How does the Law assist Incarcerated Parents?
The law allows all non-custodial parents who are being sentenced to jail for 30 days or more for a criminal offense to seek a modification of their child support order(s). The law also applies to non-custodial parents whose probations are being revoked and who are facing a sentence of 30 days or more. Under the new law, the judge who is issuing the jail sentence is responsible for addressing the following issues at the time of sentencing: 1. Does the criminal defendant have a child support order that he/she is responsible for paying? 2. If the answer is yes, the judge is responsible for informing the defendant of his/her right to file a pro se motion to modify his/her existing support order. If the defendant/non-custodial parent wishes to file the motion, he/she may do so in open court at the time of sentencing. Copies of the motion are then forwarded to the DC Superior Court, Family Court, Paternity & Support Branch and to the Office of the Attorney General, Child Support Services Div
