Legal Question

What is the name of your state? Indiana

My son is 13 1/2 years old and has just been sentenced to at least six months a juvenile detention center. My question is does his father still have to pay child support while he is detained? I have full custody.

[kat1963]

Basically if there is a court order he has to follow it until it is modified. That is not to say however, that if he continues to pay, then files for modification, you will not end up being responsible for refunding the money or having your child support sanctioned. That however will be up to the judge; I just don't want you to have a false sense of security without realizing the possible consequences. In addition, there is this and I'm not sure if you checked on it or not, but in some states/different counties even, if a minor is held, the support goes to the institution, which includes your share of support for the child as well. If you aren't sure, look into it. I had a friend (of a friend) get hit with a huge bill month’s later (support that was received from the NCP & the his share as well, big, big, bill, so cover your bases!).

Boy 13 years old eh? You certainly have your hands full. I can only imagine what you are going thru.

Good Luck!

KAT

Thank you for responding. I am thinking of starting a savings account for my son while he is gone. I have heard of institutions charging a child support typing payment. I haven't been told of any. In fact, I talked to the place where he is being evaluated for the first two weeks to ask if I should get his medication he is currently taking refilled and bring it to them. They said that they may change it and besides the state pays for all medications while he is there.

I have to admit, I feel a little guilty taking the support while he is gone however I have all the parental responsibility should there be any even while he is in there. I am the custodial parent after all. I have had to deal with my son's emotional problems since he was small and moreso in the last two years. I hope and pray that they send him somewhere where he can finally get the help he needs. He was so aggressive and defiant at home and school that I could no longer handle him. He is adopted and his birth mother drank during her pregnancy. I believe he has severe FAE.