This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Background and question before the Court
According to Seth P. Waxman, seventy percent of non‑custodial parents have no income or earn less than $10,000, and many are represented by the State in child‑support enforcement.
What each side argues
Party Arguments
According to Ms. Kruger, in civil contempt proceedings to enforce child‑support, due process requires a meaningful opportunity to be heard on whether the nonpaying parent has the ability to pay.
According to Mr. Bibas, trial judges need to know ahead of time which set of procedures to apply, civil or criminal.
According to MR. WAXMAN, the petitioner could be incarcerated and placed on work‑release in a county jail program to reduce his arrearage.
According to MR. BIBAS, it is not necessary to have a lawyer because the issue is not that complex.
According to MR. BIBAS, the closest analogue is the inability to afford counsel under the Criminal Justice Act.
According to MR. WAXMAN, the answer is yes, but a mere assertion is insufficient; the judge must see evidentiary support.
- [1] 5526a4622c55a5c24744-r1-ca2fa0b8bae823d3.pdf, p. 25
- [2] 5526a4622c55a5c24744-r1-ca2fa0b8bae823d3.pdf, p. 39
- [3] 5526a4622c55a5c24744-r1-ca2fa0b8bae823d3.pdf, p. 61
- [4] 5526a4622c55a5c24744-r1-ca2fa0b8bae823d3.pdf, p. 57
- [5] 5526a4622c55a5c24744-r1-ca2fa0b8bae823d3.pdf, p. 58
- [6] 5526a4622c55a5c24744-r1-ca2fa0b8bae823d3.pdf, p. 62
What happened at oral argument
Oral argument began at 10:02 a.m. before the Supreme Court of the United States.
According to Chief Justice Roberts, chief Justice Roberts introduced the case as case 10‑10, Turner v. Rogers.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 5526a4622c55a5c24744-r1-ca2fa0b8bae823d3.pdforal argument transcript
Guide generated September 24, 2026. Automated validation accepted this version.