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Ely
Ely, Counselor at Law
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My son in federal prison. He has one child

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My son in federal prison. He has one child living with his divorced mother. What happens to his child support? Once he gets out of prison, can they put him back in prison for not paying child support? Does social security pay the child any money while his father in is prison? Thanks XXXX  XXXXXX

Submitted: 6 months ago.
Category: Legal
Expert:  Ely replied 6 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your son's situation.

In Nebraska, if someone is imprisoned, it is seen as an involuntary reduction in income once the inmate had been incarcerated at least six months or more. That opened the way for them to apply for modification of child support payments, reducing child support going forward to almost nothing. Your son would have to file for a modification of child support from the prison. BOP will generally allow your son to be transported from the facility to the Court for any hearing dates provided he lets the staff know ahead of time.

Once the child support is minimized, then it will stay so while he is in prison.

He can file himself, or use counsel. Let me know if you need links to pro bono/low cost counsel in your state.

Once he gets out of prison, can they put him back in prison for not paying child support?

The answer is theoretically yes, but unlikely. Being imprisoned for lack of payment is last resort. The Judge prefers to admonish and push someone to catch up, rather than simply imprison them. Incarceration for non-payment of child support is the last resort of most Judges. As long as he tries to make payments, then the Court generally does not incarcerate. Incarceration is saved for brazen/continuous/flippant disregard of child support.

Does social security pay the child any money while his father in is prison?

Yes. Although he cannot receive monthly Social Security benefits while he are confined, benefits to his dependent spouse or children will continue as long as they remain eligible. However, they will not count towards any outstanding child support.

Do not expect county services to help you/him. They are on the mother's side and represent the party that is to be paid the child support. They are not neutral. Think of them as a "collection agency" for the Court. They will scare you/him into payment if they can, but they do exaggerate to do so. Automatic imprisonment is not a "fact" if he does not pay. However, he would benefit from an attorney's representation either now to modify the child support down, and/or, once he leaves the prison to deal with any child support that is outstanding.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 85104
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 5 other Legal Specialists are ready to help you
Expert:  Ely replied 6 months ago.
Thank you for your gratuity.

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