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‘Deadbeat’ parents caught in a debtor’s prison |
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Posted by salaamallah@hotmail.com on Sat Jan 29 19:02:42 2011 ‘Deadbeat’ parents caught in a debtor’s prisonThe Atlanta Journal-Constitution January 24, 2011 On any given day, hundreds of Georgians are in jail for failing to pay child support. Family law attorneys say many of these “deadbeats” are right where they belong. They have been found in willful contempt of court for repeatedly refusing to pay their child support, failing to try to find work or hiding their income and assets. But many parents are being jailed even though they have no ability to pay, creating modern-day debtor’s prisons, according to motions being filed in Georgia courts. The state should provide lawyers to indigent parents for their civil-contempt hearings to ensure due process, the filings say. Leah Ward Sears, former chief justice of the Georgia Supreme Court, spells out the complexity of the issue. |
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Posted by salaamallah@hotmail.com on Sat Jan 29 19:08:59 2011, in response to ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 19:02:42 2011. Jail for child support debt questionedVeteran's detention called unconstitutional; about 500 others held in Georgia for non-support The Atlanta Journal-Constitution 3:52 p.m. Wednesday, December 15, 2010 When Randy Miller lost his job at AT&T last year, he used money from odd jobs and his tax refunds to try and keep up with his child support payments. But eventually the money ran out. With only 39 cents in the bank, the destitute Marietta war veteran was jailed recently for failing to pay support for his 16-year-old daughter. Miller's lawyer is now seeking to get Miller released, saying that both the U.S. Supreme Court and the Georgia Supreme Court have ruled that judges cannot incarcerate someone if they are unable to pay their court-ordered financial obligations, such as fines or child support. "Here is someone who for the vast majority of his adult life served his country in the military and kept up with his child support payments," Sarah Geraghty, a lawyer with the Southern Center for Human Rights, said. "But then he fell upon hard times and fell behind in his payments, and the state's response is to send him to jail." Doug Slade, a Rome attorney who represents the state Office of Child Support Services, said Miller is incarcerated for failing to comply with a court order requiring him to pay child support, with the option to serve time in a work-release center. "A lot of times the focus is on the parent who goes to jail and too often it's the children who go unnoticed," Slade said. "Our job is to seek to take care of the best interests of the child. It seems people are often more concerned about the parent who has the ability to work but is not and consequently is not taking care of the child." Miller is one of many indigent parents sitting in Georgia detention facilities because they are too poor to make full child support payments, Geraghty said, citing the bad economy. They are often jailed on civil contempt charges and not provided attorneys to represent them, she said. According to Open Records Act requests filed with county sheriffs by the Southern Center, at least 500 parents are incarcerated statewide on any given day for being unable to pay court-ordered child support. Last year, Geraghty obtained the release of a man jailed for more than a year in Cook County for being too poor to pay child support even though the judge and a state attorney knew the man was not the boy's father. In Miller's case, she said, "he did not willfully fail to pay what he owed; he was simply too poor to do so." An exhibit attached to the petition for his release shows that as of Dec. 6, Miller had 39 cents in his bank account. Slade said sending someone to jail is a last resort. He acknowledged that the courts have ruled that judges may not incarcerate someone on a civil contempt charge if they lack the ability to pay. But there is an exception under state law, he said, that allows judges to send inmates to work-release centers so they can work jobs during the day and sleep at the centers at night. Slade, who has handled hundreds of child support cases, estimated that the majority of inmates pick jail when given the option of serving time in jail or being allowed to find a job at a work-release center so they can make partial child support payments. "It's so frustrating," he said. Miller, 39, chose the work-release option and is now serving a sentence of up to 120 days at a diversion center in Floyd County, where his daughter and her mother reside. He was in the military from 1991 to 2005 and completed three assignments overseas, including a 14-month deployment to Iraq, according to court records. For most of the past 15 years, he consistently made his child support payments, court records show. While he worked at AT&T as a service technician, for example, Miller's $452 monthly child support payment was deducted from his paychecks. But in July 2009, Miller lost his job. He tried to start a pressure-washing business, but it failed. His financial situation steadily worsened to the point where he could not make his mortgage payments or pay