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What would be the process for child support arrears while incarcerated?

York, PA |

My brother was incarcerated in federal prison May 2000. In 2001, 4 women filed PA child support claims. He never received a hearing or a response to requests for paternity tests. While incarcerated, he received letters from Domestics stating they could not collect while he was incarcerated, but upon release in June 2011, he owed almost $40,000 in arrears. He had 2 tax returns garnished for this, as well as current support garnishment from his pay. Does he need to file a modification or provide proof of incarceration to Domestics to drop these arrears? Also he still wants paternity tests. Any information on how to go about this from Florida for PA, or what forms to send/request is appreciated. Thank you.

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Attorney answers 1


It is hard to say without reviewing the court order(s). From the information you provided, the arrears appear to be for periods before he was incarcerated. If that is the case, when he gets released he will owe the money and they will come after him for it. In other words, if the arrears were established for periods when he was not incarcerated, he owes them.

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