Legal Question in Family Law in Florida

Child support for incarcerated child

If child support was awarded in the State of Indiana, until the child reached the age of 21, is the father still required to pay for an 18 year old who quit school at age 16 and doesn't live with either parent, and even if the child is incarcerated in the State of Florida? If not, which state would have jurisdiction - IN or FL? And, how would one go about stopping the child support obligation? Is an attorney required? Thank you.


Asked on 7/12/09, 2:34 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Child support for incarcerated child

I don't know whether you could file some kind of motion to terminate child support in West Virginia or Indiana, but Florida would not have jurisdiction. Under Florida law, jurisdiction for child support purposes is either where the order was originally entered (Indiana, in your case) or where the paying person currently lives (which I think is West Virginia, based on how you filed this post). It doesn't matter that the "child" now "lives" in Florida. One exception, though: if the mother lives in Florida, you could probably file here and get away with it. If you can file in Florida, you might want to because Florida law says the child support stops during incarceration of the child.

Otherwise, you'll have to speak to an Indiana lawyer and a West Virginia lawyer. Hopefully, their laws are a good for you as Florida's.

Read more
Answered on 7/12/09, 3:43 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida