Legal Question in Family Law in Georgia
If a non custodial parent is incarcerated for a period of years and has no income is he still responsible for the monthly child support payments?
Asked on 3/29/12, 11:39 am
2 Answers from Attorneys
Glen Ashman
Ashman Law Office also dba Glen Ashman Attorney
Yes.
Answered on 3/29/12, 6:33 pm
Tahira Piraino
Tahira P. Piraino
The obligation does not cease because a noncustodial parent is incarcerated. Sometimes the noncustodial parent will have a family member pay the support and then pay the family member back when released. There would be no point in filing a contempt while incarcerated if the the noncustodial parent has no means of paying. However, once released from incarceration, the noncustodial owes current plus the arrears.
Answered on 3/25/13, 12:38 pm