Because INCARCERATION IS NOT VOLUNTARY UNEMPLOYMENT, what happens to child support when payors are sent to jail? 


Wisconsin has recently made changes to the child support guidelines that includes added language to the administrative code, DCF 150, the code that covers child support, regarding this specific situation.


What do these changes mean?

  • It means that Incarcerated payors can now seek a modification to child support orders. 

  • In Wisconsin, the Wisconsin Supreme Court has long held that incarceration is just one factor to consider when determining whether to change a support order. 

  • By adding this language to DCF 150, Wisconsin is now prohibited from having a law that bars changes for incarcerated parents. 

  • In the past, states had laws that prevented incarcerated parents from seeking changes to child support orders. 

  • The federal government, however, has come in, and established federally required language that prohibits states from barring changes when parents are incarcerated.

  • Now, by adding the language to DCF 150, Wisconsin is now compliant with federal requirements related to child support.

These are complicated matters, and the point of me sharing this information with you is to make you aware of these matters and to help you explore the ideas and concepts. 

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