What Happens to Child Support when your Ex goes to Jail?

It would be wonderful if all people who owed child support felt a duty to pay it for the sake of the children. Unfortunately, many people try to dodge it by ignoring notices, moving around, or sometimes even physical violence against their exes.

In Sumter, South Carolina, one man was caught doing just that. He has been arrested for criminal domestic violence of a high and aggravated nature. The story from the police report goes like this. The ex-wife noticed that her ex-husband had drove up to her house in the late evening. When she went out to investigate, he dragged her by the hair, slammed her against a tree, and put a gun to her head. He told her that he should have killed her because she told child support enforcement officials where he lived.


It is unknown how to woman escaped the situation, but the man is now in a detention center awaiting his bond hearing.


If someone who owes child support goes to jail, that doesn’t mean that their obligation disappears. The court can examine whether or not the incarcerated person has other assets that could be converted into cash. They will be required to do so unless they can convince the judge why this would be an undue burden on them. If the jailed parent’s situation is especially dire, child support payments could be put into arrears until the jail sentence is complete.


For more information about what to do when the person who owes you child support goes to jail or prison, contact Elise Buie Family Law Group, PLLC.

STAY UP TO DATE

Subscribe to our newsletters

 
Subscribe to one or more of our newsletters, delivering meaningful insight on topics that matter to you and your family.

FURTHER READING

Latest Blog Posts

If you are getting divorced, you may be worried about what it will do to your finances. Maybe your finances are heavily intertwined with your spouse’s, or you are worried about what your future will look like, given these changes.…

Establishing paternity and parentage is important for many families and parents. Regardless of why you want to establish paternity and parentage, the process has the potential to be confusing, especially if you are unfamiliar with the terms and rules for…

After divorce, you may find yourself living on one less stream of income than you did when you were married and want to find a way to make up for it. Or even if you didn’t lose any income by…

If you are in the process of getting remarried, a prenuptial agreement may be the last thing on your mind. It should be at the forefront of it, however, as it can be beneficial for you, your spouse, and, if…

As a mom of four (now adult) kids, I remember well the flood of emotions that came each time they went to my ex’s, especially during the early days of my separation and eventually after my divorce. Not only was…

The holidays can look much different during a divorce than they did only a year earlier, and the changes can take some getting used to. The challenge is that you have to start somewhere, and in these “newer” moments, it…

You can use Collaborative Law to support your process of creating and negotiating a prenup with your partner.

In Washington state, if you are involved in a custody dispute, which involves difficult questions related to specific needs for your children or serious parenting deficits (such as mental health, substance abuse, or domestic violence), an evaluation service may be…

Apologizing can be hard, especially if you have a contentious relationship with the person you are apologizing to. If you want to have a polite (even friendly) relationship with your ex in the future, though, owning up to and apologizing…

In the same way that every divorce is different, so, too, is every divorce lawyer and the law firms where they work. From lawyers’ individual personalities, expertise, and experience to law firms’ varying cultures and values which provide the framework…