Child Support and Incarceration


#1

Separated in May of 2011. In April of 2012, ex-husband was arrested and began a 7 year prison sentence in August 2012. I was granted an Absolute Divorce in October of 2012. Prior to him going into prison, we had not established any set child support between the 2 of us. From May 2011 until April of 2012, he had been paying all the household bills, mortgage, utilities, insurance etc. At the time of the separation, I had been a stay at home mom with no income. Since April 2012 I have been the sole financial provider for our 3 children, who were ages 16, 15 and 13 at the time of his arrest.

He will be eligible sometime in 2017 to begin work release and will be receiving a taxable income. Am I allowed to (a) file for back child support for all three of our children for the years he was incarcerated and/or (b) file for current child support for my 17 year old who is a senior in high school and my 19 year old who is a freshman in college?

Thank you in advance for any guidance you can give me.


#2

You will not be able to ask for retroactive child support for the time period when the father was in prison.

Currently, you would be entitled to receive child support for your 17 year-old that is still in high school if the father is out of prison on work release. You are not entitled to receive child support for your 19 year-old in college. The child support obligation generally ends when the child turns 18 years-old and graduates from high school.