in which they were never married.
She was served papers today that were hand written in a format that looks like court papers, and requring her to appear in court on a specific date. All written by the father of my grandchildren. We will inquire with the local bar association for a lawyer that offers short consultations.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).