Imprisonment
Most courts addressing the issue of imprisonment for child support deficiencies since the United States Supreme Court's ruling in Lassiter vs Department of Social Services, 452 U.S. 18 (1981) have held that appointed counsel is required if the obligor's liberty is at stake. In March, 2006, the Supreme Court of New Jersey, upheld this principle in the case of Anne Pasqua, et al. v. Hon. Gerald Council, et al. As of August 2006, at least four states (New Hampshire, Pennsylvania, Virginia, and South Carolina) do not consistently appoint attorneys in enforcement proceedings. As of 2011 court challenges were pending in Pennsylvania and New Hampshire.
On March 23, 2011, the United States Supreme Court heard Turner v. Rogers, a case concerning whether South Carolina had a legal obligation to provide appointed counsel to Turner, who was jailed for child support non-payment.
The right to a jury trial is abridged in criminal non-support cases when the defendant is charged with misdemeanor non-support. The judge can incarcerate the obligor for contempt of court for some time, presumably till the balance is brought current, similar to debtors' prisons of prior eras. Jail complicates child support payments, which is why some states suspend sentences and impose a probationary period during which payments must be made and/or employment searches conducted, with jail reserved for uncooperative offenders.
Read more about this topic: Child Support In The United States
Famous quotes containing the word imprisonment:
“... imprisonment itself, entailing loss of liberty, loss of citizenship, separation from family and loved ones, is punishment enough for most individuals, no matter how favorable the circumstances under which the time is passed.”
—Mary B. Harris (1874–1957)