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Should Murder Suspect Pay Child Support from Jail?
GlennSacks.com ^ | 7/17/08 | Glenn Sacks

Posted on 07/17/2008 11:13:02 AM PDT by PercivalWalks

Here's another idiotic aspect of the child support system--demanding that incarcerated obligors continue to make child support payments even though we know they have no income and no ability to pay. Then, when they're released, they're several thousand dollars behind on child support (with interest on overdue payments added), and are subject to arrest or driven underground.

This problem has now been recognized by the Justice Department and Hillary Clinton actually addressed it during her campaign--to learn more, see my co-authored column New Justice Department Report’s Recommendations Could Reduce Prisoner Recidivism (Chicago Sun-Times, 10/26/07).

Usually the above scenario applies to low-income minority men incarcerated as part of the asinine War on Drugs. In the case below, the charges are far more serious--murder.

Nonetheless, it is still stupid and unfair to continue the man's child support obligation. If he's convicted, he'll be in jail the rest of his life, so the obligation is irrelevant--it'll never be paid. If he's acquitted, then he'll be behind on child support when he's released, with all the concomitant problems, even though he is legally blameless.

From Murder Suspect Ordered To Continue Paying Child Support From Jail (Southern Maryland Online, 7/13/08):

A Lexington Park man accused of murdering his estranged wife’s boyfriend and attempting to kill her in the process must continue paying child support for their three children.

A ruling by Circuit Court Master F. Michael Harris last week determined that Koummane Virasith must still make the child support payments to Melissa Virasith despite being detained in the St. Mary’s County Detention Center.

The double shooting that took the life of Thomas John Saunders, 38, and seriously injured Melissa Virasith, 40, occurred April 10.

Before the shooting occurred, Melissa Virasith had filed two domestic violence complaints against her husband for alleged abusive behavior. The couple separated in 2006, court documents stated, with Koummane Virasith made to pay $400 a month in child support.

Melissa Virasith wrote to the court in late June stating that child support was now vital to her keeping her family going while she was recovering from the shooting.

“I have no income and will not have any income for some time to come,” Melissa Virasith wrote. “I feel that he is still responsible for the support of our three sons and I do not want to modify our support agreement.”

Melissa Virasith stated in her letter that she was currently a paraplegic as a result of the shooting and was undergoing therapy at a hospital in Baltimore.

In a letter to the court written little more than a week after Koummane Virasith allegedly shot the two victims, he stated that he had always paid his child support on time every month while gainfully employed.

His incarceration in the detention center now made that impossible, he wrote in the letter.

Read the full article here.

Glenn Sacks, www.GlennSacks.com

[Note: If you or someone you love is faced with a divorce or needs help with child custody, child support, false accusations, Parental Alienation, or other family law or criminal law matters, ask Glenn for help by clicking here.]


TOPICS: Miscellaneous; Society
KEYWORDS: childsupport
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1 posted on 07/17/2008 11:13:02 AM PDT by PercivalWalks
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To: PercivalWalks
This is where obsession with a single issue makes the author look like a complete and utter ass.
2 posted on 07/17/2008 11:17:16 AM PDT by wideawake (Why is it that those who call themselves Constitutionalists know the least about the Constitution?)
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To: PercivalWalks
Every con should be required to work, and pay for their own rent, food, medical bills, cable tv costs, weight room/gym membership, magazine subscription, clothing, toiletries, restitution for the damages to private/public entities and the bullets to execute them.

Release should be contingent up all restitution paid in full.

3 posted on 07/17/2008 11:42:31 AM PDT by woollyone (100 rounds per week totals over 5000 rounds in a year. Just thought you'd want to know.)
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To: woollyone

Horseshit.


4 posted on 07/17/2008 11:46:24 AM PDT by Americanexpat
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To: Americanexpat

Horse$hit eh?

Ok..then you can also pay my share of the taxes required to house, feed, cloth, and entertain the lowest forms of life this nation (that you don’t even live in!) has to offer.

And, not living here in the US...why is your opinion in the matter even relevant?


5 posted on 07/17/2008 12:06:54 PM PDT by woollyone (100 rounds per week totals over 5000 rounds in a year. Just thought you'd want to know.)
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To: woollyone

We should also reinstitute debtors prisons too!


6 posted on 07/17/2008 12:08:27 PM PDT by CSM (Hey if a small tax increase didn't work, a bigger tax increase should not work even BETTER!)
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To: woollyone

How would the pay scale work? Would taxes and medicare be taken out?


7 posted on 07/17/2008 12:17:39 PM PDT by stuartcr (Election year.....Who we gonna hate, in '08?)
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To: wideawake
This is where obsession with a single issue makes the author look like a complete and utter ass.

Actually, the author has done more for me and guys like me than most "conservative" blowhards ever will. He calls out the man-haters and the pansy men who bow to them and exposes the utter corruption of what is called "support." The Father's Rights Movement is hamstrung by men as well as women.

I happen to think he's right. If the guy is innocent, he's being denied the ability to pay support. That's not his fault. If he's guilty, then he'll never pay support again anyway.

