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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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Child Support for minor who is carcerated

Resolved Question:

I live in the state of texas and is currently paying child support to my ex-spouse for 2 children and which she has sole custody of, but one has committed a felony and he is age 16 and is now incarcerated and I would like to know what kind of impact would this have on me in relationship to me paying child support to her for a the minor child who is now incarcerated and might be there for a while. Also he has been incarcerated for 6 months and she continues to recieve child support for him also and I also want to know if I have the right to be credited for child support paid while he is incarcerated.
Submitted: 9 years ago.
Category: Family Law
Expert:  RayAnswers replied 9 years ago.
Thanks for your question. this is a tough and unique circumstance here. You would have a duty to support the child under the law but in my mind the court should reduce your support during the period of incarceration.

This would be totally up to the judge in this type of matter. It would fit into a case by case kind of thing. I cannot see that the mother who receives the support is helping the child in any way here.

I think that this would be the kind of thing that you file a motion to modify support here. You would cite the incarceration as a change of circumstance. I'm not sure what having you pay support here would offer benefit wise to the child. I can see the court reducing your support by one child here. You may need to obtain a lawyer here to file for reduction and argue the matter here in court. I wish you good luck in your situation here..

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