Child support and serving prison time


I have been separated for 1 year and 1 month, but have not yet filed for divorce, nor do we have a separation agreement. My ex husband has recently committed felony embezzlement and will be serving prison time as this will be his second felony conviction. Initially we verbally agreed on having split custody once we were divorced, obviously this was before learning of his arrest. During the entire separation and currently I have sole physical custody and he has had visitation, although this is strictly a verbal agreement, nothing as far as custody arrangements or child support have been filed. It is my understanding that the minimum prison time he will serve is 5 years, and could be as long as 30. In 5 years, my children will be 21, 20, and 18. My questions are 1) Can I file for sole legal and physical custody and child support with the Complaint for Absolute Divorce that I am about to file? 2) Is he still responsible for back child support once he is released even though my children will all be age 18 and older? and 3) if I can file for child support, since he is currently unemployed, what figures am I allowed to use when calculating the amount he owes?


  1. Yes, you can file for custody and divorce at the same time.

  2. He is only responsible for a nominal amount of support while in custody. Approximately $50/mo. If he is on work release you may receive some portion of the money he earns on work release.

  3. See answer 2.