Can I get child support if the father is in jail? 17 Answers as of July 11, 2013

My son's father is in jail and more than likely he's not going to get out. Is there a way that I can get some assistance for my son?

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Pontrello Law
Pontrello Law | William Pontrello
Practically speaking, probably not.
Answer Applies to: Florida
Replied: 6/22/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
I would suggest talking to the child support division of your local prosecuting attorneys office. Practically speaking, if you do not qualify for AFDC for the child, that may depend on whether the father has any assets that could be attached for child support.
Answer Applies to: Washington
Replied: 6/22/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Being in jail does not eliminate the legal obligation for financial support. However, the reality is that a person in jail has little or no income for payment of child support; so unless there are other sources of funds, getting a child support order may be useless or insufficient.
Answer Applies to: Colorado
Replied: 6/21/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You should contact the State to assist you in establishing an obligation.
Answer Applies to: Washington
Replied: 6/21/2011
Vincent J. Bernabei LLC
Vincent J. Bernabei LLC | Vincent J. Bernabei
Probably not unless the father has some independent resources.
Answer Applies to: Oregon
Replied: 6/21/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    This question is highly state specific.
    Answer Applies to: Ohio
    Replied: 7/11/2013
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Probably, although it will depend on what state you are in. In Washington (my state) the amount of child support is based upon the income of both parents. When a parent is in jail, that parent is regarded by the court as having no income. This means that so long as the father is in jail, the best you could possibly do for child support if $50 per month per child. In terms of whether you can get state support for your child, that is going to depend on the state's public assistance rules.
    Answer Applies to: Washington
    Replied: 6/21/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If the father is in jail, no you cannot get child support since he has no income.
    Answer Applies to: California
    Replied: 6/21/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Your child support comes from the father.
    Answer Applies to: Washington
    Replied: 6/21/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You can apply to the county for assistance but no you won't get child support while he is in jail.
    Answer Applies to: Wisconsin
    Replied: 6/21/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Unlikely without income or assets of some sort.
    Answer Applies to: Connecticut
    Replied: 6/21/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    In Georgia, if you have a child support order, the child support will continue to accrue until he gets out. Aside from this, you will have to look to public assistance such as food stamps, Peachcare, etc. for additional support.
    Answer Applies to: Georgia
    Replied: 6/21/2011
    The English Law Firm
    The English Law Firm | Robert English
    Generally support is partially based on the income of the father. If he is in custody, then he likely has no material income.
    Answer Applies to: California
    Replied: 6/21/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If you can't prove that the father has the ability and opportunity to work while in jail, you likely won't be able to get an order from the family law court for child support. You might try to qualify for some sort of public assistance, under your circumstances.
    Answer Applies to: California
    Replied: 6/21/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Under Minnesota law, child support is unlikely when a parent is incarcerated since that parent has no income from which support can be paid - unless there is a financial asset that can be used to satisfy a child support obligation.
    Answer Applies to: Minnesota
    Replied: 6/21/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    The reality is that while he's legally obligated to support the child, if he's in jail and doesn't have an income, unless he's got some income producing property there probably isn't much you can work with in order to get support, particularly if he's not getting out of jail.
    Answer Applies to: Georgia
    Replied: 6/21/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Obviously, you can't collect child support from someone who isn't working, unless he has assets.
    Answer Applies to: Georgia
    Replied: 6/21/2011
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