Hicks v. Feiock

485 U.S. 624 (1988)

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Nature of the Case

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Facts

Feiock was ordered to pay child support to his ex-wife and three children. He paid very little over a long period of time and was eventually taken back to court and ordered to pay. Feiock failed to meet his obligation and was sentenced to 25 days in jail for contempt but that was suspended, and Feiock was placed on probation for three years. As a condition of probation, he was ordered to pay the $150 per month support and $50 per month on the accumulated arrearage. Feiock appealed, and the appeals court held that the legislative presumptions applied by the trial court violated Due Process and the Fourteenth Amendment. The appeals court then annulled the contempt order; the state statute purports to impose 'a mandatory presumption compelling a conclusion of guilt without independent proof of an ability to pay,' and is therefore unconstitutional because 'the mandatory nature of the presumption lessens the prosecution's burden of proof. The Supreme Court granted certiorari.