the utilities on his Marietta home. In October, Miller lost the house to foreclosure. Since he lost his job, Miller made partial child support payments totaling more than $2,600, court records show. On Nov. 11, Miller found a job with a company that pays employees to assemble furniture bought by customers of local department stores. But four days later, he was ordered to appear in court to face contempt charges for being behind in his child support. Miller was ordered to either pay $3,000 or spend up to 120 days in confinement. He had no choice but to pick the latter, Geraghty said. At the work-release center, he must use his wages to pay $140 a week for room and board and $135 a week in child support. Miller has been working only a few days a week at his assembling job because there is not enough full-time work. Geraghty said he is not making enough now to make child-support payments and he is looking for a second job. |
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Posted by bingbong on Sat Jan 29 19:14:48 2011, in response to ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 19:02:42 2011. If there's hidden assets, they should be seized, liquidated and paid to the custodial parent on behalf of the child. Any punitive action should be handled with thought given to the need to continue support payment for the child's benefit (like weekends in jail if a parent is employed) If there isn't, something needs to be done to ensure these parents can support their children, and supervise them until they are doing so consistently. Like a jobs program. What do they think the chances are of getting something like that through republican governance? |
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Posted by salaamallah@hotmail.com on Sat Jan 29 19:17:05 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by bingbong on Sat Jan 29 19:14:48 2011. what if you dont have any ''hidden assets'' ??and what if there are no jobs and you cant find one ? |
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Posted by bingbong on Sat Jan 29 19:31:02 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 19:17:05 2011. First, someone in that position shouldn't be held criminally liable. They should be brought into a jobs program where some of their income can be withheld to ensure support payment is made,and otherwise assisted to get on their feet financially,in a job and connected with their children. However, such necessary programs are political footballs and with what we have passing for government in most places isn't going to support such programs(kicking them aside at best) to get people on their feet and the children properly cared for. Instead, we get more welfare, more poverty and that's what the kids grow up learning. I'm sure you know the rest. |
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Posted by salaamallah@hotmail.com on Sat Jan 29 19:33:46 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by bingbong on Sat Jan 29 19:31:02 2011. there are no job programs in georgia just unemployment on the risethe c.e.t.a. jobs programs ended back in the late 1970s and is over with and gone forever instead people are thrown in jail with no work when they get out and thier problem is made WORSE |
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Posted by bingbong on Sat Jan 29 19:45:43 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 19:33:46 2011. Welcome to the south.....makes Dickensian England look humane. |
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Posted by salaamallah@hotmail.com on Sat Jan 29 19:46:08 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by bingbong on Sat Jan 29 19:45:43 2011. yep |
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Posted by Dave on Sat Jan 29 21:53:04 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 19:33:46 2011. ** there are no job programs in georgia just unemployment on the rise **Wrong as usual, which is what we expect from you: http://www.elance.com/p/news/2010/11/georgias-job-program-putting-people-to-work.html http://www.suite101.com/content/georgia-work-ready-and-georgia-workon-the-job-training-programs-a295232 |
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Posted by salaamallah@hotmail.com on Sat Jan 29 22:14:58 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Dave on Sat Jan 29 21:53:04 2011. does not gaurantee job placement and do they have enough jobs set aside for parents who owe child supportsomething we do not expect you to know |
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Posted by f179dj on Sat Jan 29 22:15:37 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 19:33:46 2011. Ah, yes, CETA. My initial bus operator job at NYCTA (1977) was CETA funded; have not heard that term in a long time. |
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Posted by salaamallah@hotmail.com on Sat Jan 29 22:16:19 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by f179dj on Sat Jan 29 22:15:37 2011. this program needs to come back |
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Posted by AMoreira81 on Sat Jan 29 22:18:46 2011, in response to ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 19:02:42 2011. Hardly! They ended up like that because they didn't try to keep close to current...and now they're complaining? If there is truly a hardship and someone is making a good effort to keep current, it should be brought to the court's attention. |
