Courtney, Clark & Mejias, P.C.Courtney, Clark
& Mejias, P.C.
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Child support and incarceration

Are you the divorced parent of at least one minor child in Illinois? If either you or your former spouse are legally required to pay child support per your divorce decree, it may be important for you to understand the legal ramifications associated with nonpayment of support. Also important is an overview of what situtations may warrant a change to your existing child support order.

As explained by the National Conference of State Legislatures, the federal government's Office of Child Support Enforcement enacted a new rule at the end of 2016 regarding child support and incarceration of the non-custodial parent. The order allows non-custodial parents who are sent to jail or prison for offenses not related to their child support orders the ability to seek modifications of those orders. Additionally, states should not treat such incarceration as a voluntary attempt at being unemployed and therefore making them unable to pay support.

Also part of the 2016 rule were guidelines designed to help improve states' abilities to process child support orders including any nonpayment of support. People who fail to keep up with their legally obligated support orders may be sentenced to short-term jail sentences in local facilities. One goal of the changes is to help keep more people out of jail for this purpose while also helping families to receive the support they need and get the jobs that can help them pay support.

If you would like to learn more about incarceration and child support orders, please feel free to visit the support modifications and jail page of our Illinois parental responsibility and family law website.

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Courtney, Clark & Mejias, P.C.
104 South Charles Street
Belleville, IL 62220

Toll Free: 866-921-8767
Phone: 618-207-3458
Fax: 618-234-8028
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