Child support with other parent incarcerated

[Jatsecret]

I filed for divorce in the state of FL yesterday. My spouse is incarcerated for domestic violence on his girlfriend, same reason I left 3 years ago with out 2 year old daughter. She is now 6 and he has had the number the whole 3 years and not called her once. Will I get child support while he is in jail? I have never received any from him before. What about when he is released? How about visistation, being a convicted felon and also a known domestic violence felon and also drug problem? He resides in Texas and not in Florida. Any help is most appreciated. Thank you.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

1) He probably won't be making money while in jail..so that will be a problem. BUT, his child support obligations will still continue as long as your daughter is under 18.

2) As to visitation issues, his incarceration may be a good point for your lawyer to argue in your favor. I.e. argue he is an unfit parent.


As to all child support issues (back child support, present, and future obligations), when he gets out of jail you can have his wages garnished and register him with the D.A.'s office in your state. This way if he skips out on payment, he will be a dead beat dad and can be criminally charged.

I suggest you get a family law attorney ASAP to help you fugure this stuff out.

Try attorneypages.com
OR if no luck there, call your state bar association and ask for lawyer referral.

 

[Leigha4]

My fiance was ordered to pay child support for his son when he separated from his wife, and when he was incarcerated for 3 years his wife tried to get the child support and it was denied because he was incarcerated. The money will acculate while they are in prison or jail, but when they get out all they have to do is petition the court for a waiver of the arrears based on the fact of incarceration. And that waiver is acknowledged by the courts. Now, wait til he gets out, then apply to the courts for child support and back support. You will get it.
As for visitation, he is entitled to visitation, but you can request that a drug evalution be done before a visitation schedule be set up, and also ask for supervised visitation. My fiance was incarcerated for drug trafficing and is allowed to see his son because he passed a drug evalution and random drug screening (urin tests). Mind you if he didn't pass these tests, he would not be allowed to see his son alone, but would be able to see him supervised.

 

[Jatsecret]

Thanks for replying. I thought this country was acctually trying to help children and to here your story I guess this is not ture. My ex was on parole for 9 years and did drugs the whole time and passed every one of his drug screenings. Lots of things on the market to cover up drug tests. Right now if they give my ex vistation after my daughter witnessed the domestic violence then I guess I will totally lost faith in this country and its laws. The damnest thing about it is Mr. Clintons new welfare/HEALTH CARE LAWS. Only allowed two years on it and then you get kicked off, so now my daughter doesnt have health insurance, plus I dont recieve child support. Something has to be missing here!! Luckly I earn enought to take care of us!