Child Support Contempt
The United States Supreme Court has found that indigent civil defendants facing jail time have no right to automatic counsel for child support contempt proceedings. This was relevant in a case this week involving a man, Michael Turner, who has served a year in prison because he failed to pay child support. Although free lawyers are not a requirement in these situations, each state must have procedures in place to determine whether the parent was able to comply with the support order.
In Turner's case, he was unable to comply with the support order because he was once addicted to drugs. Now that he is clean, he asks that the court give him a chance. The judge sentenced Turner to prison without any regard for his ability to pay child support. Finally Turner's appellate lawyer argued his client's right to counsel at his contempt hearing.
An article from the ABA Journal states "the 14th Amendment’s due process clause allows a state to provide fewer procedural protections to civil contempt defendants than in a criminal case, which is governed by the Sixth Amendment." In the case of Turner, a lawyer was not a requirement, but he claims he did not get due process.
If you or someone you know is involved in a custody case, our family lawyers in Myrtle Beach are here to help. Call one of our good Myrtle Beach family lawyers at The Mace Firm for a consultation.
Alimony, Divorce, Family Law, Support, Separate Support and Maintenance, Child Support, Aggressive Attorney
