The loss of a job, or a serious decline in personal income can put a great deal of stress on a family. When a family breaks up or divorces the most common reasons are are Infidelity, claims of abuse, or financial circumstances.
With the economy tanking courts must address how divorcing parents will care for their kids. This is a challenging task, especially for Dads who are now trying to build their lives anew again, and moms who once relied on a husband to pay for the needs of children and the household.
The law gets sticky when unemployment comes into play, courts often require Dads to show proof that they are looking for work, and if those Dads are self employed than things get even more complex.
A divorced Dad with a business can have an "earning capacity order" that earning capacity is based on the testimony of witnesses and business records produced to the court as evidence of income potential. Once an order is established, and a weekly payment is set failure to pay can result in incarceration by way of contempt of court.
While there officially is no such thing as Debtors prison in America, "Contempt of court" is the equivalent of imprisonment at the will and discretion of any judge.
Recently a man was sentenced to jail for six months under this rule, for yawning in court.Once a court puts an order in place it expects that order to be obeyed. Even though an order based on an "Earning Capacity" is theoretical and not indicative of any present day facts, the court does not take the position of hearing excuses after the fact. The rule is simple, your business is expected to earn "X$" a month and if "X$" is not paid than a deadline is usually issued on Dad who must find the money or face being jailed.
With the time it takes to get things corrected, often having to hire an attorney and file hardship motions months can go by without any meaningful results. When hard times hit a family, and the economy and job opportunities dry up in tandem kids, dads, and broken families pay the price harder than anyone.
Milford's courts are no exception, at any given time there are scores of people in family court arguing this very issue. Attorney's at the courthouse indicated that the "threat of incarceration" is a "good rule" because this is an effective way to produce money for the custodial parents and the kids who need it.
There are no guarantees that the legal system can always help a distressed parent. There are many non-custodial parents who served their time in jail, and had their earning capacity reset.
However, all is not lost for kids because CT offers help for single moms. This help comes in the form of a Support Enforcement Office, a Victims Advocate and some social programs to financially assist the children of the custodial parent with health care, food stamps, and counseling. Unfortunately little help exists for dad especially in cases where parental alienation exists due to the animosity of a relationship.
Photo of Essex Family Court Judge James B. Convery
