Just this afternoon, a NJ Appellate judge has ruled that all indigent child support obligors being held in NJ for failure to pay child support must be released within 72 hours. See information below.
Date: Fri, 26 Sep 2003 14:19:09 -0400
Subject: [njccrbuzz] Jail doors busted open || Emergent stay DENIED ||
Appointment of counsel List -
At 1:00 pm, Judge Carchman (Appellate Division) denied the state's
emergent application for a stay of the lower court's ruling in Pasqua v.
Council (appointment of counsel for indigent child support obligors facing
jail at an enforcement hearing).
Bottom line -- It is finally, really happening: As per Judge Feinberg's order, ALL INDIGENT, CURRENTLY INCARCERATED CHILD SUPPORT
OBLIGORS WILL BE RELEASED OVER THE NEXT 72 HOURS as per the instructions of the Administrative Office of the Courts in compliance with Judge Feinberg's ruling. Until some mechanism for the appointment of counsel (pro bono pool? funding from the legislature?) is in place, THE FAMILY COURT CAN NO LONGER JAIL INDIGENT "DEADBEAT PARENTS."
Of course, as always, this ruling isn't about - and won't help - the
(RARE) noncustodial parent who actually has the ability to pay but is
refusing to do so; it effects and helps only those without the ability to
pay who were being subjected to debtors' prison without having the ability
to secure their release.
Anyone who wants a copy of the Appellate Division's order from
yesterday and the AOC memo faxed, give me a call at 732-274-9444.
David Perry Davis, Esq.
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