Legal Question in Family Law in Tennessee

Debtor prisons allowed for child support

For child support debtors who are impoverished and living well below the federal poverty guidelines, is it unconstitutional to jail these indigent civil debtors for failing to pay child support? Assume they have tried to look for work but have not found any.


Asked on 2/21/01, 2:45 pm

1 Answer from Attorneys

Gregory Smith Law Office of Gregory D. Smith

Re: Debtor prisons allowed for child support

No, it is not unconstitutional to hold non-paying parents in contempt for not paying child support. This is not a "Debtor's Court" situation like England had in the 17th century. The court had some original basis for setting support in the first place. Therefore, the proper procedure is to file a petition to either lower, suspend or reduce support. If you haven't asked the court for relief, you do not have a strong basis for complaining for not geting relief. Most judges will consider your concerns. For more info, see www.gsmithlawfirm.com .

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Answered on 4/04/01, 11:27 am


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