How Does My Spouse Going to Jail or Prison Affect My Maryland Child Support?

 Posted on January 19, 2026 in Child Support

When your spouse or co-parent is sentenced to jail or prison, it can be hard not to panic. You may have questions about how you are supposed to keep getting child support if your coparent is incarcerated. If you are dealing with this situation in 2026, our Columbia, MD child support attorney can help you understand your options.

Does My Spouse Still Owe Child Support While in Jail or Prison?

Yes. Under Maryland law, child support orders stay the same until a court officially modifies or ends them. Even if your spouse cannot work while incarcerated, the support order continues.

Child support does not automatically stop when a parent goes to jail or prison. Unpaid child support will accumulate as "arrears," or debt. Interest may also be added. 

This situation affects many families. According to the Assistant Secretary for Planning and Evaluation, 50 percent of inmates are parents, and 20 percent have child support orders. Maryland law recognizes that incarceration can affect a parent's ability to pay, but if either spouse wants a change to the orders, the parent who is in jail or prison must ask the court to modify them. The court will not automatically reduce payments just because someone is incarcerated.

How Can Maryland Child Support Be Modified During Incarceration?

Courts will look at why the parent is incarcerated. If the parent committed a crime against the child or the other parent, or if they are in jail for deliberately not paying child support, the court is not likely to reduce payments. Maryland Family Law Code Section 12-104 allows courts to decide whether the change in circumstances was within the parent's control.

The court will also look at whether the incarcerated parent has any income or assets. Some inmates work while in prison and earn small amounts of money. Others may have income from outside of prison through property, investments, or disability benefits. The court can order a portion of this income to go toward child support.

Length of the Incarceration 

Short jail sentences of a few weeks or months may not be enough for the court to modify child support. However, longer prison sentences of several months or years are more likely to get a modification. The court wants to make sure any change is fair and reflects the reality of the situation.

How Am I Supposed to Get Child Support if My Spouse Isn’t Making Any Money?

Unfortunately, there is no simple answer. If your spouse truly has no income or assets, you may not receive child support payments while they are imprisoned. The child support debt will continue to grow as arrears, but you may not be able to collect that money until after your spouse is released and working again.

You may need to look into other sources of financial support during this time. This can include government programs, help from family members, or you making more money if possible. Some parents also ask for changes to custody arrangements if the other parent's incarceration is long-term. This can affect things like tax benefits or government aid eligibility.

If you need extra financial resources, Maryland's Child Support Enforcement Administration can help you look at your options. 

What Should I Do if My Spouse Stops Paying Child Support After They Go to Jail?

• Document Everything. Keep records of missed payments. Write down dates and amounts. Save any messages about missed support. This documentation will help if you need to take legal action later.

• Contact Child Support Enforcement. Maryland's Child Support Enforcement Administration can help you collect unpaid support. They have tools to find income, assets, and tax refunds. Even if your co-parent is in jail now, these tools can help you collect arrears when they are released.

• Consider Legal Action. You may need to file a motion for contempt or to enforce the child support order. A judge can order the incarcerated parent to pay from any available resources, or set up a payment plan for arrears once they are released.

What Happens to Child Support After My Spouse Gets Out of Jail?

When your co-parent is released from jail or prison, their child support amount returns to what it was before unless the court modified it. If they did, your spouse may need to ask the court to change it again for their new situation. If your co-parent owes "back support," they will need to pay that as well as current support. Courts can set up payment plans to help them pay this debt, but the money they owe does not disappear. 

Call a Columbia, MD Child Support Lawyer Today

When you have a coparent in jail, you need someone who will listen to your questions and fight for your children's needs. At DM Family Law, we bring over 20 years of experience to every case with a personal and client-centered approach. 

Because there is just one lawyer, you will work directly with someone who knows your case inside and out. If you need help with a child support issue, contact our Crofton, MD family law attorney at 443-545-8100 today.