Ability-to-Pay is a Real Standard that protects you from nutty custody judges.
Today, I read yet another sad post from a father who lost a contempt hearing, on an “inability to pay” child-support hearing, because he didn’t challenge the judge’s actions properly. Judges have been so bad about failing to properly perform ability-to-pay hearings that the American Bar Association (ABA) just published a formal order educating judges on just what is required of them in these ability-to-pay hearings.
Don’t trust us, trust the American Bar Association, ABA
The ABA raised many of the issues our Ability-to-Pay Motion raises and now our Motion references the ABA order and provides it as an attachment to the motion you receive so that you can file it attached to your order. See the ABA article discussing the order at https://www.abajournal.com/news/article/ethics-opinon-490-judges-must-consider-defendants-ability-to-pay-fines-fees.
Please, I am begging you. Don’t go into these enforcement hearings blind. Get our Ability-to-Pay Defense Motion arguments. We wrote this motion to help you, to save you from financial devastation and even jail.* The motion is inexpensive. If you truly cannot afford it, contact us.
This motion is simple and easy for you to read and understand. It properly cites Supreme Court precedent which demands that courts provide you with either an attorney or with clear alternative procedures that satisfy federal due process rules, not the rules your judge makes up just to punish you. Did you receive clear alternative procedures? Were you given an attorney? We cover things like that and more.
Your State MUST Provide you with an Attorney
If the State Attorney General’s office sues you for unpaid child-support then the Supreme Court says the state MUST provide you with an attorney. Were you provided an attorney in your last contempt hearing? You have every right to demand an attorney at the state’s expense if the state uses an attorney to sue you. Your contempt orders can be overturned if they do not meet the standards the Supreme Court set in Turner.*
Please, get the motion below and learn how it can be used to help keep you out of jail. I am so very tired of seeing good loving fathers go to jail because their judge is violating their rights and the fathers just don’t know how to fight back.**
If you have been so financially damaged that you can’t even afford the tiny cost of this motion then please contact us at FixFamilyCourts.com/contact/ and very briefly tell us what you are facing and ask for a FREE copy of this motion.
I don’t want to see any more parents financially devastated, kept from their children, and jailed because of this corrupt family law system we have today. Even if you have an attorney, make them read and present the ABA article in your hearing. If you have to, tell them you will file a bar complaint for violation of fiduciary duty if they do not. This may blow them up, so if you have to threaten this, do it just before the hearing so they can’t bail on you before the hearing happens.
Don’t let them tell you this doesn’t in family law because it absolutely does. The order addresses Turner which was a Supreme Court case on appeal from a child custody support contempt order where the Supreme Court provided the rules that child custody judges MUST follow. Few attorneys ever use this case because so many attorneys don’t want the child suppport money train to end. They are willing to watch you go to jail rather than give up that income to them.
Ability-to-Pay Defense – Child-Support
Keep your money!
Have a great response when the judge says you are just another deadbead
**Loving mothers also go to jail for nonpayment of child support.