How is child support calculated when father is incarcerated?

Q: If i sign a birth certificate for a child and mother admits the child is not mine 2 yrs later , what can i do to stop support.

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Q: My husband paid child support directly to his ex-wife, she then turned it over to Family Support in a different state.

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Q: If I marry a non-custodial parent will I be responsible for his child support.

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Q: Do I have to pay additional child support for my pregnant teenage daughter?

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Q: Do I have to go to court to file a motion to stop support if the child is18 and about to graduate from HS in May?

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Q: Can a spouse get paid as primary caregiver for her disabled spouse Va?

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Question

How is child support calculated when father is incarcerated?

Anonymous Jun 23, 2015 Child Support 5 views 3 answers

My husband was not in jail when I filed for divorce(with child). I left him because he began using drugs. He had a decent job for a long time but was fired (for drug related issue) about 2 months prior to me filing for divorce. He was unable to be served with divorce papers until he was put in jail because he would not give his address and I didn't even hear from him. He will probably spend about a year or two in jail/prison. I am seeking sole time sharing/parental responsibility in my order. What will happen with child support? I was under the impression if you break the law and go to jail you are in jail willingly. Will they calculate it based upon his earnings if he didn't get fired for breaking the law? Thank you!

Leslie S Brady-AltenFamily Law AttorneyPort Saint Lucie, FL · Answer 1 · 2026-06-15T15:08:30+00:00

In my experience, child support will be reserved until he is released. At that time, you can go back to establish support, which will usually date back to the date of separation. Hope this helps.

William Rosenfelt · Answer 2 · 2026-06-15T15:08:30+00:00

I agree with Ms. Alten, however, you should contact an attorney in your area (many offer free consultations) to get specific guidance on this issue. Good luck.

Marian Lindquist · Answer 3 · 2026-06-15T15:08:30+00:00

I agree with the other attorneys and urge you to file for divorce now, while he is in prison and while it is easy to get sole parental responsibility. It is easy to serve someone in prison because you know exactly where they are. Child support does acrue, but is not paid, while a person is in prison. I would ask for it at the last level he earned and if the Judge declines to calculte an amount while he is in prison you can go back later.

How is child support calculated when father is incarcerated?

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