Raising a child on your own is challenging enough. When the other parent is incarcerated, the stress can grow, especially if you’re relying on child support that isn’t coming in. Some parents wonder whether they can still receive child support if the father is in prison. While the answer depends on the circumstances, Arizona law does offer options. Here’s what you should know about how child support works when one parent is behind bars.
How Arizona Law Treats Child Support Obligations
In Arizona, both parents are expected to provide financial support for their children. The courts use the Income Shares Model, which takes both parents’ incomes into account to determine the total child support obligation.
If the father becomes incarcerated, that doesn’t automatically wipe out his child support duty. The law views incarceration as an “involuntary loss of income,” but that doesn’t excuse the obligation entirely. If a court order is already in place, the amount will continue to accrue unless one of the parents requests a formal change.
In other words, support payments don’t stop just because someone is in prison. If the father can’t pay, he must ask the court to modify the order.
Can Incarcerated Fathers Be Ordered to Pay Support?
Yes. Fathers who are in prison can still be required to pay child support, especially if they have financial resources. For example:
- If the father owns real estate, stocks, or receives trust distributions, those can be tapped for support.
- If he earns income through a prison work program or other sources, a portion may be withheld to pay child support.
However, many incarcerated individuals don’t have the means to pay anything. In those cases, even though support is ordered, it may go unpaid for months or years. Missed payments turn into arrears, and the balance can continue to grow with interest.
What Are Your Options If the Father Can’t Pay?
If the father doesn’t have income or assets to draw from, that doesn’t mean you’re out of options. Arizona offers several avenues to help custodial parents pursue or recover support.
Here are a few steps you can take:
- Open a case with the Division of Child Support Services (DCSS): DCSS can help enforce support orders, track arrears, and locate any available sources of payment.
- Request a modification: If the current child support order no longer reflects the father’s financial situation, either parent can ask the court to review it.
- Apply for state benefits: If child support isn’t being paid, you may qualify for programs like Temporary Assistance for Needy Families (TANF) or other income-based aid.
- Track support for future collection: Even if no payments are being made now, the unpaid support can be collected later through tax refund interceptions, wage garnishments, or liens when the father is released.
It can be frustrating when you feel like the system isn’t providing enough help. But taking legal steps now can position you for a stronger recovery down the road.
Modifying a Child Support Order During Incarceration
If the father can’t pay support while incarcerated, he can ask the court for a downward modification. This process adjusts the amount owed going forward based on current circumstances.
Here’s what to keep in mind:
- A modification request must be filed with the court—it’s not automatic.
- The judge may lower the obligation, but it won’t erase any past-due support.
- After release, the order may be reviewed again to reflect the father’s new financial position.
If you’re the parent receiving support and you oppose the modification, you can object and present your own evidence. You may want to show how the support is needed to meet your child’s everyday needs.
How We Can Help at Cohen Family Law
We understand the emotional and financial stress that comes with trying to support your child when the other parent is in prison. Our team is here to help you understand your rights, file for enforcement or modification, and stand by your side during any court proceedings.
Whether you’re trying to collect overdue payments or make sure your support order reflects reality, we’ll work with you to find a solution that protects your child’s best interests.
Understanding Your Rights Moving Ahead
Having a child with someone who is incarcerated doesn’t mean you’re on your own. Arizona law offers a path forward. If you’re wondering what steps to take next, reach out to Cohen Family Law. We’ll help you explore your options and pursue the support your child deserves.
