Parents in jail or prison

Parents face unique challenges while incarcerated and as they transition back to the community.

Being in prison or jail can make paying child support difficult or impossible. But the parent's child support obligation does not stop. Child support orders remain in effect, monthly payments are expected and past due support, called arrears, can accrue.

If you go to jail or prison, tell your county child support worker. The child support office may be able to help.

Only a court order can change a child support obligation. Information about changing orders applies to many changes in income and family circumstances, including inability to pay due to incarceration.

Here are some frequently asked questions about support while a parent is incarcerated.

Can I get my child support reduced or stopped until I am out of prison?
Yes. Here are the steps you must take.
1. Send a written request to the child support office to review your support order. The request should state the reasons for the review.
2. The county child support staff will determine if the existing order meets review requirements.
- If it does, they will complete the review and file a motion asking the court to modify the order.
- If the case does not meet the requirements, they will notify the parent who asked for the review. If the parent still wants the order changed, the parent can file a motion asking the court to modify the order.
I got my support reserved while I am incarcerated. What happens after my release?

The court or the child support office will review your financial circumstances when you are released and set a new order based on your ability to pay. You should provide the court with information about your employment status and your efforts to get a full-time job.

It is also important to give your child support worker and the court your new mailing address so you get your monthly billing statement and notices about changes on your case.
I have a child, but am not married to the mother. Is there a way to be recognized as my child’s legal father without going to court?
What if we’ve established parentage by signing the voluntary Recognition of Parentage and then change our minds?
My child’s other parent denies me any contact with my child. Can the child support office help me get parenting time or a change in custody?
I’m serving the last few months of my sentence. My driver’s license was suspended for not paying child support. What must I do to get my license reinstated?
You have several options.
- Sign a payment agreement.
- Apply for a 90-day limited license from the Department of Public Safety.
- File a motion asking the court to reinstate your license.
Contact your child support worker for more information.
My wife and I filed a joint tax return. We got a notice that our refund was intercepted and applied to my child support arrears. How can my wife get her portion of the refund returned to her?
Is there anything available to help me transition back into the community?