turner
rogers
et
argued
march
decided
june
south
carolina
family
ordered
petitioner
turner
pay
per
week
respondent
rogers
help
support
child
turner
repeatedly
failed
pay
amount
due
held
contempt
five
times
first
four
sentenced
days
imprisonment
ultimately
paid
owed
twice
without
jailed
twice
spending
days
custody
fifth
time
pay
completed
sentence
release
family
clerk
issued
new
show
cause
order
turner
arrears
rogers
unrepresented
counsel
brief
civil
contempt
hearing
judge
found
turner
willful
contempt
sentenced
months
prison
without
making
finding
ability
pay
indicating
contempt
order
form
whether
able
make
support
payments
turner
completed
sentence
south
carolina
rejected
claim
federal
constitution
entitled
counsel
contempt
hearing
declaring
civil
contempt
require
constitutional
safeguards
applicable
criminal
contempt
proceedings
held
even
though
turner
completed
sentence
alleged
collateral
consequences
contempt
determination
might
keep
dispute
alive
case
moot
capable
repetition
evading
review
southern
pac
terminal
interstate
commerce
case
remains
live
challenged
action
duration
short
fully
litigated
prior
cessation
expiration
reasonable
expectation
complaining
party
subjected
action
weinstein
bradford
challenged
action
turner
imprisonment
months
duration
short
fully
litigated
state
courts
arrive
prior
expiration
first
bank
boston
bellotti
reasonable
likelihood
turner
subjected
action
frequently
failed
make
support
payments
subject
several
civil
contempt
proceedings
imprisoned
several
times
subject
civil
contempt
proceedings
failure
pay
defunis
odegaard
pierre
distinguished
pp
fourteenth
amendment
due
process
clause
automatically
require
state
provide
counsel
civil
contempt
proceedings
indigent
noncustodial
parent
subject
child
support
order
even
individual
faces
incarceration
particular
clause
require
counsel
provided
opposing
parent
custodian
represented
counsel
state
provides
alternative
procedural
safeguards
equivalent
adequate
notice
importance
ability
pay
fair
opportunity
present
dispute
relevant
information
express
findings
supporting
parent
ability
comply
support
order
pp
precedents
provide
definitive
answer
question
whether
counsel
must
provided
sixth
amendment
grants
indigent
criminal
defendant
right
counsel
see
dixon
govern
civil
cases
civil
criminal
contempt
differ
may
impose
punishment
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contempt
proceeding
clearly
established
alleged
contemnor
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comply
terms
order
hicks
feiock
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contemnor
complies
underlying
order
purged
contempt
free
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process
clause
allows
state
provide
fewer
procedural
protections
civil
contempt
proceedings
criminal
case
cases
directly
concerning
right
counsel
civil
cases
found
presumption
right
cases
involving
incarceration
held
right
counsel
exists
cases
see
gault
vitek
jones
lassiter
department
social
servs
durham
pp
contempt
proceeding
compel
support
payments
civil
question
whether
specific
dictates
due
process
require
appointed
counsel
determined
examining
distinct
factors
used
decide
specific
safeguards
needed
make
civil
proceeding
fundamentally
fair
mathews
eldridge
relevant
factors
include
nature
private
interest
affected
comparative
risk
erroneous
deprivation
interest
without
additional
substitute
procedural
safeguards
nature
magnitude
countervailing
interest
providing
additional
substitute
procedural
requirement
ibid
private
interest
affected
argues
strongly
right
counsel
interest
consists
indigent
defendant
loss
personal
liberty
imprisonment
freedom
bodily
restraint
lies
core
liberty
protected
due
process
clause
foucha
louisiana
thus
accurate
decisionmaking
ability
pay
marks
dividing
line
civil
criminal
contempt
hicks
supra
must
assured
incorrect
decision
result
wrongful
incarceration
ability
comply
divides
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criminal
contempt
proceedings
erroneous
determination
also
deprive
defendant
procedural
protections
criminal
proceeding
demand
questions
ability
pay
likely
arise
frequently
child
custody
cases
hand
due
process
always
require
provision
counsel
civil
proceedings
incarceration
threatened
see
gagnon
scarpelli
determine
whether
right
counsel
required
opposing
interests
probable
value
additional
substitute
procedural
safeguards
must
taken
account
mathews
supra
reveals
three
related
considerations
taken
together
argue
strongly
requiring
counsel
every
proceeding
present
kind
first
likely
critical
question
cases
defendant
ability
pay
often
closely
related
indigence
relatively
straightforward
second
sometimes
person
opposing
defendant
hearing
government
represented
counsel
custodial
parent
unrepresented
counsel
requirement
state
provide
counsel
noncustodial
parent
cases
create
asymmetry
representation
alter
significantly
nature
proceeding
gagnon
supra
creating
degree
formality
delay
unduly
slow
payment
immediately
need
make
proceedings
less
fair
overall
third
federal
government
points
available
set
substitute
procedural
safeguards
mathews
supra
employed
together
significantly
reduce
risk
erroneous
deprivation
liberty
include
notice
defendant
ability
pay
critical
issue
contempt
proceeding
use
form
equivalent
elicit
relevant
financial
information
opportunity
hearing
respond
statements
questions
financial
status
express
finding
defendant
ability
pay
decision
address
civil
contempt
proceedings
underlying
support
payment
owed
state
reimbursement
welfare
funds
paid
custodial
parent
question
due
process
requires
unusually
complex
case
defendant
fairly
represented
trained
advocate
gagnon
supra
pp
circumstances
turner
incarceration
violated
due
process
received
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counsel
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alternative
procedures
like
describes
clear
notice
ability
pay
constitute
critical
question
civil
