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).
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.
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.
