Child Support Collection by Medieval Inquisition?
Wednesday / August 01, 2007
Oh
give me a break!
In a recent story about the evils of
child support, the author begins his piece with
this quote:
Similar to Medieval Inquisitions, judges have been given the authority, in secret proceedings… to investigate, prosecute, and sentence men without any legal counsel.
This is just silly. Although the terminology varies among the states, in order to throw someone in jail for failing to pay child support, the following steps must occur:
Only after every one of these steps is followed does the court have the authority to send a person to jail. Even then, the court usually gives the person another chance to pay before going to jail. If the person does go to jail, he stays there only until he pays at least some of the past-due child support unless he is an egregious offender
Child support is an important subject both for those who must pay and for those who receive. It deserves our serious attention. Comparing child support to the Inquisition adds nothing to trying to solve child support problems.
Similar to Medieval Inquisitions, judges have been given the authority, in secret proceedings… to investigate, prosecute, and sentence men without any legal counsel.
This is just silly. Although the terminology varies among the states, in order to throw someone in jail for failing to pay child support, the following steps must occur:
- The person must be served with a written pleading setting out the details of the claim for past-due child support.
- The person is entitled to legal representation. If he can't afford to hire a lawyer, the state appoints one for him.
- The court is required by law to inform the person of the above, plus the fact that the person is not required to testify himself.
- At the court hearing, the case for past-due child support must be proved by evidence such as testimony and documents.
- The attorney for the person has the right to cross-examine these witnesses.
- If he wants, the person can testify, to contradict the case against him or to establish an affirmative defense such as inability to pay.
Only after every one of these steps is followed does the court have the authority to send a person to jail. Even then, the court usually gives the person another chance to pay before going to jail. If the person does go to jail, he stays there only until he pays at least some of the past-due child support unless he is an egregious offender
Child support is an important subject both for those who must pay and for those who receive. It deserves our serious attention. Comparing child support to the Inquisition adds nothing to trying to solve child support problems.
|
