Case seeks attorneys for nonpaying parents

  • Follow Metro

COLUMBIA --- A South Carolina father who was repeatedly jailed after insisting he couldn't make child-support payments of about $50 a week is asking the U.S. Supreme Court to end five states' practice of locking up delinquent parents without providing them with a lawyer.

In a case to be argued before the high court today, Michael Turner contends that poor people facing time behind bars for missing payments have a constitutional right to an attorney at taxpayer expense. Florida, Maine, New Hampshire and Ohio are the other states where deadbeat parents are not automatically given a lawyer in such cases.

By at least one estimate, hundreds of people a year in those states do time for not paying child support -- a practice some advocates say penalizes both parent and child.

Opponents say providing lawyers would prove costly and clog up an already cumbersome legal process and that deadbeats already control their own destinies: If they pay, they go free.

In its ruling against Tucker, the South Carolina Supreme Court said a delinquent dad holds "the keys to his cell because he may end the imprisonment" by paying at least some of what is owed.

Georgia case

Six Georgia parents who have spent time in jail over missed child support payments filed a class-action lawsuit Tuesday seeking to force the state to secure them lawyers.

The lawsuit, filed in Fulton County Superior Court, said Georgia law bans authorities from jailing a parent who can't pay child support, but it said the six plaintiffs haven't had the opportunity to prove they can't fulfill their obligations because they don't have attorneys.

The suit says the plaintiffs were in jail "for weeks, months, and sometimes over a year."

The Georgia attorney general's office declined to comment.

-- Associated Press

Comments (3) Add comment
ADVISORY: Users are solely responsible for opinions they post here and for following agreed-upon rules of civility. Posts and comments do not reflect the views of this site. Posts and comments are automatically checked for inappropriate language, but readers might find some comments offensive or inaccurate. If you believe a comment violates our rules, click the "Flag as offensive" link below the comment.
Crime Reports and Rewards TV
33
Points
Crime Reports and Rewards TV 03/23/11 - 10:41 pm
0
0
If you can't afford to pay,

If you can't afford to pay, don't jump in bed and play.
Otherwise LOCK EM UP. They ALWAYS have lots of cash for Cigs, beer, blunts, nudy books lottery tickets, cable TV 22 inch rims, etc. etc......Most of the delinquent "dads" are the ones clogging up the convenience stores spending their money on girls like it's on fire. I vote we bring back CAINING for these creeps. EVERY DAY we don't get an email from work saying they ARE working they should report to jail or a public flogging & I’ll BET they pay then…
This is all just a smokescreen of the defendant to NOT SUPPORT HIS CHILD.

corgimom
32412
Points
corgimom 03/24/11 - 07:44 pm
0
0
You violate a court order,

You violate a court order, you go to jail.

Why is child support any different?

treetopyoung
3
Points
treetopyoung 03/24/11 - 09:59 pm
0
0
Well I know someone that pays

Well I know someone that pays every two weeks. The money comes out of his check, but because he is working at a min paying job they say he is always behind. The order was made when he had a better job and was laid off. He asked for a review, but it would cost money for that and he would rather that money be put towards the child support. They are always threating him with taking his license away.

I really don't like the term "deadbeat" there are good dads out there that pay, but are still behind.

Back to Top

Search Augusta jobs