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What happens with visitation and child support if a parent is incarcerated?

February 10th, 2013 3 comments

I was wondering what happens with visitation and child support when a non-custodial parent is incarcerated.

My brother and his wife have been going through a separation. He has primary custody of his children. He recently filed for his ex to pay child support. However, two weeks ago she was caught burglarizing a home 20 miles away, and she now faces second degree burglary charges, a felony. If she is sentenced to prison will a judge require the children (ages 6 and 9) to visit her there? And what happens as far as the support that she obviously can’t pay while incarcerated? Is that something the noncustodial parent has to pay when they get out in addition to their current child support payments?

Then, prior to those charges, she admitted in family court to the sale of stolen property, which she was then ordered by the judge to retrieve and return. She has since failed to do so, and a week before her burglary she also filed a false police report against my brother with charges which he can prove are false. Will this sort of stuff result in additional action being brought against her, or would they be brushed aside since she already faces the burglary charge for the home she broke into and stolen from?

This stuff is new to my family and I, as my family doesn’t affiliate itself with such criminals and has never had to deal with court issues aside from child custody.

No the judge may say not to take the kids to such a place but may allow for phone calls but then again who ever has the kids don’t have to accept the call either.
Well if she can’t pay the adult that has these kids will have to support them totally no support from her till shes out then she has to find a job and start paying the support ordered by the courts but do keep in mind the kids will not stop growing or eating or needing things or you for that matter for the kids entertainment’s or social life like sports or schooling so the support should be raised after she gets released again since she wont be paying for yrs to come….
If the charges are false and he went to jail she could be charged with false arrest since she accused your brother of charges that were not so… With all this hanging over her she will be placed in jail and more than likely not get bond since they will figure her as a high risk and she will have to sit her naughty butt behind bars till court comes to a decision to either prosecute or take to trial. All she has done is add fuel to her fire she has a track record of doing but not finishing she will now!!!!!!!!!!!!!!! Iam sure you have watched court TVs before its similar but this is real life issues she is facing serious charges and the family she took from should slap charges on her and make her pay for her stupidity and for your brother he best drop this one..