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Child
Support Guidelines - Support or Extortion? |
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Most
judges are breaking the law
as they please on child support
by denying due process, imputing
income only to men, forcing
you (men) into jobs they don't
want and many other violations
of constitutional rights.
This is intimidation to force
you to effectively become
a slave to the state and your
ex-wife. All this is
hidden under the claim this
is in the "best interest
of the children".
Who could argue with what's
best for the children is maximum
access to both parents?
Most fathers want to support
their children in ways other
than financially by having
them in their home. Child
support is effectively a blackmail
or extortion system whereby
the state takes you children
unconstitutionally, and then
uses that excuse to charge
you extortion fees weekly
for the privilege of NOT having
your children!
You will find here many pages
of true stories and reference
material. |
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This page has
a listing of all the information
on this site on the issue of
child support. Although much
is Massachusetts specific, the
worst state in the nation according
to many, the bulk of the information
outside of actual child support
calculation figures is likely
to apply. |
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Child Support
Enforcement is WELFARE. It is
paid for exclusively out of
the Title IV-D of Title 42 USC
655 & 42 USC 658. |
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3
Minute 50 Second Podcast on
the Issue |
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<http://www.census.gov/population/www/socdemo/hh-fam/cps2004.html> |
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Child-Support
Payments now 4.6 million - Number
of fathers who provide child
support. All in all, 84 percent
of child-support providers are
men, who provide median payments
of $3,600 annually. |
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http://www.census.gov/Press-Release/www/releases/archives/income_wealth/004012.html |
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Information
Offered to the Child Support
Review Committee: |
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Letter to Anne Archer
Child
Support Hearings Letter
Guideline
Review
Guideline
Debate
Guidelines
Hearings
Open
Letter to Child Support Review
Committee of Massachusetts
Judicial System
Child
Support Lunacy
Non-Father
Pays Child Support to Father
Fathers
Being Forced To Pay College
Costs is Not Legal
Child
Support Over 18 Years of Age
Child
Support or Child Extortion?
Child
Support During College
Child
Support Boondoggle
Child
Support Explained |
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Financial
Incentives and Kickbacks For
More Child Support: |
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Federal
Child Support Kickbacks
Audio
Podcast on How the State benefits
of denying Parental Access
Child
Support Kickbacks that help
create this fraud
More
on Child Support Kickbacks
Social Security, Welfare
and Child Support Enforcement
Fighting
Contempt for Non-payment of
Child Support
Retroactive
Child Support Legal?
Repeal
the Bradley Amendment
Child
Support Required of Wife
Deadbeat
Dad Propaganda Campaign |
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Child
Support guidelines would/should
meet the following criteria: |
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1.
Child support should only
be allowed when a father or
mother abandon their child
and refuse to take care of
them and the parents can not
agree among themselves what
that should be. It should
never be awarded if the parent
wants to care for their children
for 50% of the time. This
is now proven better for children
but the courts are still operating
of "scientific research"
from the 1950's. Giving custody
to the other parent (illegally)
is no reason to subject a
parent to child support.
2.
Child support should not create
the huge financial incentive
it does for the custodial
parent to get a free ride
on the other parent for 18-23
years. Child support would
be capped at some reasonable
and necessary level of expenses
per child and shared equally
by both parents, or in proportion
to earnings. When a divorce
happens it is ridiculous and
unfair to expect the standard
of living of two households
to remain the same when the
same income now supports both.
The second parent must work
more, as the first parent
was likely already working
full-time time. The second
parent can not be made to
work twice as much!
3. Child
support should be about the
incremental cost of the children,
not including the living expenses
of the custodial spouse. Child
support would take into account
the real costs and the percentage
of time the children spend
with each parent. Child
support should NOT be a function
of a parents income, but a
function of what a reasonable
and married parent would actually
spend on the children (Massachusetts
imply families spend 80% of
their take-home pay on their
children by charging dad 40%
of take-home pay in child
extortion.) Taking away a
parents right to decide what
to spend on their child after
divorce denies them a right
they have in marriage and
creates a class of people
that are discriminated against
by this artificially created
classification. |
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Massachusetts
Web site sources:
Child Support Enforcement Services
Frequently
Asked Questions About Child
Support |
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Other
Child Support Pages:
Child Support Kickbacks
Child Support or Child Extortion
Lunacy
CS Explained
Child Support is the Cause
of Many Suicides
Child support statistics
-
http://www.fathersforlife.org/CS/usa/child_support_data_us.htm |
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Arguments
to make in court and motions: |
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1.
