What is Child Support?
A child support is a court order that designates a parent to provide childcare and other related expenses. The court will issue an Order of Support, which makes it obligatory for the other parent to pay the child support expenses as owed. In a scenario where the parent, who has a registered case with IV-D Services, can contact them for assistance in enforcing the child support payment order.
Child Support for an Incarcerated Parent
The responsibility of a parent to pay child support as ordered by the court will not change, even if the parent is incarcerated. Going to jail is not something a parent would plan for. If faced with a difficult and unfortunate scenario like incarceration, it becomes important to seek assistance of a professional child support attorney to explore your options when you are facing incarceration and have to pay for child support.
Child Support Suspension During Jail Term
A parent who owes child support is obligated to pay the other parent, regardless of the jail term. However, if an incarcerated parent is looking at imminent jail time, they have an option to evaluate the child support agreement under the supervision of a skilled child support attorney.
Accumulated interest on outstanding child support payments is one of the biggest concerns for an incarcerated parent who owes child support. Moreover, prisons have a unique system of locating any child support obligors who have remained unaccounted for so far. An incarcerated parent who owes child support has two options:
- Request for a considerable reduction in child support during the incarceration period.
- Suspend child support during the incarceration period.
From the available options, a parent has the right to request child support suspension or reduction, but the final decision will rest with the judge. To help make your case stronger, it is essential to seek the services of a competent child support attorney who can help reduce your child support payment if you are in jail.
As a non-custodial parent who is incarcerated – but obliged to make the child support payment, they can request the judge to review their case. In Illinois, child support is a court order that must be met, regardless of the conditions. Failing to meet child support payments is considered as a contempt of court.
However, an obligor can request the judge to file a motion for child support modifications based on substantial change in circumstances. In case, if the non-custodial parent is unable to pay child support, the court will consider the assets owned by the parent. By utilizing any assets owned by the incarcerated non-custodial parent, the court can enforce child support payments as ordered.
If you require any assistance regarding child support payments while you are incarcerated, you are eligible to schedule a free consultation. Contact Casement Law Group at (847) 888-9300 to speak with an experienced child support lawyer to help understand your rights and obligations. We are here to answer all your queries.