Executive Summary Of the Brief of Amici Curiae Center on Fathers, Families, and Public Policy joined by The Wisconsin Council on Children and Families submitted to the Wisconsin Supreme Court in a case involving modification of child support for incarcerated parents

When an incarcerated parent has no assets, setting child support orders at pre-incarceration levels will not tangibly support the child. All this will do is create arrears that cannot be collected. This has negative consequences for the noncustodial parent and the State of Wisconsin. Ultimately, these child support debts are not in the best interest of the child. Therefore, when an incarcerated parent has no assets, the district court should grant a modification of his child support to reflect what he has the ability to earn.