Daily Archives: February 2, 2015

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Child Support and Debtor's Prisons

Child Support and Debtor’s Prisons

A friend of mine asked me the other day which type of cases I found most emotionally draining. I had to think about it for a minute, but I eventually came to the conclusion that while termination cases can be heart wrenching at times, and divorces can be full of drama, it was my experiences in IV-D (Child support) court trying to defend against enforcement actions that often were the most DIFFICULT for me emotionally. The reason for this is twofold: First, there is the lack of defense. Believe it or not, I chose to be a lawyer because I want to help people with their problems, and finding defenses for clients defending against the state in child support actions basically amounts to begging for leniency most of the time. That is not to say that it isn’t successful, but the best defenses are somewhat based around the idea that sending people to jail rarely gathers more money, so therefore its best to leave people in the free so that they can work. The actual statutory defense of “inability to pay”, which is the actual reason 99 percent of people aren’t paying, is virtually impossible to prove as an affirmative defense […]