child support during incarceration

[tstevans]

My ex currently was released from jail, he is now asking the prose courts to back date our order due to he could not work while in jail, is this something the courts would consider in the sate of PA

 

[BL]

He can ask for it , but that don't mean it will happen .

And I doubt it would .

 

[Sugarbaby1977]

Were you on Public Assistance? If so he will have to pay back the state.

 

[tstevans]

I never received public assistance, i've been doing it on my own the entire time.

 

[Sugarbaby1977]

You can probably forgive the arrears.

 

[ceara19]

You can probably forgive the arrears.

If that is what you WANT to do. You are not OBLIGATED to. It's not your fault he went to jail and couldn't pay his child support.

 

[tstevans]

child support

i don't want to forgive them, he has never made a payment voluntarily, in fact he will not even get a job just to make sure that they can not take the child support. I have received 2 payments since 2000, one was only because they jailed him and he had to pay a portion to be released and then the 2nd was they froze his bank account and released the funds to me. My son's financial needs did not stop because he was in jail. In actuallity they got higher, and my income has decreased do to i was laid off and had to start all over again at a new comapny. all i want from him is to either pay what is order, which is only $150.00 a month or sign his rights away and leave us alone. Any advice that you can provide is very much appreciated.

 

[ceara19]

He really has no grounds to even ask that the arrears be forgiven. Granted he was in jail and couldn't afford to pay, but there was no reason for him not to file the modification when he first went to jail.

You may be able to use the arrears as leverage for terminating his rights, but first you will need to find out if it is even possible to do this. TPR's are not usually granted only because one or both parents WANT to.