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  1. #1
    Join Date
    Oct 2006
    Posts
    2

    Default Fiance is incarcerated

    My fiance is incarcerated. He was served divorce papers by his ex 10 years ago and he signed them all with no legal counsel. At the time she did not ask for child support. He believed all this time that he was divorced. Now, 10 years later he received litigation papers from her - Complaint of Divorce. He said the only difference between these papers and the other ones is that she is now asking for child support. I have several questions.
    1. Does this mean they are not divorced?
    2. Can she get child support from the past 10 years, or just from the time she filed this last time?
    3. Will child support be based off what he makes in prison? Or is there a minimum payment?
    4. If we get married, can they take my wages and savings?
    5. If he is paying child support, does he have rights to have contact with his son? She has not allowed him any contact in 10 years. (Not even a picture.)

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Fiance is incarcerated

    1) If he was divorced, he would have gotten a written notification from the courts 10 years ago. Something called a "Divorce Decree"
    2) Child support is not retroactive. He will only have to pay from the time she files.
    3) Every state has a different calculation for CS. Google "child support calculator {your state}"
    4) They wont take YOUR anything, unless his name is on it. For example, a joint checking account. For them to take anything, he must be in arrears.
    5) He would need to go back to court, and ask that the visitation schedule be modified. The fact that he is in prison sure won't help him any. But being a felon, ex-con, whatever is usually not reason enough to keep a father from seeing his child. He would more than likely get supervised visitation rights a couple hours a week. If he keeps his nose clean for a few years, he will get more visitation.

  3. #3
    Join Date
    Oct 2006
    Posts
    2

    Default Re: Fiance is incarcerated

    Thank you, this was helpful.

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