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How incarceration can impact child support

Parents who owe child support in Texas or any other state could still be liable for making payments while in jail. In some cases, a judge may be willing to review an existing support order before either the custodial or noncustodial parent begins their sentence. An individual could be required to continue making payments according to the original agreement depending on the circumstances in a given matter.

For instance, a person could be required to use passive income or savings to provide for a child while in custody. The parent could also be required to sell assets or to sell portions of an investment portfolio to provide financially for a son or daughter. It's possible to ask the judge to issue a contempt order if the noncustodial parent is in jail. However, the noncustodial parent will have to prove that it isn't possible to make child support payments as ordered.

If no such proof is offered, a court could decline to suspend or modify an order. It is important to note that a parent will generally be allowed to maintain a relationship with a son or daughter while incarcerated. State government agencies can help a noncustodial parent ensure that this happens, and the government may also help an incarcerated person find work after being released.

There may be a variety of penalties imposed on those who fail to pay child support on time. This may be true even if a parent is in prison, and those penalties could include additional jail time or interest added to the amount in arrears. A family law attorney could help parents deal with these complicated issues.

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