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Paying Support Even Though Child is in Jail

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  • 04-24-2013, 08:48 PM
    joejohnson
    Paying Support Even Though Child is in Jail
    My question involves child support in the State of: Florida

    My son was incarcerated September of last year. My wife and I bonded him out in December and he came to live with us, in February we put him into a residential drug treatment program that we pay for, however child support is still being taken out of my disability check. Yesterday he was sentenced to finish his treatment (he graduates in August) and then he will be sent to a juvenile detention center for 18 months, he will turn 18 during his incarceration. Am I obligated to continue paying support while he is in residential treatment that I am paying for and then while he is incarcerated?
  • 04-24-2013, 09:02 PM
    jk
    Re: Paying Support Even Though Child is in Jail
    Your wife is not the child's mother?

    If not, and you have no arrears, you will pay until the order to pay is modified. If the child does not live with the mother, she is not entitled to receive child support.

    I suspect you may want to consider doing that because the bills for his treatment and subsequent incarceration will likely start soon.
  • 04-24-2013, 10:21 PM
    EA1070a
    Re: Paying Support Even Though Child is in Jail
    Yep. You need to file a modification ASAP. She is not entitled to support if he is no longer living there.

    Keep in mind, also, that as his parents you and mom may have to start paying support to the state for the cost of incarceration. This can vary by state.
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