Our office
has struggled with representing parents (often fathers) facing jail time for
failure to pay child support. While each parent has a moral and legal
obligation to financially support their children, child support court has
become a “debtor’s prison.”
We have represented parents who were homeless,
unemployed, and disabled who were each facing jail time if they did not come up
with the money for child support despite their inability to pay. However, the
parents who physically care for the child qualify for government assistance
programs like WIC and food stamps if they are financially unable to support
their families. It seems as though it would be in the best interest of everyone
involved to permit this parent to get back on his feet before requiring that
child support payments continue to be due.
Well, a new
ruling in one of our cases taken to the court of appeals seems to agree. This
is a win for parents in need of financial assistance everywhere. The ruling
essentially states that before throwing
someone in jail, the court must find that a person has the ability to
pay his or her child support after paying for their basic needs.
Simply showing that because a parent can pay for food and shelter is no longer enough to show that he is able
to pay his child support.
We look
forward to assisting clients such as these in the future. If you or your family
members have questions about your child support case please give us a call.
Read the case: Durham DSS v. Burnette; COA17-557
For more information or legal advice contact us at:
Read the case: Durham DSS v. Burnette; COA17-557
For more information or legal advice contact us at:
Kisala
Watkins Law Group, PLLC
323
E. Chapel Hill Street, Suite 203B
Durham,
NC 27701
P:
919-321-6569
Nastasia@kisalawatkins.com
We assist
clients in the following areas:
- Orange and Chatham County, North Carolina
- Chapel Hill, North Carolina
- Carrboro, North Carolina
- Hillsborough, North Carolina
- Mebane, North Carolina
- Efland, North Carolina
- Durham County, North Carolina
- RTP
- Bahama
- Rougemont
- Morrisville
- Wake County, North Carolina
- Cary, North Carolina
- Raleigh, North Carolina
*Neither Kisala
Watkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures
listed above and all pictures are posted for illustrative purposes
only. You do not become a client of Kisala Watkins Law Group, PLLC unless
you enter into a written agreement signed by you and an attorney at this firm.
Such agreement must also indicate the scope of the work that is to be done.
Correspondence by mail, fax, blog, or email does not establish an
attorney-client relationship unless a written agreement has been entered into
by both parties. Any information provided is based on the writer's
understanding of North Carolina law and a consultation is required to provide
adequate legal advice based on your situation.
**Photo
Credit: https://theblackdetour.com/myth-missing-black-father/
