It feels isolated to be the parent of a child when your co-parent is in jail. All the day-to-day responsibilities of raising that child rest on your shoulders. Your co-parent’s family may make an effort to lend a hand when possible. You may even allow your children to visit the jail where you’re coherent is staying. However, that does not take away from the reality that raising a child without assistance is very difficult. Acknowledging this is the first step towards ensuring that you receive the help you need.
One of the mistakes that parents make in this type of situation is to presume that there is nothing that can be done regarding child support. When your co-parent is in jail or prison it isn’t exactly like he or she is receiving much income. Therefore, being able to rely upon your co-parent for financial assistance may not be something possible for your family. While you would certainly appreciate some sort of assistance from your co-parent the assumption would be that he or she cannot help you at all.
This is the topic we are going to discuss in today’s blog post from the Law Office of Bryan Fagan. Namely, whether child support can be filed for when your co-parent is in jail. While many parents feel understandably helpless in a circumstance like this that does not have to be your reality. Rather, holding your co-parent accountable is not being unkind. Rather, it is an acknowledgment that your co-parent still has a role to play in the life of your child.
The prison or jail may be able to help
One thing to keep in mind is that you are not the only person who has a co-parent behind bars. Unfortunately, many children have a parent who is serving a prison or jail sentence. This certainly does not make the co-parenting relationship an easy one. However; it also doesn’t make it impossible for you to work with your coparent to have him or her help out as much as possible with the daily responsibilities of raising your child. When it comes to child support, the Office of the Attorney General works with the criminal justice system in Texas to help inmates stay involved in the lives of their children.
Modifying child support
Now, let’s put the shoe on the other foot. Suppose that you are a parent who finds himself in a difficult circumstance. Namely, you expect that what are the next several weeks you will be ordered to serve a prison sentence. This has been a long time coming but it is now abundantly clear that jail time is not something you will be able to escape. So, you are beginning to make plans for the period that you will be behind bars.
Part of your plan is based on serving a sentence while being a parent. Parenting your son has always been a challenge. As a father, you mean well. You have always tried to do your best when it comes to being available to your son. However, your co-parent does not make raising your child easy. The two of you never seemed to see eye to eye on any subject regarding your son and his upbringing. Additionally, you have always worked the type of jobs that take you away from home quite often. As a result, it has never been easy to find consistent time with your child.
Now that you are about to go and serve a prison sentence you do not want to find yourself not being able to play a role in the life of your child. Even if you cannot physically be present with your child, you still want to be able to do as much as you can to help care for him. You realize that your actions have jeopardized your relationship with your child. As a result, you now want to do everything you can to help your child and your co-parent.
Can you help your child even when you’re incarcerated?
This is the question that you want to ask yourself. Is it even worth your time and effort to try and do something positive for your child while you are serving a prison sentence? The pessimist in you says that the law will not do anything to help you promote your relationship with your child. The realist in you thinks that because you have always struggled with doing the right thing when it comes to your son any effort you make won’t make much of a difference anyways.
The truth of the matter is that you can certainly be a positive influence on the life of your child even though you will not be able to spend much time with him. Parents like you are in a unique position to be able to influence the life of your child remotely. Focusing your time and energy on doing whatever you can to make sure your child understands that you play a meaningful role in their life is critical. This can be done through child support.
Specifically, paying child support does not come to an end even though you are about to serve time in jail. If you look closely at your Packer child support orders, there is no exception to paying child support simply because you are about to serve a jail sentence. Rather, your obligation to pay child support continues no matter what is ongoing in your life. Rather, to do something about your obligation to pay child support you need to be proactive. This is where a modification of child support comes in handy.
Where to begin with a child support modification?
Understanding that it is possible to modify child support is one thing. However, it is another thing altogether to be successful in modifying child support. As you know from your involvement in the legal system, court cases tend to become very complicated. There is no telling just how many twists and turns your child support case may have. There are so many different considerations in any child support case. The steps associated with the child support case are not as well-known as in a child custody or even a divorce case. This puts you at a disadvantage when it comes to trying to map out your case.
As a result, it feels overwhelming to many parents in your position. This is true even for parents who have Resources and time on their hands. With you anticipating a period in jail it can feel downright Impossible to do the right thing when it comes to anything in the child support system. You always feel like you are robbing Peter to pay Paul. There are always more months left at the end of your money than vice versa.
However, when it comes to child support you have options. Modifying child support Is not admitting defeat. Rather, it is acknowledging that the circumstances in your life have changed since the last time you were in court. That change in your child support may be justified based on those changing circumstances. Before you can officially modify anything you first need to pursue some basic elements of the case. For instance, will you be hiring an attorney for your child support modification case?
