What are the proper procedures to get full custody of your children and child support terminated if your ex-spouse is incarcerated?
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What are the proper procedures to get full custody of your children and child support terminated if your ex-spouse is incarcerated?
My brother’s ex-wife is in jail for 2 counts of attempted murder and 2 counts of wanton endangerment. They have 3 kids that he is paying child support for which comes directly out of his pay through child support services.
Asked on January 26, 2012 under Family Law, West Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
He needs to hire an attorney and go back to court immediately to ask for a modification of the order of support and to terminate child support payments. Once the court grants the request and issues an then it will be served on the state. I might see if the statutes in your area allow for a temporary suspension of payments pending the hearing on the matter. Certainly he can obtain custody on a temporary emergency basis. Good luck to him.
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