Parents who default on their child support payments face prosecution by state officials and potential jail time. Many families who depend on child support payments to make ends meet are grateful to the state for enforcing child support laws. However, a new case before the US Supreme Court asks an interesting question: what if a parent is too poor to afford the required payments?

The Supreme Court Justices are currently debating the case of one father who has served three jail sentences over the past two years. The idea behind putting delinquent child support payers behind jail is that it will force them to comply with the terms of the court order and pay their bill. Yet, the father before the Supreme Court argues that his limited finances simply don't allow him to consistently fulfill his payments and that he deserves a court-appointed lawyer to help him argue his case.

Currently, all defendants can receive court-appointed legal counsel in criminal cases, but the rules for civil matters such as child support payments vary from state to state. For instance, in New York, the state government has provided legal assistance to poor defendants in child support cases for decades. However, the case before the Supreme Court could rule that defendants in child support cases nationwide are entitled to representation.

If the Court decides to require representation for child support cases, the argument could easily be made for other civil matters as well, such as alimony disputes or child custody hearings. Some of the Justices have expressed concerns that a decision with such wide-reaching effects could overwhelm certain legal systems and stretch already limited budgets.

Source: NPR, "Facing Jail Time, Deadbeat Parents Seeking Lawyers." Associated Press, 22 March 2011