Charlotte, NC asked in Child Support for Georgia

Q: Does child support continue to accumulate if the payee goes to prison?

Also, if the parent ordered to pay child support lied about his self-employment income and the judge disregarded what you presented; however, you now have the verification based on court documents done in another area of a court, can anything be done by this? This person not only purposely misrepresented his income to the judge when she was determining the new order amount but also by requesting a poverty affidavit to waive the court cost filing fee for modification of the support order (which he only filed after I held him in contempt for not paying as originally ordered).

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1 Lawyer Answer

P. Justin Thrailkill

  • Fayetteville, GA
  • Licensed in Georgia

A: Yes, child support accrues even while someone is in prison. You could file for a modification of support, but, if they are in prison, it's hard to argue their earning capacity hasn't been diminished.

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