Incarceration considered "nonvoluntary" reduction of income

[bononos again]

What is the name of your state (only U.S. law)? PA
Hi all!
Just wanted to give an FYI and complain of course.
Did you know, since 2007, in PA, incarceration is now considered a "nonvoluntary" reduction of income and support can be stopped!!!
This is so wrong!
How can choosing to commit a crime not be voluntary???
And, how is this in the best interest of the child???

 

[strongbus]

so what the state of maine is the same way. Had an uncle in for a few years and why in jail he was exempt for his CS payments. Think the rule is if you are dependent on the state for supporting you then you don't pay. Same thing up here if getting cash assistance you don't pay CS.

 

[justalayman]

I agree with you bononos, in most circumstances. There are some crimes that are not intentional (as an example: manslaughter due to a vehicle accident) that I could see accepting the incarceration was not due to an intentional act but in general, yes, criminal acts are intentional and should not be considered an involuntary reduction of income.

 

[NellieBly]

I guess crime does pay.

 

[justalayman]

I guess crime does pay.

In Illinois, about $75/month

 

[stealth2]

The involuntary part is getting caught.

 

[SESmama]

So what happens if you are in jail for failure to pay child support?

 

[GinAA]

So what happens if you are in jail for failure to pay child support?

Great point. Seems like a terrible circle to me.

 

[Antigone*]

And at the end of the day the child(ren) are the ones who ultimately suffer.

Good to see you again, bononos again. It has been a while.

 

[nextwife]

For discussion sake, let's use the case of someone who was incarcerated for many years, then exonerated through new evidence usch as DNA testing, which was unavailable at the time. Their incarceration WAS involuntary, they were later found to NOT have "chosen" to commit a crime, their freedom was taken away, as was their right to be a part of their child's life.

Should they also be sprung owing tens of thousand's in child support due to something they had no control over?

None of us are so naive that we believe every incarcerated person was correctly convicted. Nobody is ever convicted in error due to unreliable "eye witness" statements or mistaken for someone else? Nobody is ever sent to jail over someone elses crime?

 

[bononos again]

Good to see all of you too!

My thought...
There are work release programs, so, a person who is facing incarceration and is responsible to pay child support should have that considered in sentencing. Certainly it may depend on the crime and length, but, for example in my situation, ex is facing (from second hand knowledge) 3-5 years. There should be either an additional sentence for work release or a reduced jail sentence, but, time added to be served on work release until the arrears that accumulate are paid. This makes sense rather than allowing criminals to shirk responsibilities, again.
To my knowledge, in my county, if you are incarcerated for child support only, you are put in a work release program, not just thrown in jail.

 

[mistoffolees]

What is the name of your state (only U.S. law)? PA
Hi all!
Just wanted to give an FYI and complain of course.
Did you know, since 2007, in PA, incarceration is now considered a "nonvoluntary" reduction of income and support can be stopped!!!
This is so wrong!
How can choosing to commit a crime not be voluntary???
And, how is this in the best interest of the child???

I guess the kids don't need to eat while one parent is in the slammer?

 

[bononos again]

I guess the kids don't need to eat while one parent is in the slammer?

Nope. The criminal gets 3 squares a day, a roof, bed, heat/air, water, gym, library. I guess who cares what the kids get!?!

Not that I have ever relied on Child Support, but this seems wrong in so many ways.

 

[davidmcbeth3]

I don't see any problem with the law.

Anybody who depends on CS to actually take care of their kid should not have had the kid to begin with. What if the other parent dies?

 

[Silverplum]

I don't see any problem with the law.

Anybody who depends on CS to actually take care of their kid should not have had the kid to begin with. What if the other parent dies?

As usual, david, it's been a complete pleasure having you visit FA and spout your ideas. Thank you for revealing your moronicity.