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Posted by Fred G on Sat Jan 29 22:19:10 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 22:14:58 2011. No but there is a jobs program in GA, not like there's nothing.your pal, Fred |
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Posted by salaamallah@hotmail.com on Sat Jan 29 22:19:54 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by AMoreira81 on Sat Jan 29 22:18:46 2011. in todays job market ? come on man ! |
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Posted by salaamallah@hotmail.com on Sat Jan 29 22:20:55 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Fred G on Sat Jan 29 22:19:10 2011. placement included ? |
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Posted by AMoreira81 on Sat Jan 29 22:23:31 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Fred G on Sat Jan 29 22:19:10 2011. Plus, there has to be some laziness involved (i.e., intentional indolence). I have a hard time drumming up sympathy. |
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Posted by salaamallah@hotmail.com on Sat Jan 29 22:24:59 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by AMoreira81 on Sat Jan 29 22:23:31 2011. you assume all deadbeats are not just dead broke thru no fault of thier own |
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Posted by Fred G on Sat Jan 29 22:25:58 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 22:20:55 2011. The jobs program is a sufficient gesture on the part of the taxpayer. The rest is up to the individual.your pal, Fred |
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Posted by salaamallah@hotmail.com on Sat Jan 29 22:27:00 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Fred G on Sat Jan 29 22:25:58 2011. gauranteed employment ?in todays broke market |
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Posted by salaamallah@hotmail.com on Sat Jan 29 22:27:01 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Fred G on Sat Jan 29 22:25:58 2011. gauranteed employment ?in todays broke market |
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Posted by Fred G on Sat Jan 29 22:28:46 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 22:27:01 2011. There's no such thing as guaranteed employment for anyone. Shoulda kept it in his pants.your pal, Fred |
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Posted by salaamallah@hotmail.com on Sat Jan 29 22:29:22 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Fred G on Sat Jan 29 22:28:46 2011. hell it takes 2 |
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Posted by Fred G on Sat Jan 29 22:32:40 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 22:29:22 2011. It's 2011, there's been enough education on the subject over the years. They even give condoms away for free. Somebody just needs to start paying attention.your pal, Fred |
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Posted by salaamallah@hotmail.com on Sat Jan 29 22:35:00 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Fred G on Sat Jan 29 22:32:40 2011. my only gripe is for those who thru no fault of thier own cant make child support payments and then they have have to go to jail / prison ? thru no fault of thier own in todays broke job market !!!somehow this is not fair to me. |
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Posted by Fred G on Sat Jan 29 22:40:45 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 22:35:00 2011. Yeah I know, shit happens and some people have misfortune but that doesn't seem to be the majority of child support neglect cases. We're all getting hard hearted over this because it's a recurring theme over and over again. I disagree with putting a guy in jail because there's no way anyone pays their bills from jail. Better to give the guy a broom or a mop and have him sweep up to pay down his debt. Or whatever work is available that he can do.your pal, Fred |
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Posted by salaamallah@hotmail.com on Sat Jan 29 22:42:54 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Fred G on Sat Jan 29 22:40:45 2011. if a child support paying parent could find work that pays enough money they would do ittoo many fall between the cracks thru no fault of thier own which is my point not the ones who duck thier responsibility deliberately |
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Posted by Fred G on Sat Jan 29 22:48:54 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 22:42:54 2011. Right and I agree with the overall point that if a guy is trying then there's no need to toss him in jail.your pal, Fred |
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Posted by salaamallah@hotmail.com on Sat Jan 29 22:50:07 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Fred G on Sat Jan 29 22:48:54 2011. that was my whole point in the 1st placesigh |
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Posted by Fred G on Sat Jan 29 22:53:52 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 22:50:07 2011. Yeah but there has to be something to act as a deterrent because people aren't understanding the message of birth control.your pal, Fred |
