Can I Access My Incarcerated Husband's Income or Prison Funds
Greetings, thank you for this site. My question may be a bit out of line, however I have nowhere else to turn. My husband has been in Greene Correctional Institute since June, 2012. He receives over 1400.00 a month and sends me nothing...his aunt has P
This is a genuinely difficult situation and one that more families face than most people realize. An incarcerated spouse receiving income, whether from a prison work assignment, outside sources, or other means, while the family struggles financially on the outside is a painful and complicated circumstance.
The honest answer is that this requires legal guidance rather than inmate experience. Here is what is generally true and what avenues are worth exploring with a qualified attorney.
Prison work income
Prison wages are extremely low, typically between $0.12 and $0.40 per hour at the federal level and sometimes lower in state systems. Monthly income from prison work assignments rarely exceeds $50 to $100. If your husband is receiving over $1,400 per month that money is almost certainly coming from an outside source deposited into his commissary account by a third party rather than earned inside.
Access to a spouse's prison funds
You generally cannot directly access funds in an inmate's commissary account. The account belongs to the inmate and is controlled by the facility. The inmate decides how those funds are spent or transferred.
Legal options worth exploring
If you are legally married and experiencing financial hardship there are legal mechanisms that may apply depending on your state. A family law attorney can advise on whether spousal support obligations apply during incarceration, whether marital assets including money received during the marriage can be claimed, and whether a power of attorney situation affecting those funds can be legally challenged if it is working against your interests.
Power of attorney considerations
If a third party holds power of attorney over your husband's affairs and is directing funds away from you as his spouse that is a specific legal circumstance worth examining carefully with an attorney. Depending on how the POA was structured and what assets it covers there may be grounds to challenge it.
Legal aid organizations in your state provide free or low cost legal assistance for family law matters if cost is a barrier. Search for your state's legal aid society for local resources.
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