Should everyone have access to legal representation before being jailed for non-payment of child support?
Is prison time the best approach to getting deadbeat parents to pay?
The ability of judges to jail parents without a trial is possible because failure to pay child support is usually handled as a civil matter, meaning that the non-custodial parent — or the “contemnor” in legal terms — is found guilty of contempt of court and ordered to appear at a hearing.
He or she is not entitled to some constitutional protections that criminal defendants receive, including the presumption of innocence. And in five states — Florida, Georgia, Maine, South Carolina and Ohio — one of the omitted protections is the right to an attorney.