contempt
proceeding
one
provided
form
equivalent
designed
elicit
information
financial
circumstances
trial
find
able
pay
arrearage
nonetheless
found
civil
contempt
ordered
incarcerated
vacated
remanded
breyer
delivered
opinion
kennedy
ginsburg
sotomayor
kagan
joined
thomas
filed
dissenting
opinion
scalia
joined
roberts
alito
joined
parts
ii
michael
turner
petitioner
rebecca
rogers
et
al
writ
certiorari
south
carolina
june
justice
breyer
delivered
opinion
south
carolina
family
enforces
child
support
orders
threatening
incarceration
civil
contempt
subject
child
support
order
able
comply
order
fail
must
decide
whether
fourteenth
amendment
due
process
clause
requires
state
provide
counsel
civil
contempt
hearing
indigent
person
potentially
faced
incarceration
conclude
custodial
parent
entitled
receive
support
unrepresented
counsel
state
need
provide
counsel
noncustodial
parent
required
provide
support
attach
important
caveat
namely
state
must
nonetheless
place
alternative
procedures
assure
fundamentally
fair
determination
critical
question
whether
supporting
parent
able
comply
support
order
south
carolina
family
courts
enforce
child
support
orders
part
civil
contempt
proceedings
month
family
clerk
reviews
outstanding
child
support
orders
identifies
supporting
parent
fallen
five
days
behind
sends
parent
order
show
cause
held
contempt
rule
family
show
cause
order
attached
affidavit
refer
relevant
child
support
order
identify
amount
arrearage
set
date
hearing
hearing
parent
may
demonstrate
contempt
say
showing
able
make
required
payments
see
moseley
mosier
parent
unable
make
required
payments
contempt
fails
make
required
showing
may
hold
civil
contempt
may
require
imprisoned
unless
purges
contempt
making
required
child
support
payments
one
year
regardless
see
code
ann
supp
imprisonment
one
year
adult
wilfully
violates
order
price
turner
civil
contempt
order
must
permit
purging
contempt
compliance
june
south
carolina
family
entered
order
amended
required
petitioner
michael
turner
pay
per
week
respondent
rebecca
rogers
help
support
child
rogers
father
larry
price
currently
custody
child
also
respondent
next
three
years
turner
repeatedly
failed
pay
amount
due
held
contempt
five
occasions
first
four
times
sentenced
days
imprisonment
ultimately
paid
amount
due
twice
without
jailed
twice
spending
two
three
days
custody
fifth
time
pay
completed
sentence
release
turner
remained
arrears
march
clerk
issued
new
show
cause
order
initial
postponement
due
turner
failure
appear
turner
civil
contempt
hearing
took
place
january
turner
rogers
present
without
representation
counsel
hearing
brief
clerk
said
turner
behind
payments
judge
asked
turner
anything
want
say
turner
replied
well
first
got
got
back
dope
done
meth
smoked
pot
everything
else
paid
little
bit
finally
get
working
broke
back
back
september
filed
disability
ssi
get
straightened
dope
broke
back
laid
two
months
dope
everything
hope
give
chance
know
else
say
mean
know
done
wrong
paying
helping
sorry
mean
dope
hold
app
pet
cert
judge
said
kay
asked
rogers
anything
say
ibid
brief
discussion
federal
benefits
judge
stated
nothing
else
order
find
defendant
willful
contempt
going
sentence
twelve
months
oconee
county
detention
center
may
purge
contempt
avoid
sentence
zero
balance
release
also
placed
lien
ssi
benefits
judge
added
turner
receive
work
credits
got
job
make
eligible
work
release
ibid
turner
asked
receive
work
credits
judge
said
ecause
ruling
ibid
made
express
finding
concerning
turner
ability
pay
arrearage
though
turner
wife
voluntarily
submitted
copy
turner
application
disability
benefits
cf
post
thomas
dissenting
app
judge
ask
followup
questions
otherwise
address
issue
hearing
judge
filled
prewritten
form
titled
order
contempt
included
statement
defendant
gainfully
employed
ability
make
support
payments
due
judge
left
statement
without
indicating
whether
turner
able
make
support
payments
serving
sentence
turner
help
pro
bono
counsel
appealed
claimed
federal
constitution
entitled
counsel
tempt
hearing
south
carolina
decided
turner
appeal
completed
sentence
rejected
right
counsel
claim
pointed
civil
contempt
differs
significantly
criminal
contempt
former
require
constitutional
safeguards
applicable
criminal
proceedings
right
counsel
held
one
safeguards
required
ibid
turner
sought
certiorari
light
differences
among
state
courts
federal
courts
applicability
right
counsel
civil
contempt
proceedings
enforcing
child
support
orders
granted
writ
compare
pasqua
council
black
division
child
support
enforcement
del
mead
batchlor
ridgway
baker
finding
federal
constitutional
right
counsel
indigents
facing
imprisonment
child
support
civil
contempt
proceeding
rodriguez
eighth
judicial
dist
county
clark
right
counsel
civil
contempt
hearing
nonsupport
except
rarest
cases
andrews
walton
circumstances
parent
entitled
counsel
civil
contempt
proceeding
failure
pay
child
support
compare
also
grand
jury
proceedings
per
curiam
general
right
counsel
civil
contempt
proceedings
duval
duval
general
right
counsel
may
required
basis
ii
respondents
argue
case
moot
see
massachusetts
mellon
article
iii
judicial
power
extends
actual
cases
controversies
alvarez
smith
slip
actual
controversy
must
extant
stages
review
internal
quotation
marks
omitted
point
turner
completed
prison
sentence
add
collateral
consequences
particular
contempt
determination
might
keep
dispute
alive
compare
sibron
new
york
release
prison
moot
criminal
case
collateral
consequences
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continue
spencer
kemna
declining
extend
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parole
revocation
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answer
respondents
mootness
claim
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case
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disputes
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review
southern
pacific
terminal
icc
dispute
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based
