Child Support/Alimony/Incarceration


#1

If a spouse is incarcerated during the separation process, is there any way for the other spouse to collect child support once it is established and will back child support have to be paid as well? It is my understanding that it can be taken from the person’s 401k. Also, since this person is now jailed, can this person sue the other partner for alimony?


#2

If the jailed spouse is not working he or she will not be found to be a supporting spouse, or have the ability to pay alimony.

As for child support, if it is not paid the proper course of action is to file a motion for contempt and have the court issues and order with respect to how the support will be paid.


#3

You misunderstood the first part of that question. Can the spouse that is in jail sue the other partner for alimony because he is now in jail with no job?


#4

There is nothing in the law that prevents it, however an incarcerated person would have a hard time convincing a court that he/she has a “need” for support.