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To: Red Jones
[T]he entire concept of throwing a parent in jail who merely doesn't have the amount of money the state says he owes should be declared unconstitutional. You can't afford to pay your debts, so you are taken to jail, this should be considered beyond the power of the law, it is debtor's prison.

It is unconstitutional. One of the findings that a judge has to make before he puts anyone in jail for failing to pay child support is that the defendant either:
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.

7 posted on 08/10/2002 1:11:54 PM PDT by Backwoods Southern Lawyer
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To: Backwoods Southern Lawyer
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?

11 posted on 08/10/2002 3:08:35 PM PDT by VA Advogado
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