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BeckyH, Paralegal
Category: Family Law
Satisfied Customers: 37
Experience:  18 years' family law experience. [This post should not be construed as legal advice.]
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Am I responsibe to pay chil support while my child is

Resolved Question:

Am I responsibe to pay chil support while my child is incarcerated. He was 7 at the time of my divorce and just turned 18 2 months ago.
Submitted: 9 years ago.
Category: Family Law
Expert:  BeckyH replied 9 years ago.
Are you referring to past due or current child support? When was he incarcerated?
Customer: replied 9 years ago.
Reply to BeckyH's Post: divorce was final as of 8/06.I paid his father one month of child support. THE remaining time my son was incarcerated.
Expert:  BeckyH replied 9 years ago.

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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