What if the paying parent is in jail?

To be considered an “incarcerated obligor” a person must be, or expect to be, confined in a correctional institution for at least 6 consecutive months. OAR 461-200-3300(1)(b). To determine the amount of support that will be owed while the paying parent is incarcerated, the guidelines support calculator is used with one small change: all of the paying parent’s income and assets are attributed to that paying parent, unless this is restricted or the paying parent can not access them. If the paying parent’s gross monthly income is less than $200 per month, it is presumed that the paying parent cannot pay support.