Unable to pay child support, poor parents land behind bars

It may not be a crime to be poor, but it can land you behind bars if you also are behind on your child-support payments.

Thousands of so-called “deadbeat” parents are jailed each year in the U.S. after failing to pay court-ordered child support — the vast majority of them for withholding or hiding money out of spite or a feeling that they’ve been unfairly gouged by the courts.

But in what might seem like an un-American plot twist from a Charles Dickens’ novel, advocates for the poor say, some parents are wrongly being locked away without any regard for their ability to pay — sometimes without the benefit of legal representation.

Randy Miller, a 39-year-old Iraqi war vet, found himself in that situation in November, when a judge in Floyd County, Ga., sent him to jail for violating a court order to pay child support.

He said he was stunned when the judge rebuffed his argument that he had made regular payments for more than a decade before losing his job in July 2009 and had recently resumed working.

“I felt that with my payment history and that I had just started working, maybe I would be able to convince the judge to give me another month had a half to start making the payments again,” he told msnbc.com. “… But that didn’t sit too well with him because he went ahead and decided to lock me up.”

Miller, who spent three months in jail before being released, is one of six plaintiffs in a class-action lawsuit filed in March that seeks to force the state of Georgia to provide lawyers for poor non-custodial parents facing the loss of their freedom for failing to pay child support.

The theory upon which these parents are incarcerated is that they have refused to obey an order or orders of the court. In reality, the "court" often run by a non-judge or magistrate (often a lawyer in private practice who is a volunteer or very low paid magistrate) is jailing the parents to "vindicate the authority of the court." This is legalese for stroking the id of the magistrate to let him feel sooooo important because he can jail people on the installment plan for disobeying the magistrate.

The jailed parents can sometimes get friends to pony up the minimum the "court" demands for their freedom. These friends are usually providing charity to a friend and do not get paid back. Via this method, the "court" effectively punishes people who have no obligation on the child support for having poor and unemployed friends.

There is very little in the way of sophistication among those jailed. Many states will make a provision that someone who genuinely CANNOT comply with a support order because of being laid off or because the employer has gone out of business or whatever can file an immediate motion to modify the order with the ruling on that motion being retroactive to the date of filing. However, most of these jailable parents would not know a motion form from the Declaration of Independence, don't know how to file one and, for the same reason they cannot afford child support, they cannot afford a lawyer. Since the money collected from the alleged "deadbeat" is often being directed to reimburse welfare under AFDC, even liberal states like Connecticut are quite reluctant to provide legal assistance to the jeopardized parent. Every day in court to hurry up and wait is another day not searching for a job. Every day in jail for contempt, ditto, plus prospective employers don't want to know you are available since you just got out of jail. Some states allow the custodial parent and/or the state to be represented by state provided social workers (often copping a major feminist attitude) with no legal education and no ethical obligations but with a verrrrry close and day-in-day-out relationship with the "magistrate." ADue process of law is not notable in such courts. No jury trials because the defendant is confronted in open court with a magistrate demanding immediate payment and failure to comply is deemed "contempt in the presence of the court" which allows a judge or magistrate (under common law standards) to immediately find contempt and immediately impose punishment (perhaps of limited duration, say, six months or until the arrearage is paid or until a lesser amount demanded is paid).

Finally, if, God forbid, you should find yourself the victim of a modest mugging or other less than atrocious crime, be aware that the priority placed by the court system on "vindicating the authority of the court" over what used to be normal incarcerations, means that your mugger will soon be free and available to track you down for complaining. See if you can find the dollar value expended in your county or state for each day's incarceration for prisoners generally or those held for contempt and you will realize just how much contempt the courts have for mere taxpayers. It would be cheaper in many states to send someone to Harvard and pay all tuition, room and board, books and expenses than to jail them. And, NO, it makes no sense to add the cost to the prisoner's tab when the prisoner already could not pay the child support.

Most of us as conservatives support the court system and the rule of law, but we ought to become aware that this and several other areas of law are evidence of a system run amok for "politically correct" purposes.

"Ok....so a guy loses his job and can’t make child support payments. How exactly does locking him in jail rectify the problem?"

He hadn't paid child support in at least 2 years, could have been longer but the article really did't say.

Why didn't the man explain his circumstances long before it came down to going to jail? He had a long time to do so, and the courts don't step in until a spouse is far, far behind.

Was he collecting unemployment during the two years? If so, why not kick in a little for child support? He fathered the children and has a financial responsibility.

Additionally, if a custodial parent files for public assistance, many states want to know why child support isn't being paid, and may very well be the reason that the court is getting involved.

The treatment you have received is a very accurate example of what I was outlining in #24. We are living in a country where getting one job is a major accomplishment under Obozo and the gummint dimwits (living in another galaxy) say, well, get a 2nd job! Or, have you considered buying a pup tent, giving up your housing and living under a bridge? These functionaries are arrogant idiots with no sense of reality from which their gummint jobs shield them. What also never occurs to the bureaucrats is that each time you apply for a job, you have to explain your three month incarcerations.

This suggestion may be impractical but your job situation might stabilize if you can find a small business employer who has personally suffered under this system in some way analogous to what you have experienced. As an attorney (now thankfully recovering) I volunteered to represent a friend in a child custody and support matter. He was as far left as I am right but one thing about him was that, although he did not marry the mothers of his two children, he was otherwise as conscientious a parent as I had known. I told him that he had to make his payments on time every time, tell me immediately if he became unemployed, pick the child up on time and bring the child home on time every time. I did not think he would do it successfully but he did. His first child had died when that child's mother was too busy smoking weed to pay attention as that first child wandered into a pool at a park and drowned. I was representing him on his second child. He found the sort of employer who I referenced in the last paragraph. He was given a pickup truck as a minor construction supervisor, a gasoline card and the employer dutifully garnished his wages for the child support. In spite of his determined newly responsible behavior, he was, of course, short of money, chose his child over his heart medications and dropped dead behind the wheel (at age 39) when bringing the 4-year old back from visitation. You can bet the system never gave his fate a second thought.

Whatever mistakes you may have made in life, having your kid(s) certainly wasn't among them, nor marrying your wife as you describe her, whatever may have caused you to separate or divorce. Best of luck with your situation and may God bless you and yours.

Thank you very much for your kind words. :)

I have heard other horror stories similar to your friends. I wish I could say it’s unusual.

I was too young when I married, and my wife told me she couldn’t have kids. Well, she was wrong. After separating, she did discover that she could live quite well if she didn’t work, since she had a kid. She was provided a place to live, food, and spending money. The state was more than happy to supply her with whatever she needed. They ran a tab, and sent me the bills. My ex now has 5 kids, by 5 guys.

As for me, I no longer feel like I am worthy to be with a woman, since I can’t support one, or even help support me. One thing I haven’t done is father anymore kids, I learned my lesson. I guess I just find it sad that my life is now under control of the govt, forever. With the interest they charge, I’ll never get caught up on payments.

I do think parents have a responsibily for their children, but for some people, in this economy, there are limits as to what a person can do. I have heard of people committing suicide over child support, and while I would never do that, I can understand people who make that choice.

Regardless what anyone says, it is now illegal to be poor.

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