Parents who are incarcerated in Texas may still receive child support or be ordered to pay child support even while in jail. During the time that a parent who owes support is in prison, he or she will receive monthly statements detailing how much back support may be owed. Those who are incarcerated are urged to provide any support payments possible while in state custody.
It is possible for a child support order to be changed while an individual is in jail or prison. However, only the judge in the case has the authority to change an order. Before this happens, the judge may allow the other parent or other parties to present evidence that may influence his or her decision to change a support order. One way to ask for a change in child support is to fill out the Texas Office of the Attorney General's Incarcerated Noncustodial Parent Affidavit of Income/Assets form.
Custodial parents who are incarcerated may have their support sent to them in the same manner that it has been in the past. Only a court order can change how support is paid or who gets the child support payments. In some cases, the court will order that support money goes to the person who has physical custody of the children.
Parents who have questions about child support orders may wish to talk to a family law attorney. An attorney may be able to explain the process of getting a support order changed or how the status of overdue payments may be impacted by a change to a support order. Finally, an attorney may also be able to help a parent who has been incarcerated to complete the process of asking for a child support modification order. Information in this article is not intended to be specific legal advice.
Source: Office of the Attorney General, "CHILD SUPPORT Information for Incarcerated Parents and Parents Returning to the Community", December 30, 2014