“Do I still have to pay child support if my child has gone to jail for drugs?”

Until your order is modified, you are under a court order to keep paying the support amount. Though you may be entitled to a refund for overpayment or you may be exonnerated of any wrongdoing if you truly would not have had to pay the support, it is better to deal with things up front. Also, you may be accruing juvenile incarceration costs so you want your resources to go to the proper place. Since your child is in jail, you likely need to request a modification of support to terminate your obligation towards your ex (since your child is not in her care and control), so that any funds that you may be obligated to pay to the State or County are available for that purpose. You fail to seek a modification at your own peril.

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Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.