| Policy Statement 3 |
Enact child support enforcement policies that encourage parents released from prisons and jails to maintain legitimate employment that will help them provide long-term support to their children. |
| Recommendation A |
Authorize modifications of child support orders for prisoners who are noncustodial parents and who have no assets or income from which to make payments during the period of incarceration to improve the chances for long-term child support payment. |
In almost half of the states in the United States, child support enforcement policies categorize incarceration as “voluntary unemployment,” a designation used when someone has chosen not to work.1 In states that classify incarceration as “voluntary unemployment,” a person’s child support order may not be modified when he or she enters prison or jail.
A state’s classification of incarceration as voluntary unemployment is typically included in the state’s child support guidelines used to set support orders. Federal law requires states to periodically review these guidelines.2 Policymakers should consider whether to authorize modification of support obligations (up to and including suspension) during incarceration with the objective of setting realistic payment plans on release or as assets become available.
Child Support Statute, North Carolina
North Carolina's child support statute (N.C. Gen. Stat. 50-13.10(d)) provides for the suspension of child support orders during any period when the supporting party is incarcerated, is not on work release, and has no resources with which to make payments.
Child Support Statute, Oregon
Oregon's child support statute (Ore. Adm. Rule 137-055-3330) has established a presumption, to which the custodial parent can object, which states that an incarcerated parent with income of less than $200 per month is unable to pay any child support.
1 Pearson, “Building Debt while Doing Time,” 5–12.
2 42 U.S.C. § 667.