Association of State Correctional Administrators Resolutions  Resolution #18 - Offenders with Child Support Obligations WHEREAS many offenders have child support obligations when entering prison, or in many cases, the incarceration of a parent causes child support obligations to begin accruing for the incarcerated parent (often because the caretaker in the community requires assistance without support from the incarcerated parent); WHEREAS often collection efforts or case management by child support enforcement workers is delayed during the incarceration period, while the monthly obligation continues to accrue; WHEREAS many states have a rule of law that incarceration is not a change in circumstances sufficient to remove the child support obligation (or in some states to reduce the monthly obligation); WHEREAS there are some work release and private industry opportunities for offenders during incarceration, this is not true for many offenders who have no means to meet child support obligations while incarcerated; WHEREAS many family courts have a practice (formal or informal) of treating incarcerated parents as unfit, and often sever parental rights of the incarcerated parent; WHEREAS some child support enforcement programs have had success working with non-custodial parents to address parenting ability and employability (including cognitive programs and interventions as necessary); and upon the non-custodial parent retaining employment and paying a reduced amount for an agreed-upon period, past arrearages may be mitigated; WHEREAS working with offenders to increase their ability to meet child support obligations benefits the child, and enhances the potential for a positive and constructive parenting relationship, both of which are beneficial to the child of the incarcerated parent; THEREFORE, BE IT RESOLVED THAT: Corrections agencies are encouraged to facilitate partnerships with child support enforcement agencies to identify the overlap between incarcerated and supervised offenders and those owing child support; Corrections agencies should seek to establish a method at intake to address child support obligations and to inform the offender about the accrual of arrearages during incarceration; should provide information to offenders to enable them to address the court and/or child support enforcement agency to inform them of their incarceration;
Association of State Correctional Administrators Resolutions  and should provide them with information and services that will assist them in identifying and implementing strategies to reduce unpaid arrearages; Corrections agencies should work with the court and/or child support enforcement agency to ensure that when offenders are able to obtain income through work release or private industry, child support obligations are paid as the level of income permits; Corrections agencies should collaborate with courts (including judges and court trustees) and child support enforcement agencies to identify policies, practices, rules and regulations, that increase the ability of offenders to maintain a parent-child relationship during and after incarceration; to establish manageable payment plans; and to encourage information-sharing that enhances case management practices thus increasing the likelihood of the offender to meet child support obligations; Corrections and child support enforcement agencies should partner to address parenting ability and employability of offenders, with programs and strategies that are evidence-based and effective to increase the ability of the offender to parent and obtain sustained employment. Adopted by the Association of State Correctional Administrators – May 30, 2008. George M. Camp, Co-Executive Director Camille G. Camp, Co-Executive Director