Legal Question in Family Law in Texas
can you recieve child support when other parent is in prison?
my ex has been in prison for 10 years. we 2 kids togher he does not support them. hi dad gives him 400.00 dollars a month to be inthere. is there a way to get some of that money to help support the 2 kids?
1 Answer from Attorneys
Re: can you recieve child support when other parent is in prison?
Short answer - No.
Unfortunately, when someone is already in jail, its difficult to threaten them with contempt of court. However, when he gets out, contact an attorney about filing a Motion for Enforcement.
I realize your need is immediate, so perhaps contacting his father might be appropriate.
If your ex somehow gets employment while in jail and has an actual employer, you can have the Employer's Order to Withhold issued from the District Clerk in the county where your divorce was. That might at least start some payments.
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