August 14, 2018

                         Advocating for the just and humane treatment of those who are incarcerated.


You are here:  / Incarceration & Re-entry / INMATES & CHILD SUPPORT

INMATES & CHILD SUPPORT

Thethought of insurmountable child support that continues to accrue during years of incarceration can suck the joy clean out of the hope of going home to a fresh start. Neither imprisonmentnor parole ends a court order to pay child support and a newly released parent will usually not have the means or ability to finance or satisfy a largechild support debt. The average inmate, contrary to popular belief, makes no money while incarcerated in the state of Florida. Only inmatesemployed in work release programsreceive some compensationfrom which they are required to pay about 50%for their subsistence andno less than10%toward the support oftheir dependent children.
Inmates can file for amodification oftheir child support order while serving their time.
Florida Statute 61.14(1)(a) contemplates that either party in the original action may seek modification of an order requiring the payment of support as equity requires.Florida Statute 61.14(6)(a)(3) provides that any unpaid payment or installment of support which has accrued up to the time either party files a motion with the court to alter or modify the support order may not be reduced by the court. Simply stated, thismeans that any support owed prior tothe filing of a petition to modify thesupport orderwill not be reduced but amounts accrued after the filing of the petition may be modified. Marcia Miller, head of an inmate support program in Kansas City, advocates that offenders should be given up to 3 months post release before repayment begins and that the amount not be based on the inmates pre-incarceration earning potential.
Most inmates want to pay, they want their children taken care of, they don’t want to be ‘dead beat dads’but they become discouraged when their attempts to pay are countered by their inability to keep up withhuge arrearages.Onceinmates have paid their debt to societyandare released,they facemenial employment andlower earning powerwhich, oftentimes, leads to a defaultoftheir child support requirement. As a result,driving privilegesare suspended making it difficult for the releasee to maintainemployment.So those who oncehad dreams of changing their livesfor the better now find themselves hurled into a cycle of poverty and subsequentreincarceration.
Though thecourt takesaction on behalf of the dependent child by ’nailing’ the released inmatewithimpossible past duepayments, it fails totear down the crucifixthat’s beeninadvertently constructed?
www.leg.state.fl.us/STATUTES

Comments

comments

YOU MIGHT ALSO LIKE

INMATES & CHILD SUPPORT

Thethought of insurmountable child support that continues to accrue during years of incarceration can suck the joy clean out of the hope of going home to a fresh start. Neither imprisonmentnor parole ends a court order to pay child support and a newly released parent will usually not have the means or ability to finance or satisfy a largechild support debt. The average inmate, contrary to popular belief, makes no money while incarcerated in the state of Florida. Only inmatesemployed in work release programsreceive some compensationfrom which they are required to pay about 50%for their subsistence andno less than10%toward the support oftheir dependent children.
Inmates can file for amodification oftheir child support order while serving their time.
Florida Statute 61.14(1)(a) contemplates that either party in the original action may seek modification of an order requiring the payment of support as equity requires.Florida Statute 61.14(6)(a)(3) provides that any unpaid payment or installment of support which has accrued up to the time either party files a motion with the court to alter or modify the support order may not be reduced by the court. Simply stated, thismeans that any support owed prior tothe filing of a petition to modify thesupport orderwill not be reduced but amounts accrued after the filing of the petition may be modified. Marcia Miller, head of an inmate support program in Kansas City, advocates that offenders should be given up to 3 months post release before repayment begins and that the amount not be based on the inmates pre-incarceration earning potential.
Most inmates want to pay, they want their children taken care of, they don’t want to be ‘dead beat dads’but they become discouraged when their attempts to pay are countered by their inability to keep up withhuge arrearages.Onceinmates have paid their debt to societyandare released,they facemenial employment andlower earning powerwhich, oftentimes, leads to a defaultoftheir child support requirement. As a result,driving privilegesare suspended making it difficult for the releasee to maintainemployment.So those who oncehad dreams of changing their livesfor the better now find themselves hurled into a cycle of poverty and subsequentreincarceration.
Though thecourt takesaction on behalf of the dependent child by ’nailing’ the released inmatewithimpossible past duepayments, it fails totear down the crucifixthat’s beeninadvertently constructed?
www.leg.state.fl.us/STATUTES

Comments

comments

YOU MIGHT ALSO LIKE