Child support during incarceration

Move fast: the debt keeps growing

• In prison, the order does not pause on its own. Every unpaid month adds to arrears and, in many states, earns interest.
• In most states a change only counts from the date the request or motion is filed, not from the arrest. Ask for a review as soon as you know the sentence will last months.
• A family member can help get and mail forms, but the request is signed by the paying parent or the person receiving support.

After release

• Ask the office for a statement of arrears and interest, and ask about a payment plan before licenses are suspended.
• After release, the order can be adjusted again to new income. Ask for another review when you find work, or if you can't.
• Some states or counties can reduce or forgive arrears owed to the state (for example, for public assistance paid to the family). It is not automatic and varies by place: ask the child support office directly whether a debt compromise program exists.

If you are caring for the kids

• A grandparent, relative or other caregiver with custody can apply for child support services for the children, even if they are not a parent. Rules vary; Idaho and Colorado say so directly.
• If the children get Medicaid, SNAP or cash assistance, a case may be opened automatically or at low cost.
• If there is domestic violence, tell the agency; many have protections so your address isn't shared.

Idaho

Last checked: 2026-10-22

The incarceration rule

• The Idaho Child Support Guidelines (IRFLP Rule 120) say incarceration may not be treated as voluntary unemployment when setting or changing an order.
• A change needs a substantial and material change of circumstances (Idaho Code 32-709). Idaho Child Support Services reviews an order after three years, or sooner when a substantial change has lasted at least six months.

How to ask for a change (and why fast)

• Ask Idaho Child Support Services for a review (their page lists how), or file a motion to modify with the court that issued the order. Only the court can change the order.
• Only payments that come due after the motion is filed can be changed (Idaho Code 32-709). Every month you wait can stay owed.
• Fees: modifying through Child Support Services costs $310 by default, $500 if both sides agree before trial and $575 if it goes to trial (fee list effective October 2025). Ask whether the fee can be taken from future collections.

Arrears, interest, licenses and passports

• Idaho enforcement tools include income withholding, account garnishment, credit reporting, tax refund intercepts, license suspension, liens and passport denial.
• For a license suspension notice, Idaho Code 7-1401 and following give a short window to ask for a hearing. Read the notice the day it arrives and ask about a payment plan.

Opening a case for the kids

• Apply with Idaho Child Support Services. The application fee is $25 unless the family gets SNAP, Medicaid or cash help through DHW. A relative or other caretaker with legal or physical custody can also apply.

Official sources: Idaho DHW: Child Support (opens in new tab) · Idaho DHW: Enforcement services and changing an order (opens in new tab) · Idaho DHW: Fees (opens in new tab) · IRFLP Rule 120, Child Support Guidelines (PDF) (opens in new tab) · Idaho Code 32-709 (opens in new tab) · Idaho Code Title 7, Chapter 14 (PDF) (opens in new tab)

Colorado

Last checked: 2026-10-22

The incarceration rule

• Colorado law does not impute income to a parent sentenced to 180 days or more (C.R.S. 14-10-115(5)).
• Orders can be reviewed for a change at any time when income has changed.

How to ask for a change (and why fast)

• Send a written review request to the county child support office that handles the case, with an Income and Expense Affidavit, supporting papers and the reason (incarceration). The state site has the Review and Adjustment Request form.
• A court modification is usually effective from the date the motion is filed (C.R.S. 14-10-122(1)(d)), not earlier. A review can take up to six months, so file right away.

Arrears, interest, licenses and passports

• Interest (C.R.S. 14-14-106): on arrears due on or after July 1, 2021, 2% above the statutory rate, compounded yearly; before that, 4% above, compounded monthly. The person owed can waive interest.
• Colorado can enforce with credit reporting, tax and payment intercepts and driver's and recreational license suspension. Ask the county office about a payment plan before release.
• Colorado lists employment support for noncustodial parents and free legal aid resources on its child support site.

Opening a case for the kids

• Apply online with Colorado Child Support Services; the state says applying is free. Cases are handled by the county office.

Official sources: Colorado Child Support Services (opens in new tab) · Changing an order (opens in new tab) · Apply for services (opens in new tab) · Employment support for noncustodial parents (opens in new tab) · C.R.S. Title 14 (14-10-115, 14-10-122, 14-14-106) (PDF) (opens in new tab)

Nevada

Last checked: 2026-10-22

The incarceration rule

• Incarceration of 180 consecutive days or more, or release from it, is a substantial change in circumstances that warrants a review (NAC 425.155). It must not be treated as voluntary unemployment, and income must not be imputed.
• Orders can also be reviewed at least every three years on request (NRS 125B.145).

