Tuesday night, the Michigan Supreme Court ruled that if a parent can prove they are unable to pay child support, they cannot be charged with a felony for the nonsupport.
The catch is, proving an inability to pay is quite difficult. Defendants must prove that they have sold off assets and exhausted their resources to be protected under the decision.
The ruling revolved around three Michigan cases in which parents argued they were unable to pay child support. The parents charged with nonsupport said they were denied their constitutional right to due process when circuit courts refused to consider evidence of their inability to pay.