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Barbara L. Jouette, Attorney, P.C.
888-268-7997 / 214-385-4562

Can I receive child support from an incarcerated parent?

If you have a child with a parent who is now incarcerated, you actually can and should still receive child support payments, provided you are raising the children. However, the amount of child support can be modified or lowered if appealed. That's because it is calculated as a percentage of the income made by the noncustodial parent.

The determination of the percentage of net assets paid by the noncustodial parent varies from 20 percent or more for one child to 40 percent or more for five children. This percentage may not translate directly to situations where the incarcerated parent has children in different households.

While the parent is incarcerated, if they are able to continue paying child support, it may be in their best interest. However, since they are not continuing with their regular employment while incarcerated, they may apply for a reduced payment amount. It is important to note that this is not something that is done automatically. The application has to be completed by the parent and filed with the court that has jurisdiction in your case.

If your spouse or child's parent is incarcerated or is facing incarceration and you want more information on the pursuit of child support and how it may be affected during this time, a Texas family law attorney may be able to shine considerable light on the matter. If you are in a collaborative relationship with the parent, you may be able to advise them on how best to handle their child support payments during incarceration in order to keep the best interests of your child in the forefront.

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