Why do we put men in jail for being unable to pay child support?

Question

If they are truly unable to get a job to pay? Why is this not considered debters inprisonment? Do we put women in jail for not being able to pay? Is this fair? Gender discrimination?

If they aren't able to earn enough to live and pay.

Many men are imprisoned in the U.S. for being unable to pay, not unwilling.

Please cite sources if you can find them. Thank you.

Hint. Hint.

I know of three personally Object.

Why is every question presumed to be a statement? It's a question.

I was looking for your knowledge, experience, or research. If you have nothing to share. Move on to the next question please.

Answer 1

Not only is there gender discrimination in our criminal "justice" systems, there is also this ridiculous notion that punishment will solve the crime or situation. These are retributive justice systems as opposed to restorative justice systems. In a restorative justice system any parent that was lax in his or financial responsibilities toward his or her child would be helped to find a way to better manage his or her finances--by force if nec.. But in most cases, I think any parent would be relieved to be shown how to fix the problem, not to be locked up, as if being incarcerated would somehow magically net a larger income. What a world.

Answer 2

Without going into the problems of child support and the exceedingly high amounts ordered and just focusing on why parents (fathers) are jailed for non-payment is pretty simple.
The courts realize that most men have friends and family that will come to their aid and pay some or all of their arrears.

The short, simply answer is that this helps insure that fathers pay.

The jailing is not because of the debt, it is for failing to obey a judge's orders to pay a debt, which is nothing less than subterfuge to get around the illegality of jailing men for a debt.

As far as I know, at least one woman has been jailed for non-payment but it is extremely rare even though mothers who are ordered to pay are even less likely to do so than men, percentage-wise.

Is it fair? No, the entire system is unfair to all involved, especially the children and it is unfair on so many levels.

The entire supposition of putting family law (a misnomer if ever there was one) into the court system is unfair and as handled, very discriminatory.

Courts of law create an antagonistic situation where none is needed. There is no need to allow one party to divorce the children from the other party. As set up and used, it allows one of the litigants to cause the other irreparable harm needlessly.

If you want details, I' got 'em.

Answer 3

In most cases the guys not paying child support are not doing it because they can't get a job. If they aren't working they can always go back to court and get their child support reduced to fit their new income level. I know a guy who got paid under the table so his income didn't show up on any government records and he was order to pay only $15 a month. The judge said anyone could come up with that moving lawns but the guy got smart-a** about it and still wouldn't pay that amount. Deadbeat status.

Yes, a women who runs out on paying child support would get treated exactly the same way. The states don't take kindly of deadbeat parents because it always ends up costing the tax payers money. I know two women who pay child support.

Answer 4

Hi! Jennifer,
I don't have a good answer to that except to say that it is money and politics that drive our nation. We have some judges that base there rulings from their own life experience and fail to see what is going on.

I have to tell you that 13 years into my first marriage I left my family. I left with 2 black plastic garbage bags with my garments.

I, an alcoholic, couldn't even keep my business going to provide for them. Support is needed more than punishment.

Answer 5

Women who shirk their child support obligations face the same legal repercussions as men. Child support is supplemental. If you make minimum wage, it's a pittance, far less than $100 a month from what I've heard. You can always do some kind of work. It may not be a livable wage, but that's another issue for another question. Personally, I would stand on the street corner and beg everyday if it meant being able to put food in my child's mouth.

