Parents are still required to pay child support while incarcerated. A child support order is not automatically adjusted due to incarceration. The person paying support may take the following steps to request modification of a child support order during incarceration:
- Ask to meet with the Department of Corrections Responsible Parenting Program (RPP) staff to review your child support order and current case information.
- With help from RPP, complete the modification application and submit it to the court. You will have to file the application in the county where your child support order originated.
- The judge may issue what is called a Halliwell order. This order will prevent enforcement action from being taken against you while you are incarcerated, but it will not stop your obligation to make support payments. The child support order will remain in effect and continue to accrue arrears while you are in prison.
- After you are released, you must file a second application with the court to request the reduction of child support arrears back to the date you filed your first application. Your second application MUST be filed 60 days following your release. RPP can assist you in preparing this second application before your release.
- Please also ensure you contact your child support caseworker upon release. You can do this by calling 1-877-655-4371 or visiting the Probation Child Support office in the county that enforces your case. Providing your caseworker with your current address and employment status will help to prevent certain enforcement actions from being taken on your case immediately following your release.
8/13/25