The noncustodial parent was just sentenced to prison. What happens to my child support payments?
Unless the noncustodial parent is participating in a work-release program or has other attachable assets, OCSE has no way to collect support from an incarcerated noncustodial parent. The court order remains in effect and support continues to accrue and be owed. It may be possible to establish paternity while an alleged father is incarcerated. Once the noncustodial parent is released from prison, enforcement and collection efforts will proceed.
Can OCSE put noncustodial parents in jail if they don’t pay?
No. OCSE representatives may petition the court and OCSE attorneys may request the respondent be given jail time, but it is a judge’s decision whether to order a jail sentence. Since most noncustodial parents cannot pay support when incarcerated, a judge usually only orders incarceration as a last resort in child support cases. Unfortunately, for some individuals, it is necessary.
