4 ms·

I was once sitting in a courtroom for something unrelated and saw a 19 year old kid go to jail for 3 months for not paying child support. Not sure how he's goin

I was once sitting in a courtroom for something unrelated and saw a 19 year old kid go to jail for 3 months for not paying child support. Not sure how he's going to pay it back in there, but if all you have is a hammer...

Tomte 8y ago
That's certainly not the first remedy that the court has taken. But say, if he hadn't been sent to prison, would he have paid child support then? We all don't know, but I strongly suspect no, and I strongly suspect the court has more than just my suspicions and calibrated its reaction accordingly.
- coldtea 8y ago
  >But say, if he hadn't been sent to prison, would he have paid child support then? The amount could have been ordered to be taken from his bank account, or confiscated from his salary directly from his employer or payment system, or taken from his property. There's absolutely nothing that necessitates that he is sent to prison if he merely can't pay. Only if he has money and doesn't pay (and that after accounting for his food and rent expenses at a nominal minimal fee), or hides money that he could have used to pay.
  - kittiepryde 8y ago
    I think it would be an interesting choice, that if you're sent to jail for lack of payment towards child support ( or any other debt ), the government pays your debt up to the point you get out.
    - cazum 8y ago
      This would have the unintended consequence of poor people voluntarily going to prison as a means of payment. The social implications of this would be devistating. class stratification is already a major issue in the country. The last thing we need is literal debtors prison. Market solutions and the Justice system rarely intersect, and this is certainly an area where they should not.
  - pixl97 8y ago
    Smith County Texas will eventually get sued for this for indefinite imprisonment. There have been a few cases there where they put people in jail for 'contempt of court' for not paying child support. They throw the person in jail, then as that date comes up they demand the person pay further due child support, and keep said person in jail, but since it's a new charge they can keep doing it again and again and again.
  - pseingatl 8y ago
    Child support can be based on imputed income. Where income is imputed, it does not exist, e.g., you do not have to pay tax on imputed dollars because they don't exist. So there are no bank accounts to seize because they cannot contain imputed dollars. If a person doesn't have a W-2 salary, there is nothing to garnish. In these cases, courts can and do order the debtor to prison.
    - coldtea 8y ago
      >In these cases, courts can and do order the debtor to prison. Well, in these cases, courts shouldn't and mustn't do it. If the law says that, it's a bad law.
jcadam 8y ago
Debtors' prisons are technically illegal. But... yea.
nradov 8y ago
Was he really sent to jail for not paying child support, or was it actually for contempt of court? People generally can't be jailed for debt. But if the subject of a child support order has money and refuses to may, or refuses to take reasonable steps to earn some income, then sometimes the judge has to administer an object lesson on the importance of fulfilling one's obligations. Judges usually don't take that step unless the defendant has demonstrated a long history of irresponsible behavior.
- shadowbannedtoo 8y ago
  It needs to stop. There are guys committing suicide over Child Support payments. The way they figure Child Support payments is crazy. Catch a judge on a bad day, and you just might end in jail. I never thought America would turn into such a mess. Look up what Dave Foley (actor/comedian) has been through. If you're young, and slightly good looking, or have something they might want; get a vasectomy. I get hammered for this next statement, but why aren't guys allowed a say over whether a female has an abortion? Yes-----give it to me. I just think in some cases, like one night stands, a guy should have some say. If shouldn't have to be a mistake you have to carry forever, especially if you don't have a particularly bright employment future.
- headcanon 8y ago
  It was awhile ago so I don't remember correctly, but you might be right. I just remember thinking this was rooted in the debt he had to pay, and removing his ability to pay the debt, while ostensibly serving to teach him a lesson, didn't seem constructive. Perhaps it was the correct thing to do, perhaps not, it just seemed sad.

Tomte 8y ago

That's certainly not the first remedy that the court has taken. But say, if he hadn't been sent to prison, would he have paid child support then? We all don't know, but I strongly suspect no, and I strongly suspect the court has more than just my suspicions and calibrated its reaction accordingly.

coldtea 8y ago
>But say, if he hadn't been sent to prison, would he have paid child support then? The amount could have been ordered to be taken from his bank account, or confiscated from his salary directly from his employer or payment system, or taken from his property. There's absolutely nothing that necessitates that he is sent to prison if he merely can't pay. Only if he has money and doesn't pay (and that after accounting for his food and rent expenses at a nominal minimal fee), or hides money that he could have used to pay.
- kittiepryde 8y ago
  I think it would be an interesting choice, that if you're sent to jail for lack of payment towards child support ( or any other debt ), the government pays your debt up to the point you get out.
  - cazum 8y ago
    This would have the unintended consequence of poor people voluntarily going to prison as a means of payment. The social implications of this would be devistating. class stratification is already a major issue in the country. The last thing we need is literal debtors prison. Market solutions and the Justice system rarely intersect, and this is certainly an area where they should not.
- pixl97 8y ago
  Smith County Texas will eventually get sued for this for indefinite imprisonment. There have been a few cases there where they put people in jail for 'contempt of court' for not paying child support. They throw the person in jail, then as that date comes up they demand the person pay further due child support, and keep said person in jail, but since it's a new charge they can keep doing it again and again and again.
- pseingatl 8y ago
  Child support can be based on imputed income. Where income is imputed, it does not exist, e.g., you do not have to pay tax on imputed dollars because they don't exist. So there are no bank accounts to seize because they cannot contain imputed dollars. If a person doesn't have a W-2 salary, there is nothing to garnish. In these cases, courts can and do order the debtor to prison.
  - coldtea 8y ago
    >In these cases, courts can and do order the debtor to prison. Well, in these cases, courts shouldn't and mustn't do it. If the law says that, it's a bad law.

jcadam 8y ago

Debtors' prisons are technically illegal. But... yea.

nradov 8y ago

Was he really sent to jail for not paying child support, or was it actually for contempt of court? People generally can't be jailed for debt. But if the subject of a child support order has money and refuses to may, or refuses to take reasonable steps to earn some income, then sometimes the judge has to administer an object lesson on the importance of fulfilling one's obligations. Judges usually don't take that step unless the defendant has demonstrated a long history of irresponsible behavior.

shadowbannedtoo 8y ago
It needs to stop. There are guys committing suicide over Child Support payments. The way they figure Child Support payments is crazy. Catch a judge on a bad day, and you just might end in jail. I never thought America would turn into such a mess. Look up what Dave Foley (actor/comedian) has been through. If you're young, and slightly good looking, or have something they might want; get a vasectomy. I get hammered for this next statement, but why aren't guys allowed a say over whether a female has an abortion? Yes-----give it to me. I just think in some cases, like one night stands, a guy should have some say. If shouldn't have to be a mistake you have to carry forever, especially if you don't have a particularly bright employment future.
headcanon 8y ago
It was awhile ago so I don't remember correctly, but you might be right. I just remember thinking this was rooted in the debt he had to pay, and removing his ability to pay the debt, while ostensibly serving to teach him a lesson, didn't seem constructive. Perhaps it was the correct thing to do, perhaps not, it just seemed sad.