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I have case to collect child support.. He was just sentenced to prison
Q) I have had an open case to attempt to collect child support from my ex-husband for several years. He was just sentenced to prison in Florida for the next 10 years. 2 of the 3 children are now 22, but I still have a 15 year old at home and could really use support. Am I able to get any support from him?
A) The court can hold a person in contempt of court for failing to pay a child support order even if he or she is in jail. The parent who is in jail must show that he or she cannot pay the support. An incarcerated parent may actually be able to pay the support. An incarcerated parent can continue to pay child support while in jail if they have income or assets that can be used to support their child. Examples of income or assets that may be used to pay child support while a non-custodial parent is incarcerated include: Rental income. Disability or retirement benefits. Unpaid child support is called “arrears. Source: https://www.verywellfamily.com/incarcerated-parents-and-child-support-2997981
Your child support payments can be changed only by a court’s modification order. The modification process can increase or decrease payments. The ways you can lower child support payments will vary by circumstance. You will need to convince a court that the financial situation of one or both of the parents has changed substantially generally. To lower your payments, you will need to file a motion in court to modify your child support payments. Most courts have pre-printed “fill in the blank” motion forms You will need to file this motion in the court that issued the initial child support order.