Bar Bulletin

Bar Bulletin

Statutory Abatement of Child Support for Incarcerated Individuals

December 2020 Bar Bulletin

By Kim Schnuelle

Until very recently, incarcerated parents owing child support were in a significant financial bind. Incarceration is not deemed “voluntary unemployment” unless the parent is incarcerated for the crime of non-support itself.1

As such, an obligor parent has for quite some time had the ability to file a child support adjustment or modification and seek a support order that reflects their current position. Thus, if he or she is able to gather the paperwork, manage to file the case, arrange for appearance at the hearing, and confirm the matter, he or she would most likely receive an order containing a de minimus support obligation of...

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