[VA Advogado]

1) Has the present ability to make the payment; or, 2) Would have the present ability to make the payment but for a deliberate or reckless suppressing of his income or assetts; or, 3) He had the ability to make the payment when it was due or since it became due, but failed to make the payment.

I am sure many conventional credit card debtors would fail this test. Its all in the 'priorities' (bankruptcy sense). So this test is in effect, usless, dont you think?

[ImphClinton]

I am sure many conventional credit card debtors would fail this test.

Difference is the credit company can revoke credit. Once you have a child it can not be revoked for 18 - 24 years (depending on the state). Thus the credit card company can only revoke your card and destroy your credit. The State can not revoke the child and thus you can be jailed if you fail to support your child to the best of your ability (as the state defines your ability).