Question: What if the person paying child support is in jail?

Answer: For incarcerated individuals, the ruling with regard to child support depends on the judge of the court. Some judges rule that the person in jail cannot work, and thus should pay child support upon release. Other judges believe the actions of the person in jail put them there, and so they should be obligated for child support for the entire time behind bars.

If the person went to jail after child support was already ordered, then he should file a motion to modify the child support based on his change of circumstances. This is the case because this parent is obligated under the existing order until that order is modified.