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CONSTITUTIONAL RIGHT IN CHILD SUPPORT CASES

26March
2011

Should an indigent parent have a constitutional right to an attorney in a child support contempt proceeding that could result in incarceration? Michael Turner, a South Carolina father, was incarcerated numerous times, including a consecutive twelve-month sentence, for failure to pay child support. His argument, before the United States Supreme Court, is that had he been provided with counsel he would have been able to make the requisite evidentiary demonstrations and legal arguments to show that he was too poor to pay, which would have spared him from being jailed. http://www.supremecourt.gov/oral_arguments/argument_transcripts/10-10.pdf

THE INFORMATION CONTAINED HEREIN IS INTENDED AS GENERAL INFORMATION ONLY. IT IS NOT LEGAL ADVICE, NOR IS IT INTENDED TO BE RELIED UPON AS SUCH, AND IS NOT INTENDED TO ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. IF YOU HAVE A LEGAL QUESTION, PLEASE CONSULT WITH AN ATTORNEY OF YOUR CHOOSING.

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