Terrell Owens sued in Fulton County for child support

On behalf of Edwards & Associates posted in Child Support on Thursday, July 7, 2011

In May, we discussed how the ongoing National Football League lockout could affect athletes' child support and alimony obligations. During the lockout, most players will not be earning the same amount of income they were making at the time their support obligations were calculated. This could harm their ability to pay.

Now, we are receiving reports of just such a situation in Fulton County. Melanie Paige Smith, an ex of NFL wide receiver Terrell Owens, submitted court papers on June 20 against Owens, claiming he will not pay all the $5,000 he owes her for monthly child support.

Allegedly, financial advisers for Owens have told Smith earlier that he no longer intends on paying the full sum. Smith's attorney alleged that Owens has "failed and refused to pay the full amount of child support in June 2011." Smith's attorney has also said that Smith doesn't begrudge Owens, but would like to continue receiving the amount the couple had earlier agreed upon.

In addition to the full amount of child support, Smith is also requesting that Owens pay her attorney fees and other expenses incurred in the efforts to enforce the court's May 2007 child support order.

Meanwhile, Owens is on the mend after undergoing knee surgery. However, he is a free agent and won't be able to join a new team as long as the NFL lockout is still in effect.

The NFL lockout has put many players like Terrell Owens in a precarious situation. If they simply stop paying court ordered child support, they can be held in contempt of court, which can have serious consequences. However, there are other options available for people who have suffered an involuntary loss of income. A parent who has experienced an involuntary loss of income can request a downward modification of child support payments from a court.

If you have questions about how your child support payments are affected by the loss of a job or a loss of income, an experienced family law attorney can help you understand your legal options and defend your rights in a court of law.

Source: Associated Press, "Woman says Owens fails to pay some child support," Jeff Martin, 6/29/2011

Atlanta producer sued over child support payments

On behalf of Edwards & Associates posted in Child Support on Thursday, May 12, 2011

A woman living in the Atlanta area is suing Jermaine Dupri alleging the rapper and producer has not paid her court ordered child support. In March, a Fulton County judge found Dupri to be the father of Sarai Jones' now-seven-month-old daughter based on the results of a paternity test.

Dupri was ordered to pay Jones a lump sum of $7,500 plus an additional $2,500 each month for child support. Dupri's lawyer has declined to publicly comment on the lawsuit.

Dupri has had a successful career in hip-hop as a rapper and a producer, producing multiple hits for artists, including Kriss Kross, Mariah Carey and Usher. Forbes.com ranked Dupri as one of the top earners in the industry, earning $12 million in 2006.

However, a local TV station has reported that Dupri may be in a tough financial situation. WSB-TV has reported that Dupri's Atlanta mansion was going through the process of foreclosure before the auction of property was called off. WSB-TV has also reported that Dupri may owe the Georgia Department of Revenue more than $490,000 in back taxes.

When a family court judge calculates a father's child support obligations in Georgia, the judge looks at the income of both parents. In child support cases involving high-income fathers, the amount of child support owed can be quite high. However, many high-income parents see major fluctuations in their income from year-to-year and even month-to-month. A child support obligation can rapidly become unaffordable when a father's income drastically falls.

In situations involving involuntary job loss or an involuntary income, downward modification of child support can be requested from a court. If you have questions about a modifying child support obligations, an experienced family law attorney can help.

Source: WSBTV.com, "Jermaine Dupri Sued Over Child Support Payments," 5/9/2011

Supreme Court to decide right to counsel in child support cases

On behalf of Edwards & Associates posted in Child Support on Wednesday, March 30, 2011

In the past, we have written about the problems many poor parents face when confronted with a contempt hearing for non-payment of child support. Although, jail time is a very possible outcome in these hearings, lawyers are not provided in child support contempt hearings as they are in criminal cases that involve the threat of incarceration. Is there a constitutional right to an attorney in child support contempt hearings? A case addressing this issue is now in the process of being decided in the U.S. Supreme Court.

The case in question involves a man who had been jailed for more than one year after he failed to make child support payments. The man stated that he did not have the money to pay his child support. He believes that if he had received a court-mandated attorney then he would have avoided jail time.

Last week, the justices of the Supreme Court heard arguments on whether there is a constitutional right to legal representation during child support enforcement cases involving the possibility of jail time. Currently, the law requires that only individuals involved in criminal court cases be provided with legal representation.

Some justices felt that it is difficult to mandate a blanket ruling to cover thousands of future child support hearings. Justice Anthony Kennedy stated that creating a law that requires court-appointed lawyers during child support cases would completely alter current domestic relations court proceedings.

Attorneys against the right to counsel in child support cases expressed their concerns over requiring states to provide attorneys in child support cases. They argued that requiring states to provide legal representation might deter the states from punishing parents who fail to make child support payments.

Others have stated that there are generally no lawyers present during a child support hearing and that requiring legal representation could disrupt the effectiveness of the proceedings.

Justice Scalia mentioned that he was frustrated with the proposal to require legal representation since it dismissed any other procedures that could satisfy due process and provide both sides with a fair hearing in child support cases.

Now that oral arguments have concluded in this case, the nine Justices of the Supreme Court will make a decision in the matter over the course of the next few months. A formal decision will be released in June.

Source: The New York Times, "Justices Grapple With Issue of Right to Lawyers in Child Support Cases," Adam Liptak, 3/23/2011

Tags: child support, child support enforcement, contempt, right to counsel

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