8 posted on 07/17/2008 12:27:50 PM PDT by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: buccaneer81
Actually, the author has done more for me and guys like me than most "conservative" blowhards ever will.

And we all know that life is all about what you personally stand to gain.

There are apparently a lot of guys like yourself out there that need to have things done for them.

9 posted on 07/17/2008 12:37:17 PM PDT by wideawake (Why is it that those who call themselves Constitutionalists know the least about the Constitution?)
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To: stuartcr

Sheriff Joe out in AZ seems to be doing it fine without all of the tough questions!

And once a con has had to pay his way...NOBODY wants to ever go back!

Isn’t that the way it’s supposed to be?


10 posted on 07/17/2008 12:51:20 PM PDT by woollyone (100 rounds per week totals over 5000 rounds in a year. Just thought you'd want to know.)
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To: woollyone

Do they get min wage or pay taxes? Seems if you pay them little enough, they would never get out of jail. I guess the wage is determined by their sentence? They earn enough to pay off the debt right when the sentence is finished?


11 posted on 07/17/2008 12:54:20 PM PDT by stuartcr (Election year.....Who we gonna hate, in '08?)
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To: CSM
Of course!
And bring back the Inquisition and witch trials too!

(pardon me, but rhetorical questions are replied to with equal sarcasm)

Sheriff Joe would not continually get re-elected if the pay for your room and board system were not heartily endorsed by the voters. Obviously, it works!

It's prison fercryinoutloud, not a freakin spa at tax payers expense. As it is now, society pays when were victims of crime, then pays again for the room and board. Pathetic!

12 posted on 07/17/2008 12:56:33 PM PDT by woollyone (100 rounds per week totals over 5000 rounds in a year. Just thought you'd want to know.)
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To: PercivalWalks

Don’t do the crime if you can’t do the time, or pay your child support. Suck it up buttercup!


13 posted on 07/17/2008 3:44:43 PM PDT by vpintheak (Like a muddied spring or a polluted well is a righteous man who gives way to the wicked. Prov. 25:26)
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To: stuartcr
"How would the pay scale work?"

Much like any other business, they would be paid by the value of their production. The jail could run several businesses with different positions available, each producing some salable product or service.

The inmates would be given their share of any profits, less rent, food, taxes, SS, child care, and a "restitution" tax. They could use the money to buy cigarettes, better food, whatever, or they could choose to send it home.

This could teach the inmates a usable skill, let them gain work experience, and make their reintegration with society less of a shock.

Yeah, I know in actuality they would buy drugs, sex, protection, and bribe guards with the money, but it's not really that bad an idea for inmates that would go along with the system.

14 posted on 07/17/2008 4:41:36 PM PDT by HangThemHigh (Entropy's not what it used to be.)
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To: HangThemHigh

What would happen to the ones that just won’t work?


15 posted on 07/17/2008 6:36:04 PM PDT by stuartcr (Election year.....Who we gonna hate, in '08?)
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To: woollyone

Why I choose to live out side of the county is none of your frigging business. My opinion is relavant because I spent 40 years of my life serving my country and I still pay taxes.

What kind of work are they going to be able to do to make the kind of money your talking about? Who is going to hire them and who is going to guard them? There are no frigging prison jobs or skills that can pay that kind of money. Frigging terrorists killers are treated better than some guy in jail for some small fry crime.

If you don’t care for my opinions tough shit.


16 posted on 07/17/2008 7:55:58 PM PDT by Americanexpat
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To: stuartcr
"What would happen to the ones that just won’t work?"

That is probably the weak link in the plan. I would put them to making small rocks out of big ones for no pay, but that's just me.

17 posted on 07/18/2008 5:40:47 AM PDT by HangThemHigh (Entropy's not what it used to be.)
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To: woollyone

I was actually just joking around and thought that with all of the bad credit news lately that I would add a sarcastic comment to this thread.

Sorry if I implied that I was arguing with you. Have a good day.


18 posted on 07/18/2008 6:04:07 AM PDT by CSM (Hey if a small tax increase didn't work, a bigger tax increase should not work even BETTER!)
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To: Americanexpat
you're right...I don't care for your opinions, partly, because of your inability to express them without profanity...which is a sign of a weak argument.

I never asked why you desired to renounce your US citizenship. Not my business and I don't care.

But if you're really an ex-pat, you renounced your citizenship and pay no taxes...or you're full of BS, in claiming to be an expat in your screen name.

So, at this point, no matter which is accurate, your full of crap. And that's the main reason why your opinion matters not.

And who cares what you did years ago?

Today is the day we live in, not the rosey past, filled with the glamour of wonerfully painted memories, or boasted upon accomplishments meant to serve only puffed up pride.

Go know yourself!

19 posted on 07/21/2008 7:41:23 AM PDT by woollyone (100 rounds per week totals over 5000 rounds in a year. Just thought you'd want to know.)
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To: CSM

Pardon my bellicose reply.

peace!


20 posted on 07/21/2008 7:45:24 AM PDT by woollyone (100 rounds per week totals over 5000 rounds in a year. Just thought you'd want to know.)
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