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).
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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.