Last year, the U.S. Supreme Court decided in Turner v. Rogers (131 S. Ct. 2507 (2011)) that when states intend to issue civil contempt orders against noncustodial parents who fail to meet their child support obligations, and these orders can result in the obligor’s incarceration, the states must have procedural safeguards in place to determine whether the obligor in fact has the means to meet these obligations. The court did not find that such a person had a right to counsel, which had been asserted.
In June, the agency that oversees the federal Title IV-D (child support enforcement) program issued guidance to state child support agencies to help them establish these safeguards. The guidance emphasizes the importance of screening cases before initiating contempt proceedings to ensure that the proceedings are appropriate. As part of this screening, the guidance urges state child support agencies to consider the obligor’s individual circumstances and ensure that he or she can actually pay the support.