How to ask for a change (and why fast)

• A party or the enforcing agency can petition the court for a review hearing (NAC 425.155). Contact the child support office on the case.
• Each missed payment becomes a judgment, and only payments not yet due when notice of the motion is given can be changed (NRS 125B.140). File as soon as possible.
• Under NAC 425.155, after release support resumes on the first day of the next month at an amount set by the rule; ask the office how it applies to your order.

Arrears, interest, licenses and passports

• Interest runs on unpaid payments from each due date at the NRS 99.040 rate unless the court finds undue hardship (NRS 125B.140).
• Owing more than $2,500 can block a passport, and the State Department may revoke a valid one (see the federal section). If that happens, contact the child support office about ways to pay.

Opening a case for the kids

• Print and complete the Application for Child Support Services (Spanish version available) and mail, fax or bring it to a child support office.

Official sources: Nevada DSS: Child Support (opens in new tab) · Nevada DSS: Apply (opens in new tab) · NAC 425.155 (opens in new tab) · NRS 125B.140 and 125B.145 (opens in new tab)

Utah

Last checked: 2026-10-22

The incarceration rule

• Utah law says incarceration of at least six months may not be treated as voluntary unemployment (Utah Code 78B-12-203).
• New law from January 1, 2027 (HB 224, 2025, Utah Code 81-6-211.5): for incarceration that starts on or after that date and lasts 90 or more days in a row, the order is suspended by law. It does not apply to criminal nonsupport or to offenses against the child or the custodial parent.

How to ask for a change (and why fast)

• When the Office of Recovery Services (ORS) learns that a parent who pays will be incarcerated for more than 180 days, the law requires ORS to start a review. It may lower the amount during incarceration.

Arrears, interest, licenses and passports

• ORS says a lowered order may go back up to a set amount after release. Under the 2027 law, support resumes on the first day of the first full month after 90 days have passed since release.

Opening a case for the kids

• Contact ORS through its Change Child Support Orders page, or ask the case manager for help writing to ORS.

Official sources: Utah ORS: Change Child Support Orders (opens in new tab) · Utah Legislature: HB 224 (2025) (opens in new tab)

District of Columbia

Last checked: 2026-10-22

The incarceration rule

• In DC, support does not stop automatically during incarceration. It keeps adding up unless the order is changed.
• At sentencing to more than 30 days, the judge must ask about child support, explain the right to ask for a change, and give a pro se petition, which can be filed in open court (D.C. Code § 23-112a).

How to ask for a change (and why fast)

• File a motion to modify at sentencing or during incarceration. A change can apply only from the filing date forward. It may not be granted if the parent can pay while incarcerated or is incarcerated for not paying support.

Arrears, interest, licenses and passports

• After release, contact the Child Support Services Division (CSSD) of the Office of the Attorney General right away with a current address and income information. CSSD may ask to reinstate support; the new amount could be the same, higher or lower.

Opening a case for the kids

• See CSSD’s Incarcerated and Returning Parents page.

Official sources: OAG CSSD: Modifying a Child Support Order (opens in new tab) · OAG: Incarcerated and Returning Parents (opens in new tab) · D.C. Code § 23-112a (opens in new tab)

Federal (OCSS)

Last checked: 2026-10-22

The incarceration rule

• Federal rule (45 CFR 303.8, 2016): when a state learns a parent will be incarcerated for more than 180 days, it must either start a review or tell both parents of their right to ask for one. State guidelines may not treat incarceration as voluntary unemployment (45 CFR 302.56(c)(3)).
• The federal Office of Child Support Services (OCSS) does not handle cases directly; your state or tribal agency does. This applies to people in federal prison too.

How to ask for a change (and why fast)

• In federal prison, ask the Reentry Affairs Coordinator or case manager for help, and give case management a copy of the order or a letter from the state agency so the obligation can be part of the Inmate Financial Responsibility Program (OCSS reentry page).
• Use OCSS's "Guide to Changing a Child Support Order" and its state-by-state map on the reentry page.

Arrears, interest, licenses and passports

• Passports: owing more than $2,500 in past-due support means the State Department will not issue a passport, and it may revoke a valid passport (42 U.S.C. 652(k); travel.state.gov). A revoked passport cannot be used even after paying. After paying the state, HHS must clear the record, which takes at least 2-3 weeks, before a new passport can be issued.

Opening a case for the kids

• Find your state or tribal child support office on the OCSS contact map to apply.

Official sources: 45 CFR 303.8 (eCFR) (opens in new tab) · 2016 final rule on incarceration (PDF) (opens in new tab) · OCSS: Incarcerated groups / reentry (opens in new tab) · OCSS: State and tribal agency contacts (opens in new tab) · OCSS: Passport Denial Program (opens in new tab) · U.S. State Dept: Passports and child support debt (opens in new tab)

Other states

We haven't verified these states' rules yet. Pick the state on the official OCSS state and tribal agency directory (opens in new tab) to reach its child support agency:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming