The Return of Debtors' Prisons

[The Rabbi]

I always thought the US had done away with debtors' prison but obviously the feminist lobby is strong enough to turn the clock back.  How can someone pay child support if they're sitting in jail?


Child-support suit challenges jail tactic
Dad says inability to pay is no crime

By SHEILA BURKE
Staff Writer

Bryan Cottingham insists he had no intention of trying to escape the $37,000 he owed in back child support  he says he just didn't have the money to pay.

But that didn't stop a private collection agency working for the state from asking a Williamson County court to throw him in jail. Without a lawyer for much of the case, the freelance television producer and traffic reporter was sentenced to 170 days for criminal contempt of court. In 2002, he spent two days behind bars before making bail.
   

After years of legal wrangling, the Tennessee Supreme Court unanimously overturned the convictions, ruling that no one proved Cottingham had the money and refused to pay.

Cottingham, now 60, is pushing a federal lawsuit, hoping to collect damages and prevent the state child-support collectors from improperly using the threat of jail to pressure people who can't afford to pay.

"I never tried to get out of paying child support. I never felt like I should get out of it," he said, adding: "I can tell you that there was nothing lower in my life than when I was in that jail cell."

[Thor]

I'm nigh on 50 years old and I can recall that several times my mom threatened my father with having him thrown in jail for failure to pay child support. It's more for contempt of court, than a debtor's jail. In my case, we wound up living with my grandma for most of my childhood because he rarely paid on time, if at all. I can see that in today's world, child support is often a lot higher than what I think it should be.  Then, if the child support paying parent gets a raise, quite often, some really greedy folks will go back to court in order to get more. It kind of bugs me that some folks will use the child support issue  to live "the high life". Then you get some courts that award outrageous amounts of child support just so the custodial parent doesn't have to work. What bugs me even more is that some states will revoke driver's licenses, hunting and fishing licenses and other things to keep that money coming. Kind of hard to work when you don't have a driver's license. And..... I DO know of a few people that use hunting/fishing to put food on their tables. So, let's force some folks into the welfare system because they can't afford to pay the court awarded lottery called child support. I'm all for one taking responsibility for the children they make, but seriously, there are some major flaws in the system.

[kldimond]

The whole family law court setup is a sick joke. Yes, debtor's prison, "darned if you do, darned if you don't, all kinds of things.

My wife (paralegal who's done a lot of family law work) wrote a series about it for our local newspaper. She keeps telling me she will adapt it and put it up on my blog, but nothing yet.

She did a lot of research, found sites that had story after story after story of treachery being suborned by the courts. It's a disgrace. One's very best bet is to stay out of the system!

[SomeKid]

I remember one guy, nice guy, not the brightest, but a decent fellow. Might have made a good neighbor.

Was paying his child support, but it was really bleeding his finances. So, he took a second job. (Where we met.) Second job gave him a few hundred extra a week, it paid less than half his main job. That poor bastard was working hard, nights/weekends and working his day job.

Wifey found out, took him to court over the second job. Court rose his child support using his main jobs pay scale! His second job ended up costing him money, that was how much his child support was increased.

Just one more reason I wonder if I will ever let myself get roped into marriage.

[wmenorr67]

I don't know about other states but in Oklahoma child support is based on a percentage between what each parents income is compared to what the est. expense is in raising said child/childern.

[Vile Nylons]

Unfortunately, child support is often used as retribution between former spouses, rather than what it was intended. I sought and received child support from my former wife [New York State] who arbitrarily decided she didn't want to play mommy any more. My son deserved better than I could alone provide. But having to go through the Family Court system was a nightmare.

[Paddy]

The jail sentence wasn't imposed for some 'inability to pay child support', it was imposed for criminal contempt of court.  Read the finding  http://www.tennessean.com/assets/pdf/DN77584625.PDF  his child support payments were cut in half after his income mysteriously decreased    Still he didn't pay. 

If you're gonna spawn children you need to provide money for their support.  If we've got jail space for victimless crimes like marijuana possession, we've got jailspace for deadbeat dads like this guy.

[crt360]

The jail sentence wasn't imposed for some 'inability to pay child support', it was imposed for criminal contempt of court.  Read the finding  http://www.tennessean.com/assets/pdf/DN77584625.PDF   

"the trial court found Mr. Cottingham guilty of ten counts of criminal contempt for ten months that he failed to pay child support in any amount and seven counts of criminal contempt for each of the seven years that he failed to pay alimony. The trial court sentenced Mr. Cottingham to ten days of incarceration for each conviction to be served consecutively, for an effective sentence of 170 days in the county jail."  This was effectively the same thing, since the trial court failed to determine his inability to pay or just construed it as unwillingness to pay.

his child support payments were cut in half after his income mysteriously decreased    Still he didn't pay. 

From what I can make of it, he did pay child support for 48 of the 58 months he was required to pay it.  He obviously satisfied Tennessee's Supreme Court that he was paying all he could given his financial situation at the time.

[jnojr]

Moral of the story:

DON'T HAVE KIDS!!!

Seriously... why?  So hands can dip into your pockets for the rest of your life?

Stuff like this makes me more eager to just get a vasectomy.

[MechAg94]

What it really means is that if you ever get divorces, spend the money to hire a really good attorney. 

[Barbara]

Was paying his child support, but it was really bleeding his finances.

Yeah, I was raising kids, but it was really bleeding my finances.

And for what its worth, in close to 20 years, I've received $5.00 in child support. Its a screwed up situation in my case, but still. I just got my Social Security statement today and its scary to think how little I made some of those years I was raising kids..so not a lot of sympathy about what it costs to pay child support vs. what it costs to raise kids.

[SomeKid]

Barb,

Why don't you read my earlier post again. This guy was not dodging his commitment, he was trying to fulfill his commitment without bankrupting himself. Maybe you can't pity the guy, but I knew him, and did. Just because your ex was a deadbeat doesn't mean all men should suffer, woman.

[charby]

Somekid

I don't know Barbara personally, but I exchanged a few emails with her and topics on here, to me she seems like a person that warrants respect. You may not agree with her but you could have left that last sentence off.

-C

[SomeKid]

Last sentence, or last word?

I think the last sentence is appropriate, and the last word is a good reminder that she should remember that this isn't a man woman thing, unless she makes it one. (Which I perceived her post as making it. Maybe I was wrong, but the intention was to point out that she shouldn't think that because she suffered, men should to.)

[Barbara]

Just because your ex was a deadbeat doesn't mean all men should suffer, woman.

Wasn't my ex.

I'm pretty sure the person raising the kids still had to buy groceries every week and keep the kids in shoes, even if the guy had good intentions of paying his child support. And that was my point..even though I didn't receive *any* child support, I still had to figure out how to make hardly any money at all make it through the week..I didn't have the luxury of deciding whether or not I could afford to pay it. I just did.

I'd also suggest that the money he's spending trying to get out of paying his obligations might better be spent on making sure his children are taken care of.

Maybe instead of trying to get in the last word, you should consider that my post wasn't related to yours at all?

[Art Eatman]

Some guys could pay, but don't; fine by me if they go to jail.

But where the system goes all wonky is in cases where a guy loses his job and flat-out cannot pay--but the court orders "pay or jail" as his only options.  There is a notable number of these when you see newspaper headlines of, "XYZ Corp. lays off 4,000 workers."

Art

[The Rabbi]

I am not aware of any other circumstance where a person owing a financial obligation goes to jail if he does not/cannot pay.
Why should this one be different?

[MechAg94]

I remember reading about a guy in Pennsylvania who has been in prison for something like 17 years on contempt charges because a judge thinks he is hiding money from a divorce case.  Supposedly he had money overseas that he claims was lost in bad investments.  Apparently the guy has tried to get higher courts to release him, but for some reason the other judges won't mess with the contempt ruling.

[Chris]

Just a few thoughts from the old magistrate here who hears child support contempt cases on a weekly basis, every Thursday morning.

First, although "dead beat dad" is the common phrase, I would estimate that at least 30% of the cases I see involve "dead beat moms."  Just food for thought.

Contempt is not filed against an obligor for at least the first $5,000 of missed support.  When contempt is filed, and the person found to be in contempt, they are afforded an opportunity to purge the contempt, meaning they set up a new payment schedule for support to not only pay the currently owed support, but also pay off on the arrearages.  I have yet to see an obligor (dead-beat) refuse this opportunity.  Only after allowing an opportunity to make these payments is jail even a consideration.

Now, there is a real difference between someone who is out of work, unable to work, and just not working.  A person who loses a job often has the ability to work, and will be actively seeking work.  As long as they are trying, I'll give them a break.  Some people are unable to work, whether due to medical conditions, mental health issues, or family issues.  these are the people I forgive, and order a hearing to modify the support order.  And, some people choose not to work.  Frankly, nothing pisses me off on the bench more than an obligor who comes in saying that they just can't find a job, admits that they haven't been putting in applications anywhere, and then tests positive for drugs.  I had a guy in a few weeks ago who said he couldn't find a job anywhere, and hadn't been employed for two years.  When pushed, he admitted that he'd last applied for a job in 2006.  He then tested positive for marihuana, cocaine, and opiates, but said that he only does drugs when a friend is willing to give it to him.  I locked him up for the max.

[Paddy]

I am not aware of any other circumstance where a person owing a financial obligation goes to jail if he does not/cannot pay.
Why should this one be different?

Generally, your Visa payment is not court ordered.  Child support is.  The jail sentence is imposed for violation of the court order.

[Laurent du Var]

If those "dead beat dads" don't pay any child support, does
that mean that they still teach their children how to ride a bike,
sing them a song when they can't sleep, take them to the doc when they are sick,
make them a real cool gift for their birthday, help them with their homework,
give them some info on the girl/boy thing, make sure they don't come home too
late, that they don't drink or take drugs ? 

If not you can hang them, for all I care.

[The Rabbi]

I am not aware of any other circumstance where a person owing a financial obligation goes to jail if he does not/cannot pay.
Why should this one be different?

Generally, your Visa payment is not court ordered.  Child support is.  The jail sentence is imposed for violation of the court order.

But even a civil judgement is court ordered, and you cannot be jailed if you dont pay it.  I know.  I sued a guy for non payment of rent and won over $1000 and he hasnt paid me.  In fact nothing has happened to him other than a lien on his house.  And that's been probably 4 years.

[Paddy]

IANAL, and maybe ET can clarify, explain.  A civil judgement is 'court ordered' but it is not an order to pay; rather it is a determination by the court of liability.  A 'court order' to pay child support is just that; it directly orders payment be made, to whom, the amounts and timing.

[SomeKid]

Barb, considering your first post had a quote from one of my posts, I thought you were replying towards my story, and basically saying he should pay more, even though it was very tough for him. Was that your point or not?

[The Rabbi]

IANAL, and maybe ET can clarify, explain.  A civil judgement is 'court ordered' but it is not an order to pay; rather it is a determination by the court of liability.  A 'court order' to pay child support is just that; it directly orders payment be made, to whom, the amounts and timing.

Can you think of an analogous situation in any other case, where the court orders a payment of one kind or another and can jail someone?
Especially so where it is between 2 private parties.