Parents returning to their communities after incarceration face myriad
obstacles to their successful re-integration, including,in many cases,
overwhelming judgments for child support arrears that accrued while
they were incarcerated. These arrears accrue because in New York State,
judges have no discretion to modify any prior order or judgment of
child support due to a reduction in income caused by incarceration.
As a result, noncustodial parents frequently accumulate massive debt
during incarceration, typically owing child support of $20,000 or more
upon release. This overwhelming debt discourages legitimate employment
and parental responsibility.
The Council of State Governments' Report of the Re-entry Policy Council,
a document stemming from a series of meetings among 100 of the most
respected workforce, health, housing, public safety, family, community,
and victim experts in the country, found that "child support policies
that are responsive to parents with a recent history of incarceration
and unemployment or low-wage jobs can increase the prospects that such
individuals will maintain steady employment, regular support payments,
and contact with their children." While realistic financial and child
support obligations can reinforce responsibility, increase parental
engagement with children, and result in needed financial help to chil-
dren and communities," excessive debt does the reverse, "increasing
pressure on recently released people to quit low-wage jobs and return to
the underground economy a choice that can harm families and communities
in ways that go far beyond a lack of financial support."
New York, judges have no discretion to modify any prior order or judg-
ment of child support to reflect a reduction in income caused by incar-
ceration, and therefore no ability to set realistic child support orders
for incarcerated parents. As a result, about half of incarcerated
parents have open child support cases, and are responsible for ongoing
payments in the range of $225-$300 per month that accumulate during
their incarceration (and cannot be paid down with no steady source of
income). Compounding this problem, upon their release from incarcera-
tion, up to 65% of non-custodial parents' net income can be automat-
ically deducted from their paychecks to, repay support arrears. High
withholding from low-wage checks acts as a disincentive to legal employ-
ment. It creates pressure on recently released people to quit on-the-
books, often low paying jobs and return to the underground economy, a
choice that harms families and communities.
By permitting courts to modify support obligations during a period of
incarceration, and thus reduce the potential accrual of massive arrears,
this legislation encourages noncustodial parents' financial and inter-
personal involvement in the lives of their children and their steady
participation in the legal labor market after release from incarcera-
tion. It also increases the likelihood that New York State will be able
to collect ongoing child support payments. These outcomes will help
strengthen communities, reduce recidivism, and promote public safety.
obstacles to their successful re-integration, including,in many cases,
overwhelming judgments for child support arrears that accrued while
they were incarcerated. These arrears accrue because in New York State,
judges have no discretion to modify any prior order or judgment of
child support due to a reduction in income caused by incarceration.
As a result, noncustodial parents frequently accumulate massive debt
during incarceration, typically owing child support of $20,000 or more
upon release. This overwhelming debt discourages legitimate employment
and parental responsibility.
The Council of State Governments' Report of the Re-entry Policy Council,
a document stemming from a series of meetings among 100 of the most
respected workforce, health, housing, public safety, family, community,
and victim experts in the country, found that "child support policies
that are responsive to parents with a recent history of incarceration
and unemployment or low-wage jobs can increase the prospects that such
individuals will maintain steady employment, regular support payments,
and contact with their children." While realistic financial and child
support obligations can reinforce responsibility, increase parental
engagement with children, and result in needed financial help to chil-
dren and communities," excessive debt does the reverse, "increasing
pressure on recently released people to quit low-wage jobs and return to
the underground economy a choice that can harm families and communities
in ways that go far beyond a lack of financial support."
New York, judges have no discretion to modify any prior order or judg-
ment of child support to reflect a reduction in income caused by incar-
ceration, and therefore no ability to set realistic child support orders
for incarcerated parents. As a result, about half of incarcerated
parents have open child support cases, and are responsible for ongoing
payments in the range of $225-$300 per month that accumulate during
their incarceration (and cannot be paid down with no steady source of
income). Compounding this problem, upon their release from incarcera-
tion, up to 65% of non-custodial parents' net income can be automat-
ically deducted from their paychecks to, repay support arrears. High
withholding from low-wage checks acts as a disincentive to legal employ-
ment. It creates pressure on recently released people to quit on-the-
books, often low paying jobs and return to the underground economy, a
choice that harms families and communities.
By permitting courts to modify support obligations during a period of
incarceration, and thus reduce the potential accrual of massive arrears,
this legislation encourages noncustodial parents' financial and inter-
personal involvement in the lives of their children and their steady
participation in the legal labor market after release from incarcera-
tion. It also increases the likelihood that New York State will be able
to collect ongoing child support payments. These outcomes will help
strengthen communities, reduce recidivism, and promote public safety.
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