Edward John Walker v. Ray McLain Sheriff of Lincoln County, Oklahoma

McKAY, Circuit Judge.

The issue in this case is whether an indigent person facing incarceration in a civil contempt action for nonsupport is entitled to have appointed counsel.

The relevant facts are not in dispute. After his divorce from his wife, petitioner was ordered to pay $500 per month in child support. Of this amount, $380 represented the children’s share of his monthly social security disability benefits, and $120 represented payments to be made out of petitioner’s income. Petitioner’s wife has received the $380 each month, but petitioner has never paid the $120 per month additional…