Noncustodial parents who are in prison
Being in jail or prison does not automatically change a court-ordered child support obligation. The court order remains in effect and support continues to accrue and be owed. However, noncustodial parents may be eligible to lower their child support amount if they will be incarcerated for more than six months and have no other income or property.
Custodial parents who are in prison
Being in jail or prison does not automatically change where child support payments are sent. Unless a new court order is issued, child support payments are still owed to a custodial parent, even though he or she is incarcerated. If someone other than the noncustodial parent begins to care for the child, he or she can apply for child support services and the payments may be redirected to him or her.
NOTE: If you, as the custodial party or noncustodial parent, are incarcerated, notify OCSE as soon as possible.
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