Do Inmates Owe Child Support While in Prison in Ohio?

Even if a noncustodial parent is employed and making child support payments, they generally lose their job and become insolvent when they become incarcerated. In Ohio, when someone is incarcerated, their child support obligation continues, and the missed payments amass a debt that is often insurmountable.

Automatic Rights

In Ohio, there is no automatic suspension of a child support obligation when the obligor is incarcerated, even though he has little to no income from which to pay the obligation. This is the law in a majority of states.

Upon Motion to the Court

Ohio law allows a judge to suspend a child support obligation if an obligor has little to no income. To pursue this remedy, an inmate must file a motion to reduce or suspend the obligation with the court. Inmates are rarely advised of this right or the procedures for pursuing it.

Standard for Reduction of Obligation

Ohio law provides a child support obligation can be reduced if the obligor can show there has been a material change in circumstances. While incarceration does not automatically equate to a change in circumstances, if the obligor was employed before incarceration and has had his income reduced to zero, a judge is likely to find there has been a material change in circumstances.

Work Release

An Ohio inmate can earn up to $16 a week on work release. Ohio law allows 25 percent of a person's paycheck to be garnished for child support.

Upon Release

Upon release, if the obligation to pay child support was not reduced or suspended, the inmate owes back child support. This means he can be reincarcerated for being in contempt of the child support order before he has a chance to find employment and begin making payments.

References

• Child Support in Prison Policies