This amicus brief brings the considerable resources of PAAM, and specifically the sharp appellate mind of the long-serving Wayne County Prosecutor's appellate chief, Timothy Baughman, to bear on the crux of the constitutional issue in the Likine appeal.
PAAM asserts that the Michigan Court of Appeals got it right in People v Adams, 262 Mich App 89 (2004), when it held that a defendant could not present evidence of an inability to pay; or an excuse of some kind, for not paying.
PAAM concedes that there is no willfulness element to the statute and recognizes that the felony child support statute is "somewhat unusual" in that it posits the existence of a court order [a child support order issued by the family court], and criminalizes the failure to abide by that order, rather than criminalizing other conduct. The criminal conduct is the payor's failure to pay the stated amount at the stated time.
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Published In: Constitutional Law Updates, Criminal Law Updates, Family Law Updates
Reference Info:Appellate Brief | State, 6th Circuit, Michigan | United States
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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