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Is it illegal to collect child support from a parent while…

Customer Question
Is it illegal to...

Is it illegal to collect child support from a parent while your child is in jail

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

A motion is being prepared but has not been filed yet

Lawyer's Assistant: Family law varies by state. What state are you in?

NY

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nope I think that's it.

Submitted: 1 month ago.Category: Family Law
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Answered in 5 minutes by:
3/20/2018
Family Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 1 month ago

The answer to your question is no; it's not illegal to collect child support while the child is in jail. The non-custodial parent can file a request to modify the payments until the child is released, but that would be up to the court's discretion to determine if cutting off payments is in the best interests of the child. The court may direct the money to go to the child's commissary account or toward their legal defense if necessary, but the answer generally to your question is no, it's not illegal.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
that applies to ny state?
Family Lawyer: Legal Eagle, Lawyer replied 1 month ago

Yes. There is no statute that addresses this specifically, mostly because most children do not go to jail and the state only has certain reasons why child support could be cut off (death of child, emancipation, child reaching the age of majority). So, in the absence of one of those three things, the non-custodial parent would have to get a court order to change the payments.

Did you have any other questions for me today?

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Family Lawyer: Legal Eagle, Lawyer replied 25 days ago

Hi, I noticed that we never had a chance to reconnect on this. I’m totally ready to help. Did you have any follow up questions for me or any other facts to add? If not, would you be so kind as to rate your opinion of my service?

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Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 10,210
10,210 Satisfied Customers
Experience: Licensed to practice before state and federal court

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