Justice Delayed in Child Support Cases Involving Incarcerated Parents

The Florida Supreme Court’s decision in the case of Dept of Revenue v. Jackson has created a situation where incarcerated parents can’t get their child support payments reduced while they’re in prison. This is unfair to the children who are supposed to receive the support. This article talks about the debate over whether parents in prison should be able to lower or stop their child support payments, and the Supreme Court’s decision to delay a final ruling on the issue. In a case called Waskin v. Waskin, the father asked for less child support because he lost his job and couldn’t pay. The court denied his request because he caused his own financial problems and didn’t try to find another job. Then, in Waugh v. Waugh, a different court said that an incarcerated parent doesn’t have to pay as much child support if they can’t earn that amount. They disagreed with the first court’s decision. The Fifth District Court of Appeal in Florida reversed a trial court’s decision to impute income to a father who was about to be incarcerated and had limited ability to pay child support. They followed the Second District’s analysis in a previous case and ruled that imputation of income was not allowed without proof of a present ability to pay. This decision conflicted with a ruling from the Third District Court of Appeal, which allowed for a reduction or suspension of child support payments for an incarcerated parent. The Fourth District Court of Appeal also ruled in favor of not reducing child support for an incarcerated parent, stating that they should not benefit from their own wrongdoing. This issue has caused two different opinions in different states. Some places say that if a parent who owes child support is in jail and can’t pay because they have no money, then they shouldn’t have to pay. But that means the child who needs support is being treated unfairly. It’s like they’re being punished for something their parent did wrong. It doesn’t seem fair to the child. Some states refuse to reduce child support for parents in jail because of the “clean hands doctrine,” which means relief is denied to those who have acted improperly. The purpose of child support laws is to be fair and promote the best interest of the child. Even if a parent is in jail and can’t pay, the unpaid support payments will still accumulate until they can afford to pay. Some courts have denied relief to parents in jail who can’t pay child support due to their own actions, while others have granted relief. This conflict was eventually resolved by the Florida Supreme Court. In 2003, the Florida Supreme Court dealt with a disagreement between two districts in a case involving fathers in jail who were ordered to pay child support. Both fathers had been jailed for reasons unrelated to their child support. One district agreed to suspend their support payments, but the other district disagreed. The Supreme Court had to sort out the conflict. The issue was whether a parent in jail can change or stop their child support payments. The Supreme Court said that the child’s needs for support are more important than the parent’s problems because of being in jail. They decided that the request to change the payments should be put on hold until the parent is out of jail. The court also said that the missed payments are still owed to the child and will need to be paid when the parent is out of jail. The Jackson case dealt with whether an incarcerated parent should be able to reduce their child support payments. The court said that the support payments should not be reduced, but could be changed. Justice Wells thought the existing procedures were enough, while Justice Pariente thought the judge should decide when the request is filed. Justice Harding thought the change in circumstances should be considered, and if it was voluntary, the request should be denied. The decision raises questions about fairness and how long a child should have to wait for the payments to be changed. In Florida, the issue of whether an incarcerated parent can change or stop paying child support has been a hot topic. The court’s decision has put the needs of the children at risk, as it created a special rule for children of incarcerated parents. This rule allows the support payments to be stopped during the parent’s time in prison. This goes against the long-standing law that requires a substantial change in circumstances to modify child support. It is important for the Supreme Court to reconsider and apply the law correctly in these cases.

Source: https://www.floridabar.org/the-florida-bar-journal/justice-delayed-in-child-support-cases-involving-incarcerated-parents/