How can family court law bypass what should be my rights under the constitution?

Asked 12 months ago - Columbia, SC

What right does a family court have to jail someone who doesn't pay child support? Just because they issue a warrant that doesn't mean it's right? Right to a trial of my peers? Jailed for failure to pay a debt?

Attorney answers (4)

  1. Robert H. Hanaford

    Pro

    Contributor Level 12

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    Lawyers agree

    Answered . You were actually jailed for violating a court order that you pay a debt due your children. There is no trial of your peers since there are no jury trials for domestic relation cases and specifically there are no trials by your peers for violating a court order.

    It may be that you were wrongfully jailed and you should contact a domestic relations attorney. I included a link for the bar association which has a referral service or a better option may be to contact a lawyer from SC that posts to this site. Good luck.

  2. Robert Jason De Groot

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . Support obligations are subject to the contempt powers of the court. You were jailed for violating a court order. You are not entitled to a jury trial. This issue is not easy to explain, but when you fail to pay court ordered support, you can be jailed, not for the debt, but for failing to obey the court.

    R. Jason de Groot, Esq.,
  3. Todd Michael Mosser

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . Agree with the foregoing responses, you are subject to jail time when you disobey a court order, such as an order for child support.

  4. Thomas J. Wagner

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Jailing someone for contempt for violating a support order by failing to pay child support is constitutional, because in theory, you have the keys to your own jail cell. All you have to do to be released is pay back support.

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