Do I Pay Child Support If my Child is In Jail?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

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

Question: 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.