No credit card required
Browse credit cards from a variety of issuers to see if there's a better card for you.
So, how is it possible that people can go to jail for months on end for not paying child support?
Failure to be financially responsible for a child is a little different than not paying off your Nordstrom shoe department spree, is it not?
Failing to pay child support is a violation of a court order, so the person is jailed on contempt. Ideally judges use their discretion and reserve jail time for those cases where there is evidence of willful violation of the order, hiding money, etc. But there are probably lots of cases where poor people, especially those without access to counsel, are jailed unfairly.
Also - it's possible to go to jail for not paying your taxes. Same sort of idea, I suspect.
Because child support is part of a judicial order and not an unsecured obligation like credit cards or personal loans. Even secured creditors are limited to seizure of the asset that secures the loan such as a vehicle or home. Whether they can attempt to collect any remaining balance after the asset is seized and sold is a matter of individual state law.
Although I have never been involved with child support issues a portion of my misspent youth did involve interaction with the judicial system. And judges REALLY don't like it when you flaunt their orders. They call it contempt and use the remedies at their disposal to encourage you to change your ways. I know in California the first step in delinquent child support obligations includes wage garnishment and loss of professional licenses and driving privileges. It takes a while for the judge to determine the only remedy or resource left is incarceration to change your mind.
In Maryland, it's my understanding that a judge can sentence someone to six months for contempt for failing to meet a child support order. During the jail time the party is forced to work (proceeds such as they are from ptrison work go to child support) and receive job counseling in hope they can get a job and pay support after getting out.
@HoldingOntoHope wrote:Because child support is part of a judicial order and not an unsecured obligation like credit cards or personal loans. Even secured creditors are limited to seizure of the asset that secures the loan such as a vehicle or home. Whether they can attempt to collect any remaining balance after the asset is seized and sold is a matter of individual state law.
Although I have never been involved with child support issues a portion of my misspent youth did involve interaction with the judicial system. And judges REALLY don't like it when you flaunt their orders. They call it contempt and use the remedies at their disposal to encourage you to change your ways. I know in California the first step in delinquent child support obligations includes wage garnishment and loss of professional licenses and driving privileges. It takes a while for the judge to determine the only remedy or resource left is incarceration to change your mind.
I have lots of involvement in family court, both as payee and payor of CS. Long-term jail time isn't something judges look to do, because then it takes people away from jobs - very counterproductive. In most cases you have to make a whole bunch of bad decisions to end up in jail. It's not a first-response kind of thing.
+1
Simply having debt has not been a crime for a long, long time in the U.S. No debtors' prisons.
However, failing to meet a court order for specified terms of its payment is a separate legal issue.
I hate to bring this back up, but it seems, that child support is a criminal offense(Felony), in one of the states I lived in; not just a civil offense(Contempt)..
http://www.state.tn.us/tccy/tnchild/39/39-15-101.htm
The above code, is slightly worded funny, have to commit it twice, before found guilty of it?!
But, it seems prosecutors pursue the contempt option for reasons:
1) You can question the defendant (no 5th amendment right to avoid self-incrimination);
2) Proof by preponderance of the evidence, not beyond a reasonable doubt,
3) No statute of limitations other than the general 10 year statute.
I'm confused as to what your question was.
"Child support is not a criminal offense" makes no sense, so I'm not sure what you mean. Failure to pay child support can be considered akin to neglect, as well as get someone in trouble for failure to follow a court order.
I'm not following your last paragraph, either.