Can I Still Collect Child Support If My Child’s Other Parent is in Jail?

 Posted on February 19, 2026 in Child Support

It is common for someone in prison to be a parent. According to the US Department of Justice, about 47 percent of men and 58 percent of women in prison had at least one minor child in 2016. If you’re supposed to be receiving child support from a partner who’s now in jail or prison, you may be stressed over the possibility that you won’t get paid anymore. A DuPage County child support lawyer can help you understand what the situation will be like going forward.

Does Being in Jail Cancel a Child Support Order in Illinois?

Under Illinois law (750 ILCS 5/505), a child support order remains in force until a court modifies or ends it. A parent going to jail does not automatically change the order, and support payments will still need to be paid on time. Any payments missed during incarceration count as a debt the parent owes.

The obligation to support a child is one of the strongest financial duties a parent can have, and judges will not excuse a parent from support payments even for things like going to jail or prison. Your child's needs and your need for that money do not stop because their other parent is in prison.

Can a Jailed Parent Ask to Pay Less Child Support?

An incarcerated parent can petition the court for a temporary modification of their child support order. This is sometimes called a "downward modification". The court will look at whether the parent genuinely cannot pay, such as when they have no income and cannot participate in a work release program.

If the court grants a modification, it does not cancel what was already owed before the incarceration. It only adjusts what is owed going forward for the time the parent is incarcerated. Once they are released, they are expected to resume payments, and any unpaid balance that built up during their time in jail will need to be paid.

If the court does not approve a modification, the full amount continues to add up. Unpaid child support in Illinois can result in serious consequences for the non-paying parent, including wage garnishment, license suspension, and even additional criminal charges.

What If the Other Parent Has No Income in Jail?

Even if an incarcerated parent is not earning a paycheck, they may still have financial resources. Illinois courts can order child support to come from sources other than a regular job, like assets and accounts that the incarcerated parent has.

Possible sources of payment during incarceration:

• Checking or savings accounts
• Retirement accounts or pension benefits
• Disability or other benefit income
• Rental income from property the parent owns
• Interest or dividends from investments
• Money from selling investments or property

If you know the other parent has assets, it is worth talking to an attorney about how to pursue payment through these channels. Courts have the authority to reach these resources in appropriate cases.

What Do I Do if I Need Child Support Now and Am Not Getting It?

If child support payments have stopped and you’re in urgent need of that money, you have some options.

• Work with your attorney to file a motion for enforcement or contempt.
• Request a court review to formally establish how unpaid support will be handled.
• Keep a record of all missed payments and any communication with the other parent.

The court system can also help locate a parent who is in jail if you are unsure which facility they are in. Once that person is found, a support order can be formally served. It is important to act as soon as possible. The longer unpaid support goes unaddressed, the harder it can become to collect everything that is owed.

What If My Partner Has No Other Assets the Court Can Use to Pay Child Support?

Sometimes, a person in prison truly has no way to make up for unpaid support, not even in-prison income. If this is the case for you and you are struggling to make ends meet, get connected with Illinois state assistance programs. Check if you are eligible for Temporary Assistance for Needy Families, SNAP (food assistance), Medicaid for the child, or other state and federal programs that will help you make ends meet until they are released.

Also, stay in touch with the Illinois Division of Child Support Services. Even if there is no money to be had now, they can keep track of your case and any money that comes up (like tax refunds).

Call a Naperville, IL Child Support Attorney Today

If you are not receiving the child support your child is owed, do not wait to get help. Call a DuPage County child support lawyer at Pesce Law Group, P.C. at 630-352-2240 today for a free consultation. Attorney Pesce has nearly two decades of legal experience working with cases involving children. Pesce Law Group, P.C. is ready to help you in this difficult time.