Legal Question in Family Law in Illinois
In Jail-still liable for child support?
My best friend is currently in jail, and his ex wife has written to him stating that she is going to sue him and have him thrown back in jail for not paying her child support owed to her since he's been in jail. He was current on child support payments before he was put in there, but now, he obviously does not have any income, so is he liable for child support for the time he's been in jail?
1 Answer from Attorneys
Re: In Jail-still liable for child support?
Hello. Yes, your friend owes child support even
when he's in jail. He needs a lawyer to go into
court and have child support suspended. The
child support will continue to accrue, but at
least the court will know where he is and not
further penalize him. After he gets out, the court will bring him back in so that he can
get on a catch up plan and also to reinstate child support based upon his income then. If he is not working, chances are excellent that the court will make him maintain a diary of his efforts to find a job. He could be made to come to court every week to report to the judge on his job hunting progress.