When a parent is about to be or has been ordered child support and the paying parent is or is about to be incarcerated, then what? This is a common occurrence in divorce and paternity cases and like many things in family law, the answer depends on the facts of each case. There is a distinction in the case law between setting child support and supplemental petitions to modify child support.
Child Support, Incarceration and Imputed Income
Unusual Child Support Order
In family law, there are several consequences for not paying child support. An unusual sentence, at least in my opinion, was handed down and appealed in another state not Florida. The individual was actually sentenced on a crime and the court took the liberty of addressing back child support in the criminal case.
