Family Law Blog

Parents Who Owe Child Support Need Counsel, But It’s Not the Court’s Responsibility

By Denver Divorce Lawyer on September 22, 2010

There are a number of decisions that need to be made during any child custody case, with child support payments usually being chief among them. Unfortunately, while the well being of the child is of the utmost of concern to both parents, the payment arrangements do not always translate into smooth economic transactions, with many parents unable to fulfill their court mandated duties. According to The Legal Intelligencer, the Supreme Court recently overruled a decision made by Pennsylvania’s Berks County Common Pleas Court to allow the court to provide counsel to parents facing jail time for not making child support payments, a decision which means that parents who are indigent may be taken into custody for failure to make their child support payments.

According to the article, the decision had initially been made by Berks County Court after a petition filed with the court in 2009 argued that indignant parents who were not provided counsel had their due process rights under the 14th Amendment violated. The failure to provide legal counsel was also cited as a violation under Article I of the Pennsylvania Constitution. However, the Supreme Court declared that legal counsel does not need to be provided to indignant parents, particularly since these parents face jail time as a result of ignoring mandatory court appearances and are therefore aware of their rights. Counsel arguing on behalf of the petitioners made the claim that the petitioners were never informed of their right to counsel during hearings to address their indignant actions.

Despite the country’s economic downturn, child support payments are still a necessary part of the divorce process if children are involved. For more information about child support payments in Colorado, contact the experienced Denver family law attorneys at Kaplan Law, LLC today. Please call us today at 1-877-527-5206.