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remains
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expiration
reasonable
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bradford
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curiam
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action
turner
imprisonment
months
duration
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litigated
state
courts
arrive
prior
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first
nat
bank
boston
bellotti
internal
quotation
marks
omitted
period
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pacific
terminal
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reasonable
likelihood
turner
subjected
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pointed
supra
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frequently
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support
payments
subject
several
civil
contempt
proceedings
imprisoned
several
occasions
within
months
release
imprisonment
issue
subject
civil
contempt
proceedings
imprisoned
time
six
months
december
turner
arrears
another
contempt
hearing
scheduled
may
app
reply
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petitioner
facts
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case
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special
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cases
moot
underlying
dispute
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review
see
nebraska
press
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stuart
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pierre
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decide
whether
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process
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turner
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precedents
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long
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amendment
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indigent
defendant
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case
gideon
wainwright
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rule
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proceedings
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proceedings
dixon
cooke
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amendment
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contempt
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marks
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process
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decided
handful
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matters
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one
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held
fourteenth
amendment
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representation
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juvenile
delinquency
proceeding
lead
incarceration
gault
moreover
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plurality
four
members
held
fourteenth
amendment
requires
representation
counsel
proceeding
transfer
prison
inmate
state
hospital
mentally
lassiter
department
social
servs
durham
case
focused
upon
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proceedings
leading
loss
parental
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wrote
generalization
emerges
precedents
indigent
right
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recognized
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may
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process
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lassiter
constitute
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statements
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previously
found
right
counsel
cases
involving
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right
counsel
exists
cases
position
difficult
reconcile
gagnon
civil
contempt
proceedings
child
support
cases
constitute
one
part
highly
complex
system
designed
assure
noncustodial
parent
regular
payment
funds
typically
necessary
support
children
often
family
receives
welfare
support
federal
program
state
seeks
reimbursement
noncustodial
parent
see
supp
iii
ed
code
ann
cum
times
custodial
parent
often
mother
sometimes
father
grandparent
another
person
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receive
government
benefits
entitled
receive
support
payments
federal
government
created
elaborate
procedural
mechanism
designed
help
government
custodial
parents
secure
payments
entitled
see
generally
blessing
freestone
describing
interlocking
set
cooperative
welfare
programs
relate
child
support
enforcement
cfr
pt
prescribing
standards
state
child
support
agencies
systems
often
rely
upon
wage
withholding
expedited
procedures
modifying
enforcing
child
support
orders
automated
data
processing
sometimes
use
contempt
orders
ensure
custodial
parent
receives
support
payments
government
receives
reimbursement
although
experts
criticized
procedure
federal
government
believes
routine
use
contempt
child
support
likely
ineffective
strategy
government
also
tells
us
coercive
enforcement
remedies
contempt
role
play
brief
amicus
curiae
citing
dept
health
human
services
national
child
support
enforcement
strategic
plan
fy
pp
south
carolina
relies
heavily
contempt
proceedings
agrees
important
tool
consider
indigent
right
paid
counsel
contempt
proceeding
civil
proceeding
consequently
determine
specific
dictates
due
process
examining
distinct
factors
previously
found
useful
deciding
specific
safeguards
constitution
due
process
clause
order
make
civil
proceeding
fundamentally
fair
mathews
eldridge
considering
fairness
administrative
proceeding
relevant
factors
include
nature
private
interest
affected
comparative
risk
erroneous
deprivation