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Posted by salaamallah@hotmail.com on Sat Jan 29 23:00:41 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Fred G on Sat Jan 29 22:53:52 2011. accidents do happen even with birth control ..........lolsmile |
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Posted by Fred G on Sat Jan 29 23:12:32 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 23:00:41 2011. I know but the volume of cases that go through the system are a lot more than just some "accidents".your pal, Fred |
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Posted by Easy on Sun Jan 30 00:16:45 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 22:35:00 2011. The people that get sent to jail are habitual and will always have an excuse and nothing is ever their fault yet. We have to protect the kids not the deadbeats. |
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Posted by salaamallah@hotmail.com on Sun Jan 30 01:36:26 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Easy on Sun Jan 30 00:16:45 2011. even if they are homeless |
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Posted by salaamallah@hotmail.com on Sun Jan 30 01:37:33 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Fred G on Sat Jan 29 23:12:32 2011. even if they are homelessmake them pay too |
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Posted by Easy on Sun Jan 30 01:40:04 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sat Jan 29 22:24:59 2011. and the people that have money but lie to the courtsthey should get a free pass |
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Posted by Easy on Sun Jan 30 01:41:09 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sun Jan 30 01:37:33 2011. and the ones that have moneysay that they cant get a job screw the kids...oh well |
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Posted by salaamallah@hotmail.com on Sun Jan 30 01:44:19 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Easy on Sun Jan 30 01:40:04 2011. you assume that everyone does that |
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Posted by salaamallah@hotmail.com on Sun Jan 30 01:45:13 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Easy on Sun Jan 30 01:41:09 2011. i am not talking about themi am talking about the homeless |
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Posted by Easy on Sun Jan 30 01:50:33 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sun Jan 30 01:44:19 2011. you assume that no one does |
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Posted by Easy on Sun Jan 30 01:52:13 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sun Jan 30 01:45:13 2011. why are you talking about the homelesswhy not talk about the kids whose parents refuse to take care of them |
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Posted by salaamallah@hotmail.com on Sun Jan 30 01:53:39 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Easy on Sun Jan 30 01:50:33 2011. i did never say no one |
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Posted by salaamallah@hotmail.com on Sun Jan 30 01:54:58 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Easy on Sun Jan 30 01:52:13 2011. i know of cases of homeless parents who can not afford child supporthell they cant even put a roof over thier own heads |
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Posted by Easy on Sun Jan 30 01:54:58 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sun Jan 30 01:53:39 2011. did i say everyone |
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Posted by Easy on Sun Jan 30 01:56:40 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sun Jan 30 01:54:58 2011. And are they in jail? |
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Posted by salaamallah@hotmail.com on Sun Jan 30 01:57:34 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Easy on Sun Jan 30 01:56:40 2011. yep |
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Posted by salaamallah@hotmail.com on Sun Jan 30 01:58:02 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Easy on Sun Jan 30 01:54:58 2011. ok i misunderstood you |
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Posted by Easy on Sun Jan 30 01:59:58 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sun Jan 30 01:57:34 2011. Are you saying that you know homeless people that were sent to jail for not paying child support? |
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Posted by salaamallah@hotmail.com on Sun Jan 30 02:06:36 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by Easy on Sun Jan 30 01:59:58 2011. yes i know of this going on |
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Posted by Easy on Sun Jan 30 02:16:17 2011, in response to Re: ‘Deadbeat’ parents caught in a debtor’s prison, posted by salaamallah@hotmail.com on Sun Jan 30 02:06:36 2011. Are they bums like the men in the article that you posted? When given the choice to either try and find work or go to jail, are they choosing jail?Slade, who has handled hundreds of child support cases, estimated that the majority of inmates pick jail when given the option of serving time in jail or being allowed to find a job at a work-release center so they can make partial child support payments. "It's so frustrating," he said. |
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