NCJ Number
175861
Journal
Corrections Compendium Volume: 23 Issue: 5 Dated: May 1998 Pages: 7-13
Date Published
1998
Length
7 pages
Annotation
This article describes States' various approaches to responsibility for child support by a noncustodial, incarcerated parent who has been incarcerated for a crime other than nonpayment.
Abstract
The Child Support Recovery Act of 1992 criminalizes the willful failure to pay a child support obligation if the child lives in another State, the obligation has not been paid for more than 1 year and the amount owed is more than $5,000. This article describes the different approaches taken by various State courts that have examined the issue. The absence of a cohesive policy creates inequitable inconsistencies, rendering the law vague and impracticable. The article argues that, when balancing the rights of convicted offenders against children who require support regardless of parental circumstances, the welfare of children must take precedence. Further, it proposes that States and the Federal Government work together to develop and implement a uniform system of determining the obligations of incarcerated parents with respect to support payments and their collection. References