Does a Person Have To Pay Child Support when They’re in Jail?

There are some things in life that are difficult to get out of: your cousin’s wedding, that blind date that just won’t end, and child support.

Child support in Utah is so difficult to get out of that it follows people to jail (or prison, as the case may be).

At first, being responsible for paying child support while in jail doesn’t make sense.

How can you pay child support in jail? It’s almost completely impossible.

It just seems mean to hold someone responsible for something they can’t possibly do.

There’s pretty good logic to it, though.

Being a criminal is a decision.

Admittedly, it’s a bad decision, but it’s a decision people make every day.

The decision to do criminal things comes with certain, let’s say, potentialities, like, let’s say, jail time.

All criminals know they could serve jail time. It’s why they try to not get caught.

So, if a parent decides to do criminal things and knows very well he or she may go to jail for doing those things, why should that parent’s child suffer for that decision?

In other words, a child shouldn’t be deprived of support simply because a parent does something criminal and gets caught. It’s not the child’s fault, so the child should suffer as little as possible.

Utah has dealt with a case about this very matter.

In Proctor v. Proctor, 773 P.2d 1389, Utah App. 1989, a father was incarcerated for his volitional criminal activity.

Rejecting the father’s argument that his jail sentence precluded him from paying anything more than nominal child support (about $30 per month), the Court of Appeals stated: “We agree with the trial court that an able-bodied person who stops working, as an exercise of personal preference or as a result of punishment for an intentional criminal act, nonetheless retains the ability to earn and the duty to support his or her children.” 773 P.2 at 1391.

So, in the end, yes, a person does have to pay child support when they’re in jail.

Call Brown Family Law

If you find yourself facing a divorce, please call 801.685.9999 for a legal in-person consultation, or use our online scheduling tool.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 929 reviews
Anne and Josh are Fantastic!!
I couldn’t have done it without Nathaniel Garrabrandt and the Brown Family Law truly the best experience and people to work with thank you!!
Brown Family Law is likely the most outstanding Family Law office in Utah. They care deeply about each client, responds quickly to every client question and concerns. If anyone is in a situation of divorce and/or child custody, I highly recommend this office to assist you with your rights. They stand firmly behind their clients.
Response from the owner:Thank you, Craig.
I can’t say enough good things about Clay Randle and Katrina Redd. They were both incredibly professional, responsive, and knowledgeable throughout my case. Their experience and advice were invaluable, and I truly appreciated their support every step of the way.
Daniel was patient, efficient, professional, and kind. Brown Family Law was easy to work with and very competent. Highly recommend.
Muchas gracias, professionales. Me ayudaron con mi caso, gracias.
Leilani Whitmer was my attorney for mediation day at the provo 4th district court on May 9th and absolutely knocked it out of the park. She made the process so smooth and easy I'd recommend her for any family law issue you could possibly fathom.
Clay Randle is absolutely amazing, well educated, knowledgeable lawyer. He’s approached, always makes sure you’re on the top of the situation and very helpful. I’ve had a pleasure working with him and I recommend him as your top notch attorney.
Brown Family Law has been wonderful to work with! Extremely knowledgeable and professional. Clay went the extra effort in everything he did for us. Couldn’t be more pleased!! I highly recommend their services.
Marco is beyond insightful!
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories