In 1950 child support became law. Every since then it has been down hill for men and they have complained about the unfair treatment that they received. Proof of the injustice can still be seen in Tennessee as the number of non-biological fathers being jailed continues to grow. Fathers around the country outraged at the unfair treatment took their complaints to capitol hill just to have the system slam the doors in their faces.
Picture for a moment a 39 year old war vet who returned from the battlefield and worked hard day and night to support his family. The war vet managed to pay his court ordered child support on time for well over a decade. The economy rapidly began to decline and Americas war hero found himself unemployed and struggling to find little odd jobs.
After serving his country our war hero found himself needing an attorney and could not afford one. He did the only thing that he could - he requested a public defender. You would think that everyone no matter the situation was entitled to legal council right? Most people believe that they are entitle to a public defender if they could not afford one, however this man was denied that basic right and was jailed for three months.
After several thousands of dollars and months of research I verified what I thought was the truth. Federal law clearly stipulates that the non-custodial parent must have "willingly violated" a court order before he or she can be incarcerated. 90% of child support cases that exist in the US were court ordered and handed down by a judge. The keyword is "willingly violated." In this particular case it is easy to see that this war hero did not "willingly violate" a court order to make payments.
The mere fact that he was jailed is an illegal action known as debtors prison. This type of action was outlawed in the United States back in the 1800?s, and amazingly enough it is still happening all across the nation. In fact as you are reading this noncustodial men and women across America are being wrongfully jailed.
You may be wondering how can such an injustice be possible? Well, the answer may shock you. The ability of judges to jail you without a trial is possible because the failure to pay your child support is handled as a civil matter. Put simply this means that the noncustodial parent is not entitled to some constitutional protections that criminal defendants receive, including the presumption of innocence.
Many noncustodial parents fought this injustice all the way to the Supreme Court. The Supreme Court ruled 5 to 4 that financially challenged parents are not entitled to court-appointed lawyers when facing jail for non-payment of child support.
In a recent media blitz the Southern Center for Human Rights stated that the problem is with the courts. Studies have shown that the courts tend to order poor parents to pay way too much for child support. The courts decision does nothing but increase the likelihood that parents will fall behind on their payments.
At the end of the day the best solution to the problem is to educate those that fine themselves having to deal with child support. This site was created to educate parents on what is really going on in the child support system and to help them avoid becoming a victim of the system.
Picture for a moment a 39 year old war vet who returned from the battlefield and worked hard day and night to support his family. The war vet managed to pay his court ordered child support on time for well over a decade. The economy rapidly began to decline and Americas war hero found himself unemployed and struggling to find little odd jobs.
After serving his country our war hero found himself needing an attorney and could not afford one. He did the only thing that he could - he requested a public defender. You would think that everyone no matter the situation was entitled to legal council right? Most people believe that they are entitle to a public defender if they could not afford one, however this man was denied that basic right and was jailed for three months.
After several thousands of dollars and months of research I verified what I thought was the truth. Federal law clearly stipulates that the non-custodial parent must have "willingly violated" a court order before he or she can be incarcerated. 90% of child support cases that exist in the US were court ordered and handed down by a judge. The keyword is "willingly violated." In this particular case it is easy to see that this war hero did not "willingly violate" a court order to make payments.
The mere fact that he was jailed is an illegal action known as debtors prison. This type of action was outlawed in the United States back in the 1800?s, and amazingly enough it is still happening all across the nation. In fact as you are reading this noncustodial men and women across America are being wrongfully jailed.
You may be wondering how can such an injustice be possible? Well, the answer may shock you. The ability of judges to jail you without a trial is possible because the failure to pay your child support is handled as a civil matter. Put simply this means that the noncustodial parent is not entitled to some constitutional protections that criminal defendants receive, including the presumption of innocence.
Many noncustodial parents fought this injustice all the way to the Supreme Court. The Supreme Court ruled 5 to 4 that financially challenged parents are not entitled to court-appointed lawyers when facing jail for non-payment of child support.
In a recent media blitz the Southern Center for Human Rights stated that the problem is with the courts. Studies have shown that the courts tend to order poor parents to pay way too much for child support. The courts decision does nothing but increase the likelihood that parents will fall behind on their payments.
At the end of the day the best solution to the problem is to educate those that fine themselves having to deal with child support. This site was created to educate parents on what is really going on in the child support system and to help them avoid becoming a victim of the system.
Check out the resources on the various TN child support rights, laws and guidelines located on our site. We have many resources that can help you better understand child support laws just take your time and look around.
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