Phoenix, AZ asked in Child Custody and Child Support for New Mexico

Q: Child support: How does the custodial parent receive relieve or payment when the paying parent is in prison?

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1 Lawyer Answer
Paul Ylvisaker
Paul Ylvisaker
  • Divorce Lawyer
  • Sierra Vista , AZ

A: You are in a difficult situation. If the parent owing support is imprisoned, then obtaining child support is usually not feasible. Some states will reduce child support to $0 during incarceration, others will allow the monthly balance to accrue at the monthly amount creating a potentially large arrears balance that the parent is likely to never pay or have the means to do so.

In terms of assistance, without self-support there are a number of state and fedral public assistance programs that can provide temporary assistance in the form of healthcare, food assistance, housing, and in some situations financial assistance. There are a variety of requirements to qualify for these programs starting with being below a certain threshold of minimum income.

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