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Former President Barack Obama issued Executive Order 13563: Improving Regulation and Regulatory Review in his last month of presidency, prohibiting States from treating incarceration as voluntary when considering a parent’s request for a modification of his or her child support order. Although fully expected to, President Donald Trump has yet to act on the executive order, which right-wing politicians fought vehemently against for two years. This Comment argues that the President should leave the order in action because it will promote payment of child support and relationships between noncustodial parents and their children, as well as help to combat the cycle of incarceration that plagues low-income, noncustodial parents. This Comment also argues that courts should opt to suspend child-support payments for noncustodial parents when they face sentences that will produce significant arrearages by the time the parent is released from incarceration. Finally, the Comment will address how incarceration affects modification of support orders and the cycle of incarceration, who is affected by this cycle, and public views as to President Obama’s executive order that attempted to resolve such issues.

Executive Order 13563 Creates Access to Affordable Child Support Orders for Incarcerated Parents