What happens if the paying spouse becomes incarcerated?

If the paying spouse is incarcerated in Wisconsin, spousal support may still be due. The court may suspend the order of maintenance (or alimony) during the paying spouse’s incarceration. However, the paying spouse must still pay any arrearages (or past due) support which accumulated prior to the incarceration. Once the paying parent is released from prison, the court may order a payment plan to cover any missed payments. The court may also modify the existing spousal support order. However, if the paying parent is convicted of a felony, the court may terminate the spousal support obligation. While the paying spouse is in prison, the court may require that the paying spouse transfer assets or income to his or her spouse or former spouse, or take other steps to secure future payments. If the paying spouse fails to meet court-ordered obligations, the court may amend the spousal support order to include additional sanctions to help ensure compliance. Before making any changes to a spousal support order, both spouses must be given proper notice of the proposed changes. If you are a paying spouse and are in prison, it is important to speak with an experienced family law attorney to determine what options are available to you.

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What happens if the paying spouse becomes incarcerated?

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