What is extremely disconcerting is the federal policy that is in play which will allow the States to intercept Social Security to pay child support. This opinion may be short lived as a stare decisis.
It must be noted that SCOTUS has conversely opined on similar position on poverty and child support obligation. Indigent parents in child support cases are not eligible for court appointed attorneys.
It is time we recognize that the high number of incarcerated non-violent criminals are in prison because they are poor, non-custodial parents. Just part of Michigan family values: a federally funded operation.
When you cannot find a job or are disabled, you can go to prison for non-payment of child support. Not only do the people of the state pay for the incarceration, it leaves a child without a parent. When that parent is released with a felony record, the likelihood of finding a job to pay child support is almost impossible, leaving the parent to await the next prison sentence.
Michigan Supreme Court clarifies child support ruling
In a clarification of state law governing child support, the Michigan Supreme Court said that parents criminally charged with failure to pay child support should be allowed to argue in court that their support payments are impossible to meet.
In an opinion issued Tuesday, a 4-3 vote along party lines, the court ordered a new trial for Selesa Likine, who was found guilty on Nov. 18, 2008, in Oakland County Circuit Court of failure to pay child support for three children.
According to court documents, Likine paid only part of the payments due from February 2005 to March 2008, claiming that she was unemployed and disabled with schizoaffective disorder and major depressive disorder.
Her support payments that she had been ordered to pay since 2003, jumped from $181 a month to $1,131 a month when the Friend of Court calculated the new payments based on money she received from a real estate transaction. The payment was later lowered. Likine now pays $25 a month.
Because of the trial court's ruling, Likine was not allowed to tell the jury that she had been unemployed since September 2005 and receiving Social Security payments because of her mental illness. She was convicted and sentenced to the 43 days in jail, the time she had already served.
The penalty for a conviction is up to four years in prison and/or a fine of not more than $2,000.
It will be up to state Attorney General Bill Schuette whether he wants to retry Likine or drop the charges. The charges against her were brought under his predecessor Mike Cox.
Randy Wood, spokesman for the Michigan Attorney General's Child Support Division, said, "Our office is currently reviewing the Supreme Court decision and once we review the decision we'll decide what course of action to take."
David Moran, of the University of Michigan law school's Innocence Clinic and one of the attorneys who represented Likine, said, "We're pleased that they reversed Selesa's conviction. We do not agree with the standard that was set."
He said, "You have to show it's impossible to pay, which is a much stronger standard than 'I can't pay.' "
Michigan Supreme Court Opinion on Child Support and Poverty Voting is beautiful, be beautiful ~ vote.©
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