NCJ Number
76089
Date Published
1980
Length
8 pages
Annotation
British laws regarding the imprisonment of maintenance defaulters and suggestions for ending such imprisonment are reviewed.
Abstract
In 1979, 2,071 people were imprisoned for the non-payment of wife maintenance; maintenance defaulters accounted for 40 percent of all noncriminal incarcerations. While the maximum period of imprisonment for the nonpayment of wife maintenance is 6 weeks, 59 percent of those committed served more than 1 month, and only 14 percent were released after 1 week or less. Under present laws, courts may also attach a defaulter's earnings or order that arrears be paid off, usually on a weekly basis. Unlike fine defaulters, maintenance defaulters do not erase their debts by serving time in jail; however, they cannot be imprisoned a second time for the same amount of money. Since 1969, successive reports have urged that imprisonment be reduced or abolished for these offenders because once imprisoned, they are unable to earn money for the payments and may lose their jobs and because many offenders were simply unable to support two households in the first place. Among the alternatives to imprisonment which have been suggested in their reports is the establishment of enforcement office manned by specially trained social workers who would help debtors adjust their weekly budgets, undertake means inquiries, and make recommendations to the courts. Also, greater use could be made of the attachment-of-earnings orders and other court orders which would call for the sale of a debtor's property or for the collection of other incoming funds. Consideration should also be given to increased social-insurance support for one-parent families. Excerpts from reports and a data table are provided. A reference list is not included.