First off, let me say I think it is irrelevant whether the brief was crafted by the Republicans or Democrats. It’s just a means to distract people into thinking the next election will change things. If the Democrats were in power, then their signatures would be all over the brief. I think the brief is clear and correct in stating that contempt of court statutes currently require the ability to pay before incarceration can occur.
Secondly, most people think that this decision will eliminate debtor’s prisons in the US. This is simply not the case. The only issue here is whether an indigent person is required under the 14th amendment to a court appointed attorney in a civil contempt case that may result in imprisonment. Regardless of how the US Supreme Court rules nothing will change the current issue of imprisonment for contempt of court in child support hearings. Simply appointing a corrupt representative of the court to an indigent defendant will not guarantee his freedom. Again, in my child support courtroom, the vast majority of noncustodial parents decline representation in the first place, and all are found in contempt without the courts finding their ability to pay.
There are far greater problems going on with Child Support and family court than the simple matter of court appointed representation in contempt hearings. A more pertinent question would be why are people being imprisoned when they don’t have the ability to comply in the first place? If one thinks its because an attorney was not present then we are missing the big picture. The Attorney for the Custodial parent, and the judges all know the elements required to convict on a civil contempt hearing and one is innocent until proven guilty. Therefore, the judges and attorney for the custodial parent are fraudulently convicting noncustodial parents who were never proven the ability to pay.
Please take a moment and SIGN for Child Support Reform. You do not have to be directly involved in the Child Support System to Sign this Petition. Yet, we are all apart of the System; if someones’ U.S. Constitutional Rights are being violated, you are being violated. How much more Government interference are you able to put up with? Presently, the Children are always the losers; relationships are being ruined, thousands go to jail and thousands commit suicide each year! PLEASE USE THE COMMENT FORM TO SIGN LOCATED AT THE BOTTOM OF THIS PAGE; Thank You!
“The more of us we have, the more hope we have and hope is the commodity we need; RIGHT NOW!”