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    CliffShep's Avatar
    CliffShep Posts: 1, Reputation: 1
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    #1

    Mar 17, 2008, 01:37 PM
    Are child support sentences unconstitutional?
    I was wondering if when a so called "Dead Beat Dad" is jailed for non payment of child support, if being held long enough in jail that he loses his job,home, driver's license, and more; if that is breaking a constitutional law?
    How do these agencies expect a man to pay support if they house him long enough to lose everything that he owns?
    If they suspend his driver's license, how does he get to work? And what if a driver's license is required for the job?
    If he finds himself homeless, how is he expected to pay support when he needs support himself?
    If he loses his job, how can he pay?
    Yet every state in the USA practices this type of punishment for unpaid support.
    Also, how can they hold a payee that long or longer and not take anything off the obligation or arrears?
    If he was working he would have earned an income in that time to pay support!
    When he gets out of jail he is still expected to pay the full amount plus what has accrued in the time that he was incarcerated.
    Who are they helping? Our families or themselves?
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
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    #2

    Mar 17, 2008, 01:55 PM
    The taxpayers in your state have to support the children of most deadbeats. The hardworking Taxpayers are ones feeding, clothing and housing the child(ren) of the creeps that won't do the right thing by supporting their offspring.

    What I can't understand are the scum that will allow their child to go without because they won't do the right thing by providing for them.

    I hope you aren't looking for sympathy. I sure don't have any for people that don't take care of their own kids.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Mar 18, 2008, 06:48 AM
    Hello clif:

    You think of your child support obligation just like you think of your car loan. When your kid grown up, and you tell him that, he's going to bust you in the chops, and you'd deserve it too.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 18, 2008, 06:57 AM
    While it doesn't seem logical on the face of it (if he's in jail how can he pay) such punishment is usually meted out to deadbeat dads that try to evade their responsibility by hiding income or just refusing to pay.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Mar 18, 2008, 07:07 AM
    The dead beat parents (yes, some women are deadbeats as well with child support) are not just automatically thrown in jail when they don't make say one payment. No, they are in arrears for thousands of dollars and have made no attempt to catch up or pay anything. The way you word your question seems to indicate that you think taking someone's driver's license (which is a privilege remember) or depriving them of their freedom makes it hard for them to live. The deadbeat has been to court probably many times and kept telling the judge he or she was going to pay towards their child(ren). After so many times of being in front of the same judge and hearing the same worn out excuses or promises the judge obviously has had enough and puts the person in jail. This should not come as some big surprise (as you seem to think it does). The deadbeat somehow "wakes up in jail" not knowing why they were incarcerated somehow seems incredulous to me. What were they doing during the numerous hearings, sleeping or daydreaming that it would all go away? The deadbeat dads I can understand as men don't have too much to do with children if they so choose to, but when women and mothers become deadbeat moms I am totally clueless as how could they abandon their children first physically and then financially and dump them on someone else to support and raise for them?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Mar 18, 2008, 07:19 AM
    Hello again, cliff:

    I noticed that I didn't answer your question. If the person fails to pay court ordered child support, the person is put in jail for contempt of court. It's a CIVIL commitment and perfectly Constitutional.

    If the person wants out, all he would have to do is demonstrate his willingness to adhere to the court order. Maybe even a sincere phone call to the judge would do it...

    But... since you don't think your kid needs to eat, I don't think you're capable of sincerity... Except that you want out - THAT I believe.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 18, 2008, 08:19 AM
    Ok, I think me need to lighten up just a bit. The OP posed his question hypothetically. There is no overt indication that he is referring to himself. Lets cut him a little break and not accuse him without being sure.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #8

    Mar 18, 2008, 05:42 PM
    I agree Scott about lightening up, but like Judy I am really skeptical about just why this OP would ask such a hypothetical question if he or someone he knew did this.

    No, it is NOT unconstitutional. It's inhumane to deprive another human being of the ability to eat food, wear clothes, and have a roof over their heads namely, the children who cannot fend for themselves financially. Whatever a judge orders must be adhered to regardless of what "hardships" it causes the nonpaying parent.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Mar 18, 2008, 06:42 PM
    No, since you can not be jailed without due process, so as long as the court gives you proper notice, and you fail to obey the court orders, you can be put in jail, so legally it is not unconsitutional.

    I believe they should be put in half way houses, forced to work, if they don't have jobs, be on the highway picking up trash and/or finding a job.

    But the real issue is why they are not paying to start with, if they get so far behind they have to go to jail, the issue is not the jail, but their refusal to pay their child support.
    herewegoagainmn's Avatar
    herewegoagainmn Posts: 9, Reputation: 0
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    #10

    Mar 28, 2008, 12:38 PM
    I'm new here so be nice. I want to answer your question and give you insight to my situation. I'm always amazed by men that don't pay monthly child support obligations. I believe that they too are amazed by themselves. The honest people that truly mean well don't end up in jail for contempt. They contact their county and handle things appropriately.

    I completely resent it when people suggest that "tax payers" care for these children when their "deadbeat Dads/Moms" don't contribute to the child's upbringing. No the MOMS/DADS DO! Get it right and give credit where it is due. Not many people are on the welfare system the way they used to be. There is a limit to it and after that you need to get a job unless you are handicapped or your child is. So stop saying that you are caring for our children because come hell or high water WE ARE!

    My current situation is that my sons Father is an ex-pro ball player / attorney with his own private practice in sunny south Florida and has a basketball court, tennis court, swimming pool all in his back yard and maid service too.

    I'm a hardworking professional woman and John Q Public (tax payer) is not "helping me" take care of my son. I'm the only tax payer paying for him in this situation and I believe that is the same for many other hard working mothers out there. My son is enrolled in private school and plays on many teams. I go without to make it happen for him and I make it happen with the grace of GOD.

    His "deadbeat Dad" even though an attorney, well informed and educated in the law has avoided doing the responsible thing in life because he's upset with me, over what this time, I don't know. Point is, in the last two years he has made three payments. Each payment has come only because his feet were held to the fire and he was forced to make an arrangement and agree to keep on paying. He is currently over $17,000 behind so obviously he hasn't kept any of the agreements that they have allowed him to make.

    They don't throw you in jail out of the blue so please stop the pitty party. Who you can feel sorry for is your child that most likely misses you, wants for basic things and simply has had to adjust and understand things far more than they should have to so far in their lives.

    Long story short, although not my problem, I have empathy for these men. Why I feel for them that they have let this situation escalate out of frustration and pride. That they have denied themselves the privileage of supporting their children and being proud of it. That they are now going to jail because of it and yes as you stated will lose a lot if unable to pay when they ask for it.

    However, if your not running from the obligation, they will work with you. They don't want you in jail, they want you to take care of your child, you should want to too!

    If it is you that is going through this situation, Good luck, stop performing like an in your one man circus, get it right and understand nothing good can come to you until you are right with your obligations in this world. Be good to yourself you deserve and your child does too!

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