by NFLG
28. September 2011 09:12
On June 20, 2011, the United States Supreme Court announched that it vacated the March 29, 2010 child support related judgement issued by the South Carolina Supreme Court.
In Turner, the United States Supreme Court held that the due process clause of the 14th Amendment does not automatcially require the provision of counsel to an indigent defendant facing the possibility of incarceration in a civil failure to pay child support contempt proceeding.
Importantly, the ruling of the U.S. Supreme Court now requires States to provide alternative procedural safeguards when determining whether to incarcerate child support defendants found to be in civil contempt of court for failure to pay child support.
To read the full ruling from the U.S. Supreme Court click here.