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.
In family law, whether divorce or paternity, once there is an order of child support, the next problem for some is collecting said support payments. Enforcement of child support can be especially difficult when the obligor has no assets, hidden assets or protected assets. One way to protect assets from being depleted is by having a spendthrift trust that restricts the way that funds that are distributed can be used.
In a proceeding for divorce, called dissolution of marriage in Florida, a substantial issue is the division of property owned by the spouses. First a divorce court will identify and separate each spouse's marital and nonmarital assets and liabilities. Identification of assets and liabilities as marital or nonmarital is therefore very important because, only marital assets and liabilities are subject to distribution in a dissolution action.
On July 17, 2014 Circuit Judge Luis M. Garcia overturned the ban on Gay Marriage in Florida. The case was in the 16th Circuit which only encompasses Monroe County Florida. Therefore, this decision is not binding on any other trial court. In addition it is not binding on any other County Clerk.
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.