Voices on child support
Justice Stephen G. Breyer
Associate Justice, U.S. Supreme Court, writing for the Court
The exact words were found in the primary source linked below (testimony, book page, report or article), at the page given.
"And since 70% of child support arrears nationwide are owed by parents with either no reported income or income of $10,000 per year or less, the issue of ability to pay may arise fairly often."
Source
Turner v. Rogers, 564 U.S. 431 (2011), opinion of the Court, U.S. Supreme Court (U.S. Reports via GPO govinfo), 2011-06-20, 564 U.S. 445 (PDF page 15 of 31) (opinion). Checked 2026-10-13.
Context
Writing for a 5-4 majority, Justice Breyer held that the Due Process Clause does not automatically require appointed counsel for an indigent parent facing incarceration in a civil contempt proceeding for unpaid support, but that the State must provide alternative safeguards on ability to pay; Turner's incarceration was vacated. The 70% figure is cited from Sorensen, Sousa & Schaner (2007). The same opinion notes the federal government's view that coercive remedies such as contempt "have a role to play."
The passage it comes from
Given the importance of the interest at stake, it is obviously important to ensure accurate decisionmaking in respect to the key "ability to pay" question. Moreover, the fact that ability to comply marks a dividing line between civil and criminal contempt, Hicks, 485 U. S., at 635, n. 7, reinforces the need for accuracy. That is because an incorrect decision (wrongly classifying the contempt proceeding as civil) can increase the risk of wrongful incarceration by depriving the defendant of the procedural protections (including counsel) that the Constitution would demand in a criminal proceeding. See, e. g., Dixon, 509 U. S., at 696 (proof beyond a reasonable doubt, protection from double jeopardy); Codispoti v. Pennsylvania, 418 U. S. 506, 512-513, 517 (1974) ( jury trial where the result is more than six months' imprisonment). And since 70% of child support arrears nationwide are owed by parents with either no reported income or income of $10,000 per year or less, the issue of ability to pay may arise fairly often.
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