Q: If someone is awarded child support while other parent is incarcerated will law allow them to pay when out or go to jail
incarcerated parent is incarcerated when noncustodial parent got primary custody and awarded child support. will the other parent be in contempt before getting out or will court allow them to catch it up? both parents reside in Georgia in same county of Paulding. The child support was awarded in October 2016. The incarcerated parent will not be released till October 2018.
A: If the incarcerated parent has assets and some means of income while incarcerated and willfully fails to pay her child support obligation, then she may be held in contempt. Anytime a contempt action is pending, the Court must determine whether there is an enforceable order and whether the obligor has willfully failed to adhere to it.
Homer P Jordan IV agrees with this answer
A: They are technically in contempt, but it is unlikely a court would continue the incarceration. At some point common sense has to prevail. The custodial parent needs the noncustodial parent to work in order to earn an income to pay child support. They cannot do that if they are perpetually in jail.
Homer P Jordan IV agrees with this answer
A: I agree with my colleague, the facts of the case would be reviewed before a determination was made. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
