Class action demands attorneys for indigent parents jailed for failure to pay child support
10:08 am, March 22nd, 2011
The Southern Center for Human Rights filed a class action on Tuesday demanding that the state of Georgia provide attorneys to indigent parents who have been jailed or risk being jailed for failure to make child-support payments.
The suit, filed Tuesday morning in Fulton County Superior Court on behalf of six men who have been jailed in four Georgia counties, says that hundreds of non-custodial parents are jailed every year without benefit of legal counsel. Unlike criminal actions, in which defendants are constitutionally required to be given lawyers, these individuals are imprisoned on civil contempt charges and thus not eligible for state-funded attorneys, according to the suit.
The suit names as defendants Gov. Nathan Deal; Clyde Reese III, the commissioner of the Georgia Department of Human Services; Keith Horton, director of the Division of Child Support Services; and the directors of the Rome, Alapaha, Swainsboro and Alcovy Monroe child support offices.
The suit says that those imprisoned under such circumstances are often disabled, mentally ill, substance abusers or simply unemployed. Among the defendants is a military veteran who has been unable to find work since he was discharged from the service, and a man who has been in the Walton County Jail for five months because he cannot pay the $250 discharge fee to get out.
“On any given day, there are over 500 parents in Georgia jails who have been incarcerated solely for their inability to pay court-ordered child support,” said a Southern Center release announcing the suit’s filing. “The vast majority are indigent and unrepresented by counsel. According to the federal Office of Child Support Enforcement, 70 percent of child support debt is owed by parents with no quarterly income or with annual earnings of less than $10,000.”
The suit seeks class certification, and asks the court to enjoin any further incarcerations until attorneys can be provided to indigent individuals facing jail for failure to pay child support or discharge fees. It also asks for an order mandating “appropriate further systemwide remedial relief to ensure defendants’ future compliance with their legal and constitutional obligations… .”
Contributor: Greg Land in Indigent Defense, Litigation | subscribe to rss | 
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March 24th, 2011 at 11:47 am
My son was court ordered to pay $65.00 weekly for a child he does not see. This court order was from 2003 and he has since lost his job. He was a truck driver. Because he could not make payments Child Support revoked his license. He now does odd jobs but he only make enough to live on. For the past 6 years he has requested a modification of this payment but child support refused-saying “it was not in the best interest of the child”. He was paying on a regular basis but now does not have the money for his own living expenses. This weekly child support has ballooned to a ridiculous figure and is still increasing. Out of all the requests for modification child support is now saying they never received any modification letters from my son. I have the proof that he submitted these letters because I have the child support stamp on the copies. Child support in Georgia is so unfair-and my son needs help in dealing with these people. How can he be involved in the class action suit?
June 9th, 2011 at 11:17 am
Georgia Code § 15-6-8 states Jurisdiction and powers of superior courts. The superior courts have authority: (5) To punish contempt by fines not exceeding $500.00 and by imprisonment not exceeding 20 days. How can these parents be jailed for any longer length of time? One dad has been jailed 170 days, another dad 41 days, how can this be????
June 21st, 2011 at 1:55 pm
[...] Arresting and jailing indigent men for their poverty is unjustified use of force. [...]
December 11th, 2011 at 2:07 am
As an indigent parent, and one who has been arrested for an unsupported contempt of court charge stemming from a court order supposedly sent to a residence I had lost after child support increased my payment, which had been the same for seven years, from 250.00 a month, to 750.00 a month which I could not afford, and which subsequently caused a revocation of my license, me and my wife lost our home, and our means of income, and finally, all our possessions. The courts then labeled me a deadbeat dad and held me in jail for 88 days. The maximum for a contempt of court is 90 days, and on the 88th day, they sent me into a work release to pay an 1,100.00 purge, in a program where you are released for the day and must return at night. You are allowed to leave, but have to go on foot, no transportation from the facility is provided, and you aren’t given any opportunity to even use the facilities phones to contact someone for assistance. I was able to contact my family after walking the 2 miles to a gas station where I begged a cashier to use her telephone to contact my sister. After three months in jail, my wife had to sell everything we owned in an attempt to stay above water and was destitute. I paid the 1,100.00 purge, and was given the opportunity to go home the following day, which I later learned would have been my 90th day and would have been the day they should have released me for the contempt anyway, but I had filed a plea for release and being unable to pay, had already been denied. I was allowed to reinstate my license, and went about finding work, and attempt to catch up my bills. I had found work four weeks later, and had recieved two pay checks, when my license was again suspended by child support and this time they demanded 3,000.00 dollars more before reinstating would even be considered. Being unable to pay, I had to report the loss of my license to the company I worked for and that week my hours were cut in half, and I was released the following week for “lack of work”. It has been a year since then and I am still no closer to a solution than when all this started. Child support is just a money machine for the state, and has the same control over local governments that was had by the early mobs at the turn of the century, or the teamster unions who were allowed to make decisions over peoples lives with no fear of recourse or punishment. I was an emergency first responder and proud of my accomplishments, I was fairly comfortable and felt I had finally recovered from the marriage which destroyed my life and had destroyed my concept of family forever. I have three children with my second wife, and have never been ashamed of my position as provider and as a leader of my family, but now I don’t see how I will ever be able to be that way again.
February 20th, 2012 at 10:57 pm
There is a big difference between can’t pay and won’t pay. My ex-husband of 15 years came home without warning said he didn’t want our family anymore. He deserted me and our 2 children when I had no income due to the downturn in the real estate market (I was full time Realtor). My ex-husband has over 10 years driving experience and had an income of $55,000 plus. He walked away leaving me with a home I can’t pay for, no car, no other place to live, and has vowed that he will do whatever necessary to avoid paying court ordered child support and spousal support. In the best interest of our 2 children I need the support to provide for my children and myself. I am not sure when the real estate market will turn around. I am seeking career change to support my children and myself. At the end of the day is it in the best interest of the children to not “assist” the Mother with support? The children’s needs can’t be put on hold while the Father lives his life with little to no responsibility….Is that fair to the children?