Child Support During Incarceration

Asked over 1 year ago - Syracuse, NY

I've been incarcerated since October 2012 and will be for the next 10 years. My child support payments have been adding up since I've been incarcerated and obviously can not pay them since I'm incarcerated. Will they keep adding up for the next 10 years? How do they expect me to keep up with the payments if I don't have an income and not even able to earn an income in any way? Can I dispute this somehow? I need solutions please! Thank you.

Attorney answers (4)

  1. Louis Lawrence Sternberg

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    Contributor Level 18

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    Answered . You'll need to file a downward modification petition to lower your support order. Depending on the reason for your incarceration, the court will probably lower your support order but the order WILL NOT terminate / be suspended while you are incarcerated.

    It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We... more
  2. David Alexander Browde

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    Contributor Level 20

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    Answered . You can't dispute arrears. You can seek modification going forward - and should. Get a petition filed in Family Court ASAP.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  3. Pieter G. Weinrieb

    Pro

    Contributor Level 9

    Answered . File a downward modification in the county where the child resides. Court may not grant modification because of your incarceration, but perhaps the child's mother will consent to a lower number.

  4. Deborah G. Fiss

    Contributor Level 14

    Answered . Sorry to be the killjoy, but incarceration is not a basis for a downward mod. Best bet is to see if supportive family could help pay your obligation as the children deserve to live in a manner "pre-problems." It is not their fault you cannot work and your poor judgment will not be rewarded legally.

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