UCLA Criminal Justice Law Review

Child support is one of many debts that accumulate for poor nonresident parents during and after incarceration.  As with legal financial obligations, child support debt functions as a form of cost recovery to the state, includes other fees, costs, and interest added onto the original child support order, and triggers aggressive enforcement measures.  This Article focuses on child support policies that contribute to the debt burden held by the most disadvantaged parents, who are more likely to have contact with the criminal justice system and a history of incarceration.   The Article first addresses cost recovery by the child support program and then discusses child support debt as a collateral consequence of incarceration.   The Article also points to key factors driving this debt, including support orders that are not based on ability to pay, and identifies enforcement strategies that can further reduce nonresident parents’ ability to pay these debts, such as incarceration and driver’s license suspension.  We identify recent policy efforts that address the causes and consequences of accruing unmanageable debt, including during periods of incarceration.  The Article concludes with policy recommendations which would prioritize children’s wellbeing over cost recovery and help disadvantaged parents make consistent child support payments, participate in the job market, and maintain family relationships.