Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
Below are the cases that meet your search criteria.
|State||Citation||Question||Brief answer||Language from the opinion||When does the case apply?|
|Washington DC||Smith v. Smith, 427 A.2d 928, 932 (D.C. 1981)||
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,+ See more
the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
Courts must hold indigence hearing before determining failure to pay was willful (and punishing); Defendant bears burden of showing inability to pay; Court must consider earnings as well as capacity in+ See more
current job market given educational background and work experience
"When faced with a motion for contempt establishing noncompliance with a support order, the defendant bears the burden of showing an inability to pay or some other excuse for failure+ See more
to comply. ... Ability to pay, of course, “is not merely a function of actual earnings but is to be derived, more broadly, from earning capacity in the current job market, given one's educational background and work experience.” ... Because appellant's motion to reduce support gave the trial court sufficient notice that he might be unable to meet his obligations under the stay of the contempt commitment, the trial court was obliged to hold a hearing and make a finding of ability to pay before revoking the stay.
|Ability to pay|
|Washington DC||Lee v. Habib, 424 F.2d 891, 904 (D.C. Cir. 1970)||Other applicable case law||As in criminal cases, courts must consider ability to pay in civil cases||
The equal protection clause applies to both civil and criminal cases; the Constitution protects life, liberty and property. It is the importance of the right to the individual, not the+ See more
technical distinction between civil and criminal, which should be of importance to a court in deciding what procedures are constitutionally required in each case.44 Often a poor litigant will have more at stake in a civil case than in a criminal case.... We hold today only that the United States must pay for transcripts for indigent litigants allowed to appeal in forma pauperis to the District of Columbia Court of Appeals if the trial judge or a judge of the DCCA certifies that the appeal raises a substantial question the resolution of which requires a transcript. We do not hold that every civil case will require a transcript on appeal.59 We indicate no opinion as to whether one will be necessary in this case.
|Ability to pay|