Of hiring an attorney for any child support modification case
All that stands between you and a reasonable modification of your child support is a complex legal system, time, and money. No big deal, right? In all seriousness, it is not easy to manage a modification case when it comes to child support. Modifying a child support order of any kind is not easy. You have a set of circumstances that have been in place for many years. As a result, you and your coherent have become used to living your lives under those circumstances. Now you are asking a court to change the structure of your life. For many people, this is not an easy change to go through.
Additionally, you are going to find yourself in a position where working with your co-parent to change child support is necessary. One of the great misnomers in Texas child custody cases is that judges more often than not make final decisions for parties. This is not the case. Rather, judges most commonly allow the parties themselves a great deal of latitude when it comes to handling matters related to their family law case. So, you and your co-parent are in the driver’s seat when it comes to settling issues in your case. The catch is that you have to work with your parents on these negotiations.
An experienced family law attorney can help
Choosing to work with an experienced Texas family law attorney can make all the difference in the world when it comes to issues related to child support modification. Do not take for granted this sort of help. That attorney who has worked in the field of Texas family law was how to get the most out of your case. The better equipped you are to negotiate a fair settlement the better your child will be. Having an attorney walk with you during the case is one way to ensure a greater opportunity for an equitable settlement.
Attorneys work with clients on several fronts when it comes to modification cases. First, an attorney will help you to examine your court orders. You may be surprised to find out that there are ways to negotiate child support or even make child support work under your current orders. This is not always possible. However, by working with an attorney you give yourself the best chance possible to arrive at a workable settlement. As they say, an ounce of prevention is worth a pound of cure. This means that whatever you can do to avoid the family law case should be looked at as something worthwhile.
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week. These consultations can be done over the phone, via video, and in person. Whichever suits you best. We are in every major metropolitan area in Texas. This means that no matter where you are in the Lone Star State, the Law Office of Bryan Fagan is here to serve you.
Modifying child support on a practical level
Your child support obligation does not come to an end just because you are about to be incarcerated. This obligation continues despite your incarceration. Something that should come to mind immediately is that your income will stop when you are incarcerated. True, there are some circumstances and limited situations for you to work while you are incarcerated. However, those opportunities are few and far between. Additionally, likely, your income would still drop tremendously even if you can work.
With that said, developing a plan geared towards modification of child support is a wise thing to do at this juncture. This begins and ends with communicating with your co-parent. Do not expect this conversation to be a smooth one unless you are completely honest. As soon as you have an inkling that jail or prison may be in your future it is time to come talk to your co-parent. This is true even when the two of you do not have a great relationship. Trying to hide the reality of your situation from a co-parent is not fair to anyone. Last of all, it is not fair to your child.
Modifying child support means asking a court to change your court orders. This cannot be done by mailing a letter with your signature and that of your co-parent. Rather, the only way to modify a court order is to ask the court in a petition for the modification. You, your co-parent, and the office of the attorney general play a role in this process.
Beginning a child support modification case
Do not blindside Your co-parent with the modification. Rather, take the time to discuss the situation with him or her before filing your case. It is our experience that people are much more willing to negotiate when they feel like they are being treated fairly. Finding out that your co-parent is going to jail and may not be able to pay child support is an unpleasant bit of news to provide to your Co-parent. Rather than do it this way, do your best to talk to him or her about the circumstances. You may be surprised to learn just how agreeable he or she is to the idea of working with you to modify your child support.
Once you file your modification case it is up to you and your copay to be able to negotiate with one another. Realistically, there is not much you can do from a financial perspective while you are behind bars. However, you may be able to work out an agreement with your facility to allow you to pay some amount of money per month to your co-parent while you are incarcerated. If your sentence ends early, then that is another factor for you to consider. Another modification case would likely be necessary.
If you cannot settle your modification case outside of court then you would head to a final hearing. In that final hearing, you and your co-parent would present evidence to the court as to why your desired outcome would be In the best interests of your child. A court would consider all the evidence and then make a ruling based on the different factors and circumstances in your case.
Final thoughts on child support for incarcerated individuals
The most important element to this entire discussion is that any modification that is granted in your case would need to be in the best interest of your child. Even though it is you who requested the modification, the court does not consider your best interests first and foremost. Rather, it is the best interest of your child that matters most to the court. Therefore, considering what your child needs as far as his life should be the guiding principle of any decision you make regarding child support.
When you are facing difficult circumstances in a Texas child support case the Law Office of Bryan Fagan are the best advocates you can have. We understand what makes child support such a complex topic. We walk alongside men and women just like you every day. The Texas family courts are not always pleasant for even well-meaning people. Therefore, the attorneys with the Law Office of Bryan Fagan are here to help you advocate for yourself. Thank you for joining us today on our blog post.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
