Imprisonment of any party especially if he/she is the non custodial parent is a very big problem that will arise in any court order regarding paying child support while in prison.
When a non custodial parent is imprisoned he/she must notify the court for some modification and one of the main reasons that the support will be stopped.
When they did not notify the court all the parties involved will suffer, but most of all the child is the one who will be affected by this problem.
Paying child support while in Prison is one problem that must be dealt with in court if it arises.
Even if, in some states the judge is allowed considerable leeway in settling the actual amount this can be a very big problem because it's really difficult to determine the proper amount if the party is in prison and no income is available for support.
When this happens the parties involved must notify the court at once for some modification due to changed circumstances, most of all if it involves income or monetary value.
When this happens the court must involve some guidance councilor to give advice to the parties especially the child who is the most important party being affected.
Child support while one party is in Prison must be given preferable attention especially when determining who will be paying child support while in Prison and who will be the non custodial parent by reviewing some aspects like the needs of the child, including health insurance, education, day care and special needs, the income and needs of the custodial parent, the paying parent's ability to pay and most of all the standard of living of the child before divorce or separation.
When a court sets child support, it often considers the family's pre-divorce standard of living and attempts to continue this standard for the children, if feasible.
Courts are aware of the difficulty maintaining two households on the income that formerly supported one home.
Maintenance of the same standard of living of the child is more of a goal than a guarantee.
In some manners this is a crucial job that they must do.
It's not really a guarantee that child support based on the previous standard of living can be maintained but the court will really try their best to give that.
Unfortunately when this unavoidable circumstances happens like the imprisonment of one party especially if he/she is the custodial parent they cannot do anything but accept the truth that child support is already impossible to be realized and so the act of paying child support while in Prison.