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Why has my daughter's child support through the state been frozen while her father is incarcerated?

Why has my daughter's child support through the state been frozen while her father is incarcerated?

Q: What is Yerkes v. Yerkes about?

Yerkes v. Yerkes is a legal case that established that incarceration alone does not justify changing a child support order. The ruling emphasizes that a parent's obligation to support their child remains intact despite being in prison. This case is often cited in child support disputes involving incarcerated parents.

Full question:

My daughter has tried to get support from the father of her child who has been incarcerated since 8/7/06 for stalking a minor, attempting to lure a minor child into a vehicle, criminal attempt, and parole violation. He has a history of this. He wants to be relieved of his financial obligation. The court has frozen her support and I feel that is unjust to my daughter and granddaughter. It is not her fault he is in jail and unable to work. What is yerkes v yerkes case? It was put in my daughters support papers as to why she should get her support but was denied. If he gets out of jail will he be allowed to see his daughter?

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: Pennsylvania

Answer:

The court in Yerkes held that incarceration, by itself, doesn't justify changing a support order. If he is already allowed visitation, he will likely have visitation upon release, unless the visitation order is modified.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a parent in prison stop paying child support?

Being in prison does not automatically relieve a parent from child support obligations. Courts typically require a significant change in circumstances to modify support orders. If the incarcerated parent wishes to stop payments, they must petition the court for a modification, demonstrating a valid reason beyond just being in jail. It's essential to provide evidence of financial hardship or inability to pay due to incarceration.

What happens to child support if the paying parent is incarcerated?

If a parent is incarcerated, their child support obligations do not automatically cease. The court may freeze payments temporarily, but the obligation remains. The parent can request a modification of the support order based on their inability to earn income while in prison. It's crucial for the receiving parent to be informed about the legal process involved.

Will a father in prison lose visitation rights?

A father's incarceration does not automatically result in the loss of visitation rights. If he had visitation rights prior to imprisonment, he is likely to retain them upon release unless a court modifies those rights. The court's primary concern is the child's best interests, and they may review the situation if there are concerns about the father's behavior.