Divorcing parents will need to address the financial and custodial aspects of divorce using a parenting plan. This is another way of referring to child custody, child support, and visitation issues, among others. If the other parent ends up incarcerated, what happens to the child support and other obligations? To find out more, read on.
Changes and Modifications
Anything that applies to the children of divorce remains "open" until they reach the age of majority in their state. That means all orders for custody, visitation, and support can be modified by going back to court. The incarceration of the parent almost assuredly prompts a need to revisit the parenting plan and make changes as needed. You will need to take action by speaking with a lawyer about the need to alter orders. Custody orders, visitation agreements, child support, provisions addressing healthcare coverage for the child, and more will need to be reexamined to ensure minimal disruption to the child. Here are some issues that might need to be addressed:
- Child custody – Unless the incarcerated parent had full physical custody of the child, it might not be necessary to change the custody plan. Judges almost always favor custody being awarded to a biological parent. Keeping the best interest of the child in mind, however, might mean giving custody to a grandparent or others if the other parent is not considered fit. Naturally, visitation may need to be changed, at least during the incarceration.
- Child support – While child support is important to the well-being of the child, the incarcerated parent's ability to pay the ordered amount may change. In some cases, judges have been known to order an incarcerated parent to forfeit property like investment accounts in order to continue paying support. No matter what, being incarcerated is not an automatic excuse to stop paying the obligation. In some instances, the incarcerated parent fails to address their child support obligation, perhaps assuming that it just goes away since they are unable to pay it, and ends up having more charges to face when they get out of prison.
Protecting Your Financial Interests
Follow these tips to ensure that an incarcerated parent affects your child and financial situation as little as possible:
- During the divorce, your spouse likely submitted financial disclosure information about assets. Review this information with an eye toward accessing property to be used instead of income for support.
- Speak to a lawyer about modifying child support, custody, and other orders.
- Seek out the services of a forensic accountant who is skilled in locating hidden assets of your ex-spouse.
- Be prepared to repeat this process when your ex is released.
Speak to a divorce law attorney to learn more.
