When a parent does not have physical custody of their child, they are usually ordered to pay support for the benefit of the youth. In Florida, child support may be used for everyday expenses to maintain a child’s livelihood as well as for extracurricular expenses, vacations and other enjoyments. A parent who must pay child support has options for having their child support obligation modified, though incarceration is generally not an acceptable basis on which to have a child support order changed.
A parent who is ordered to pay child support but who is in prison will not usually pay child support while they are incarcerated. The payments that they are responsible for will accrue, and the parent may have to make those payments once they are free.
If an incarcerated parent seeks to have their child support obligation modified while they are incarcerated, the hearing will not occur until they are out of prison. Once they are released, then their legal matter may be heard ,and a court may choose to make changes to their repayment obligation or reduce the sum that the parent is responsible for providing given their financial situation.
The State of Florida has a process that noncustodial parents may utilize to have their child support obligations modified. Although there is no guarantee that a parent’s request will be honored, it can helpful for those parents who wish to make changes to their child support agreements and orders to secure the support of family law attorneys. Lawyers who include family law in their practices can provide their clients with the case-specific guidance they need to make responsible decisions about their legal options.