They include: notice that ability to pay is a critical issue, the use of a form to elicit financial information, an opportunity for the defendant to answer questions about his financial status, and an express finding by the court on ability to pay.
"Under these circumstances, Turner's incarceration violated the Due Process Clause," Breyer said.
The Associated Press reports Breyer said Turner was never told his ability to pay was the crucial question at his civil contempt hearing, no one provided him with a form that would helped him disclose his financial information, and the state court never even officially determined whether Turner had the ability to pay the child support he owed.
That is one of the frequent issues challenging father's rights: that most men who are behind on child support are not unwilling to pay, they are unable to pay. And yet courts across the country continue to jail fathers for their inability to pay.
The case now goes back to the South Carolina state courts. The case is Turner v. Rogers.
If you need help with a child support modification, contact the divorce lawyers for men at Cordell and Cordell.
Use the Child Support Calculator on DadsDivorce.com for an estimated amount of how much child support you should be paying.