Do non-custodial parents facing jail for non-payment of child support have a right to a lawyer?
Yes. As mentioned above, the New Jersey Supreme Court ruled in a recent case that all non-custodial parents charged with violating a court order and facing the possibility of going to jail for nonpayment of child support must be told at the enforcement hearing that they have a right to be represented by a lawyer. Low-income non-custodial parents facing the possibility of going to jail must be told that they have a right to have a lawyer appointed to represent them. The court may ask for proof of income. If the non-custodial parent is able to show that he or she is indigent, the court must provide an appointed lawyer. What happens if the court does not inform the non-custodial parent about the right to a lawyer or fails to provide a lawyer? If the court does not inform the non-custodial parent about the right to an attorney at an enforcement hearing or fails to provide a lawyer for a low-income non-custodial parent, the court cannot use the threat of jail to force the person to comply w
