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Wyatt Hardy, PLC

Criminal, Family and Probate Law

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Wyatt Hardy, PLC

Criminal, Family and Probate Law

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What happens with child support when a parent goes to jail or prison?

On Behalf of | Dec 7, 2021 | Family Law |

Incarceration is hard not only on the person but that person’s children. It takes the parent out of their lives and also impacts child support.

While it is difficult to pay support due to not having an adequate income while in prison or jail, the Arkansas Department of Finance and Administration explains child support obligations do not end because of incarceration.

Payer options

If you are the parent who is in jail and you pay child support, you still retain the responsibility to pay the amount ordered by the court on the timeline in the order. Understandably, this will be difficult because you can earn little to no money while in jail or prison.

However, to help ease the burden, you can use assets to pay for your support if you have them. If you do not have any assets or money coming in and you will be locked up for over six months, then the court may alter your child support order.

Ultimately, though, it is your responsibility to make sure that you continue your payments when possible or make requests through the proper legal channels to handle the obligation.

Payee options

If you are the parent who receives child support, the other parent must continue to pay the support. The obligation remains because it is for your children. Whatever arrangement you have to receive the money stays in place. However, whoever is taking care of them will need to apply to receive the money.

You should note that regardless of which situation you are in, you must alert child support services about your incarceration status.