PAYMENT METHODS

CS 704P Special Circumstances, Prisoners

03/16/87 Revised 08/03/22 Training Completed 08/17/22 Last Reviewed 09/01/26

 

 

Prisoners Without Income or Assets

 

The noncustodial parent (NCP) who is presently incarcerated without income or assets has a low probability for repayment on past-due support before release from incarceration. The Office of Recovery Services/Child Support Services (ORS/CSS) will attempt to collect current child support while an NCP is incarcerated, but will apply special procedures in handling the collection of past-due support that may be owed on the case. Assess the NCP's ability to pay on past-due support at the point in which the NCP:

 

1.                   Is released from prison (see CS 705P Special Circumstances: Prisoner Forgiveness Program for information on assessing ex-prisoners);

 

2.                   Begins earning an income; or,

 

3.                   Acquires significant assets.

 

Whichever of the above occurs first.

 

 

Prisoners with Income and/or Assets

 

Incarcerated NCP’s who are capable of paying on arrears may be assessed based upon their ability to pay. Complete the “Financial Statement,” if appropriate, and the “Arrears Assessment Computation” to assess the NCP's ability to pay arrearages.

 

To determine an arrears payment for a prisoner, follow the payment method policy and procedures found in CS 700P Overview, Payment Methods, Forms and Appendixes. If the NCP has assets, you may use the value of the assets in assessing an arrears payment.

 

EXCEPTION: if you are computing an assessed monthly payment amount, do not give the NCP credit for the standard living expense deduction because an incarcerated NCP does not have ongoing living expenses.

 

Collect the NCP's assessed arrears payment along with the current support amount, if owed, using income withholding procedures, if appropriate. In addition to income withholding, you must take enforcement action to collect the arrears if attempts to collect the NCP's assessed payments are unsuccessful or if the NCP has significant assets. See the ENFORCEMENT sections of policy for more information.