Q: Child support - Child got in trouble with the law (drugs related) Child was thrown in jail from age 17. This voids CS?
Child was selling drugs, etc. He was caught and prosecuted for different offenses. If in jail, how does this work with child support?
Hello and thank you for using JUSTIA. The child is still a minor and has a legal right to receive child support Even if he is in jail. The differences now is that said child support payments will be maid to the party whom has his custody thus the Juveniles Corrections Department in the child's name to cover his needs while incarcerated. You will need to file a Motion to the Court to change the support payments and possibly reduce the amount to be paid since his expenses have changed due to his incarceration. Depending of the length of his Sentence, you may be able to reduce the amount of child support payments to be made monthly.
You need to discuss this matter with an Attorney before you file any Motion to decide what is the best course to take and how you proceed.
If you require additional information feel free to contact me directly.
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