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If the non-custodial parent is incarcerated is he still obligated to pay child support?

Decatur, GA |

My childs father is incarcerated on drug charges. He has not been sentenced yet. I know if in prison he cannot pay his child support, but will the state (Maryland) stop his payments. Or will it add up and he will have to just owe back pay after he is released.

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Attorney answers 1


Typically, the state will garnish a certain amount from his "books" while incarcerated and any earnings while inside. He could ask the state for a temporary modification for the time he's in prison. If he doesn't do so, then child support will continue piling up and he will owe (except for whatever is garnished).

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