Legal Question in Family Law in Minnesota

paying child support while in jail

The father of my two children was in jail for his 4th DWI for 7 months. The courts drop his accrued child support during that time with no motions filed. Can they do that or do I need to seek legal help to get my back pay?


Asked on 4/03/07, 11:59 pm

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: paying child support while in jail

I would need additional information to properly answer your question. It is not clear to me whether the court suspended his child support obligation during the time he was jailed (so that he did not accumulate arrears), or whether the county merely suspended collection efforts. Either circumstance is possible. If the court suspended his support during this time pursuant to an order modifying his obligation, you may not have any recourse, although I would need to review the order.

I would assume the court set the matter on for a review hearing following his release, or perhaps merely ordered that his obligation would be automatically reinstated at that time. If the court set the matter on for review, I would recommend you at least speak to a lawyer about the obligation.

You can contact me if you have additional questions or concerns. My contact information is below. Good luck.

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Answered on 4/04/07, 2:20 am


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