Jail for Child Support Unconstitutional

Diesel-66 · 2019-05-25T22:34:11+00:00

I think the rationale is you are not going to jail for being in debt, you are going to jail for violating a court order, which is legal.

HQR3 · 2019-05-26T12:53:41+00:00

The legal work around to the debtor's prison argument is that the father is jailed for contempt of court--whether he is able or unable to pay the amount.

What the MRM/FRM needs is to force a ruling that a person cannot be charged with contempt of court for involuntary actions. Of course, such an action cannot be brought in the context of child support without facing a counter by the enormous feminist legal machine. So we would need such a ruling in a case NOT related to c.s., for instance, a person (preferably female) jailed for Tourette's outbursts in the courtroom or some similar involuntary action to set a precedent. Maybe the NCFM could research or search for a case like this.

Once we find/create such a judgment, we can apply the finding to child support obligors unable to pay. However, to do so we would have to be very stealthy. (...and here I am posting this on a public forum.)

EinarrVigburinn · 2019-05-25T22:35:31+00:00

Ok, sure, I'm picking up what you're putting down, I just have one question. Assuming you succeed how would you go about ensuring an ordered payment is made? Wage garnishment?

CatchPhraze · 2019-05-26T02:08:34+00:00

I think men should do the right thing and help support their children but absolutely debater jail is just counter intuitive and stupid.

A man cannot support in any capacity be it emotional or financial in prison. This should stop imidately.

whymustyoubesodumb · 2019-05-26T10:30:24+00:00

I don't think child support is bad but ok then

VegitoHaze · 2019-05-26T06:55:08+00:00

I agree that maybe they should do better to work with the person on the payments, but either way a guy who won't pay child support is an ass that deserves kicking.

Fluffy_Run_4413 · 2023-03-10T11:37:57+00:00

The part you have all forgotten is the part where it is written the Constitution that no one shall be imprisoned for nonpayment of a fine or fee, or due to contempt in a child support case resulting from non-payment without first, the right to counsel, the right to due process, the right to proper service of notice and the process of seeing if the person is indigent, or unable to pay.

I fall into this category because I live in another state than my children. I was held in contempt, license suspended for 5 years (although the state statute holds a maximum 2 year suspension), and had a warrant issued because I missed a court case.

I was not properly served. My address has always been up to date with the court and I have had the same phone number for over 10 years. A child support clerk contacted me and said "just to let you know, you have court tomorrow." I said that I live 600 miles away and would not be able to attend on 18 hours notice. I also asked why I had not received proper notice. Her answer was "this is your notice." I also asked her if I would be able to have a phone hearing as I had done in the past. She also stated no even though it is not her right to decide that.

The court issued a warrant. The court told me over the phone that it was a body only warrant meaning I had to present myself. I later learned when I requested a copy of the warrant that it was a $1000 cash bond OR a body warrant, not both. The court then proceeded to tell me "unless you pay $1,000 towards your arrears, we will not quash the warrant." This is also illegal as the court cannot use the threat of losing you or license or a warrant to coerce you into paying.

Title	Jail for Child Support Unconstitutional
Author	SoftBlueBottom
Upvotes	79
Comments	33
Date	May 25, 2019 10:27 PM UTC (7 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/bt0hxe/jail_for_child_support_unconstitutional/
Archive Link	https://theredarchive.com/r/MensRights/jail-for-child-support-unconstitutional.1206620 https://theredarchive.com/post/1206620

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