Texas law requires noncustodial parents to provide financial support to their children.

Some noncustodial parents assume the child support obligation will be suspended when a noncustodial parent is in jail or prison. But, until a noncustodial parent has filed a petition with the Court to modify an existing child support obligation.

To obtain a modification of an existing child support order, you must file the appropriate petition with the appropriate court. Even if the noncustodial parent and the custodial parent reach an agreement about reducing or suspending the noncustodial parent’s child support obligation, the child support agreement must be approved by the Judge.

If you may be going to jail or to prison and will be unable to pay your existing child support obligation, you should consult an experienced family lawyer. It is important to take action to reduce or or suspend your child support obligation prior to incarceration.