Answer 6

Unfortunately the Child Support System is truly flawed. Case in point
Man and woman gets a divorce. There are two minor children involved. At the time of the divorce the woman was attending nursing school. The man was a New York City Police Officer. They also owned a small brokerage business in the trucking industry that was going out of business quickly. The divorce quickly became ugly when the man met another woman. (they were already seperated at the time) The divorce proceeded to be drug out for over 7 years. During this time the man paid weekly child support in the amount of $250.00per week to the woman. The man could no longer afford to live on Long Island due to the loss of the business and his child support payments. He quit his job as a police officer and became an over the road truck driver. He continued to pay child support directly to the woman. The man could no longer afford an attorney and he started to represent himself. Being that he lived out of state this meant additional financial hardships to return to New York for hearings. The woman when asked about her finances stated that she made only 10 thousand dollars per year. She then further stated that the man made over 80 thousand dollars per year. Both of these statements were false. Unfortunately these statements were taken into the court records and child support was based off of these figures. She further stated that the man had not paid any money to her in the previous years on a regular basis. The courts took the woman at her word. They increased the mans child support payments to $400 per week with and additonal $100 per week in back child support arrears. ( Which the state has put at over 100 thousand dollars) The case was then moved to family court as the obligation of the divorce court (which was the criminal court in New York) was finished. When the man was informed of the outcome he immediately appealed the case in Family Court. The man brought in all of his documentation proving his income, payments to the woman etc. The Family court agreed with the man. However, Family Court can not change the ruling of criminal court. In order to have the ruling changed the man needed to get an attorney. The man contacted numerous attorneys and explained what had occured. Each attorney quoted him a starting price of over 10 thousand dollars. Of course the man did not have this kind of money to pay an attorney. When the man appealed to the criminal courts he was arrested. yes that is right arrested for failure to pay child support. Even though this entire time he had paid. At the time of his arrest the support payments were being taken directly from his paycheck and submitted to New York through his employeer. Why was he arrested you might ask. For one simple reason. The woman was at the hearing. The judge asked her what she wanted him to do. The judge said that the man was paying and even asked her isn't some money better than none. She said that she did not care he was not paying what the courts ordered him to pay therefore he was breaking the law. He was arrested.

Why do I know this story. The man in this story is my husband. He pays his ex wife half of his income. Which is what federal law states is the most that they can take from a person. Even though he pays the maximum allowed under federal law it does not cover the obligation that New York has placed on him. In order to meet the child support order he would have to give her his entire check and I would actually have to kick in money to cover the rest. The advice that the last judge gave us and that we have taken. Don't come to New York. Don't come to the hearings, Ignore any supeonas from the court. As long as you do not come to New York I will not arrest you. The judge could not change the order of anothe court however he saw that the woman was being unreasonable and spiteful. The judge has been true to his word for the past 7 years. Unfortunately because of this my husbands ex has gone a step further. She no longer allowes any contact with the children. She files harrassment charges each and everytime my husband tries to speak to the children. He can not go to New York to fight these charges because he will be arrested for the child support. So now two little boys have to grow up without their Dad all because one woman lied to the courts and they based their verdict on her lies.

Answer 7

Why do people have kids that they can't afford to provide for? I'm supposed to feel bad for some guy or woman who was thrown in prison for not taking care of his/her child(ren)?

They don't throw men or women who are making an honest effort to find employment and legitimately cannot in prison. They don't throw people who've just gotten a month or two behind in prison. They throw people who are thousands and thousands of dollars behind in payments and have gainful employment or the means to pay their debt (at least they had the means to keep up with their monthly payments if not the lump sum that they end up owing) in prison as well they should.

Of course, the system needs to be fixed to reflect extenuating circumstances but if we're just talking about a run of the mill dead beat parent, they deserve what they get.

Answer 8

Well, we WOULD put a woman in jail for not being able to pay, if the situation came up. It's just that it's very rare for a man to have custody, and for the woman to be paying child support, because most often, men make more money than women.

Also, it's a documented fact that many men (probably women too, but I'm not familiar with their case) will intentionally remain unemployed, simply to spite their ex-wives (which really only hurts the kids).

Anyone who has a court order to make regular payments needs to be making said payments, or they will have to face the consequences, regardless of gender.

If they can document that they have attempted to get a job (which is very easy to do, and is required by the unemployment office), then there should be an exemption.

Answer 9

The same law applies to men and women--there is no gender discrimination. If the parent has the ability but refuses to pay (this doesn't include those who are unable), (s)he deserves nothing less than jail. They made the baby, they need to take care of it. Also, if it comes out that the parent is hiding assets to avoid paying, then I believe there should be added jail time for that as well.

Answer 10

it's dumb!!
not only are they still not going to be able to pay, but they'll have an even harder time getting a job after getting out because they were convicted of a crime!
and if they owe teh support to the state, then not only is the state not getting paid, but they're spending money to punish the guy for not paying them! so, so stupid!