interest
without
additional
substitute
procedural
safeguards
nature
magnitude
countervailing
interest
providing
additional
substitute
procedural
requirement
ibid
see
also
lassiter
applying
mathews
framework
private
interest
affected
argues
strongly
right
counsel
turner
advocates
interest
consists
indigent
defendant
loss
personal
liberty
imprisonment
interest
securing
freedom
freedom
bodily
restraint
lies
core
liberty
protected
due
process
clause
foucha
louisiana
made
clear
threatened
loss
legal
proceedings
demands
due
process
protection
addington
texas
given
importance
interest
stake
important
assure
accurate
decisionmaking
respect
key
ability
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double
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codispoti
pennsylvania
jury
trial
result
six
months
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since
child
support
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nationwide
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see
sorensen
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schaner
assessing
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nine
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prepared
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june
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clerk
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file
research
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many
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patterson
civil
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indigent
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silent
return
debtor
prison
cornell
pub
see
also
mcbride
mcbride
surveying
north
carolina
contempt
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child
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carolina
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remand
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rebecca
rogers
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thomas
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also
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many
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often
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obligors
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make
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case
illustrates
point
family
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weekly
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paid
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family
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think
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children
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majority
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wisdom
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whether
deadbeat
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state
federal
lawmakers
entire
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government
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child
support
see
elrod
dale
paradigm
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child
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fam
observing
federalization
many
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family
law
internal
quotation
marks
omitted
repercussions
shift
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nuclear
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ultimately
business
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branches
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popenoe
family
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america
reprinted
war
family
discussing
four
major
social
trends
emerged
signal
widespread
nuclear
family
krause
child
support
reassessed
fam
marriage
casual
cohabitation
procreation
collision
course
economic
social
needs
children
boumil
friedman
deadbeat
dads
many
children
deadbeat
dads
born
wedlock
others
lost
parent
divorce
young
age
little
conscious
memory
affirm
judgment
south
carolina
due
process
clause
provide
right
appointed
counsel
civil
contempt
hearings
may
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incarceration
issue
properly
respectfully
dissent
footnotes
agree
case
moot
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action
likely
recur
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otherwise
evades
review
ante
criminal
contempt
crime
ordinary
sense
therefore
criminal
contemners
entitled
protections
requires
criminal
proceedings
including
right
counsel
mine
workers
bagwell
citing
cooke
internal
quotation
marks
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question
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even
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certiorari
see
rule
family
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form
detailing
turner
finances
judge
hold
turner
contempt
without
concluding
pay
due
process
question
majority
answers
reduces
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assessment
family
performance
see
ante
reply
brief
petitioner
advance
hearing
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supplied
family
form
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deadbeat
parents
punishment
act
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child
support
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child
support
enforcement
amendments
stat
social
services
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deadbeat
parents
punishment
act
stat
referring
parents
willfully
fai
pay
support
obligation
eadbeat
arents
case
turner
switched
eight
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three
years
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wage
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recently
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