Q: I got sentenced to 15 months in prison, my child support added up the 15 months I served.
Is there any action I could take to get the amount that added up while incarcerated removed? I was never given a fair opportunity to pay. The person I’m talking to said I would have had to call to inform them that I was incarcerated, my biggest question was how, I did not have access to a free phone. I did not have anyone that could call for me. They also sent me mail while i served my time. Proving they had some kind of knowledge I was in there.
A: The obligation to inform the Friend of the Court is with you. It does not matter that they found out through other means. Technically, the notice you're required to provide indicates that not only are you incarcerated, but that you also have no ability to pay. While rare, there are people incarcerated but with the ability to pay, and so incarceration alone does not automatically do anything. Not saying it's fair, but it is the way it is. You will quite likely need to enter a repayment agreement for the arrearage amount.
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