Incarceration for attorney fees

[annemichellesdad]

State of Georgia. No court order of custody yet (not even temporary), but I am under a court order to pay child support.

In December of last year, the BM filed a for contempt just one day following the due date of child support. Prior to court, I paid the full amount. (I've never been more than 30 days behind.) However, she still let the issue go before court, asking for attorney fees for the cost of contempt charge.

At the hearing, the judge found that I had been in contempt, but acknowledged that the amount had indeed since been paid. However, he ordered me incarcerated until attorney fees of $1000 "for the current litigation" be paid in full.  I was indeed arrested on the spot and was not released until the full amount was paid. (Thank god for good friends,) All of this is, by the way, articulated very clearly in the judge's printed and signed order.

1 - While I am aware of the imfamous California court case in which it was determined that child support does not qualify as a "debt", aren't attorney fees civil debts?

2 - If attorney fees are civil debts, is it unConstitutional to imprison someone for non-payment of that debt?

3 - Because I was incarcerated, and because the amount had to be paid in full in order to be freed, this isn't exactly a "decision" which can be appealed. And judges are immune from lawsuit when acting in a judicial capacity, even if doing so maliciously. If I was incarcerated un-Constitutionally, what is my remedy for the injustice?

[socrateaser]

>>1 - While I am aware of the imfamous California court case in
>which it was determined that child support does not qualify as
>a "debt", aren't attorney fees civil debts?

Depends upon GA Statutes, so I don't know. Generally, attorney fees are not child support, but I don't know about GA law.
>
>2 - If attorney fees are civil debts, is it unConstitutional
>to imprison someone for non-payment of that debt?

Yep, but you'd have to sue the judge for exceeding the scope of his judicial authority, and violating your civil rights. This could be a federal action, but the entire world of law would be armed against you, because no judge wants to find another judge guilty of this charge, because it puts all judges at risk of similar action.

>
>3 - Because I was incarcerated, and because the amount had to
>be paid in full in order to be freed, this isn't exactly a
>"decision" which can be appealed.

Yes is is. All contempt orders are "final," and thus immediately appealable. You could have also asked for a writ of habius corpus at the trial court level.

And judges are immune from >lawsuit when acting in a judicial capacity, even if doing so
>maliciously. If I was incarcerated un-Constitutionally, what
>is my remedy for the injustice?

Federal lawsuit for civil rights violation.