You are a WILLING parent and
no criminal neglect or abuse
has been found against you.
The fact that you want to
be a parent is unacceptable
to the State and to the Mom
because in order to profit
from your children they have
to say you are not around
or have abandoned the children.
2. The State is engaged
in LIMITING your involvement
by ORDER.
3. The Mom is engaged
in LIMITING your involvement
by DENYING YOU MORE TIME.
4. The State and Mom
are now working together to
make the argument that you
have abandoned the family
because you are not present.
5. The State and Mom
are forcing you into having
to turn over your finances
(WARD OF THE STATE) to someone
else. You are being penalized
without a finding that you
have committed a crime.
6. The State and Mom
are BOTH welfare recipients
(State from Fed) (Mom from
State & You) because she
cannot maintain her own home
without your resources. The
State cannot fit you into
the Title IV-D Welfare model
unless you have limited involvement
with your child.
7. The State is aiding
in the neglect of your child
because Mom cannot sustain
her own Home and is a welfare
recipient. She is unfit and
the State and She is trying
to make you pay for it.
8. If the State wants
to limit your involvement
and your ex is denying you
contact, then the State should
be taking care of welfare
recipient, not you. You should
continue to enjoy the same
freedoms as before the separation. |
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Web
site dedicated to Child Support
Issues -
http://www.supportguidelines.com/main.html
Great Resources Page:
http://www.supportguidelines.com/resources.html
Recent Child Support Cases
http://www.supportguidelines.com/articles/news.html
Imputed income must be proven
by opposing side even when
past income has reached this
level |
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Buchholz
v. Buchholz, 166
S.W.3d 146 (Missouri Court
of Appeals, Southern District,
July 7, 2005): The trial court's
imputation of income to the
husband in the amount of $145,000
was not supported by substantial
evidence, despite evidence
that the husband earned approximately
$145,000 per year prior to
failure of his business and
his filing for bankruptcy,
and despite the court's finding
that the husband's testimony
concerning his efforts to
obtain employment was not
credible, since the wife presented
no evidence that the husband
had made less than a good
faith effort to obtain employment
or that such employment was
available, and nothing in
the record indicated that
the husband's diminished income
was the result of a deliberate
or voluntary attempt to avoid
support obligations. |
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L.
P. Hollander Company v. William
H. Porter, 267 Mass. 378; 166
N.E. 724; 1929
Common Law right of reciprocals
again: "When a father has
the duty to support his child
he has a right to determine
what the character of that support
shall be." |
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LEGAL
PRIMER ON CHILD SUPPORT
QUESTION:
What is the maximum amount
that they can take out for
arrearages in child support
under the law?
ANSWER:
The answer is provided in
15 USCS § 1673. Although
most creditors can only take
25% of your “disposable earnings,”
child support is divided into
three categories:
1.
If
you supporting others, no
more than 50% of your income.
2.
If
you are not supporting others,
no more than 60% of your “disposable
income,” unless arrears are
more than 12 weeks, which
it can go up to 65% of
your “disposable income.”
“Disposable
income” certainly includes
income only after taxes and
social security are removed.
The
law is unclear about child
support.
15
USCS § 1673 (2005)
§ 1673. Restriction
on garnishment
(a) Maximum allowable garnishment.
Except as provided in subsection
(b) and in section 305 [15
USCS § 1675], the maximum
part of the aggregate disposable
earnings of an individual
for any workweek which is
subject to garnishment may
not exceed
(1) 25 per centum
of his disposable earnings
for that week, or
(2) the amount
by which his disposable earnings
for that week exceed thirty
times the Federal minimum
hourly wage prescribed by
section 6(a)(1) of the Fair
Labor Standards Act of 1938
[29 USCS § 206(a)(1)] in effect
at the time the earnings are
payable,
whichever is less. In the
case of earnings for any pay
period other than a week,
the Secretary of Labor shall
by regulation prescribe a
multiple of the Federal minimum
hourly wage equivalent in
effect to that set forth in
paragraph (2).
(b) Exceptions.
(1) The restrictions
of subsection (a) do not apply
in the case of--
(A) any order for the support
of any person issued by a
court of competent jurisdiction
or in accordance with an administrative
procedure, which is established
by State law, which affords
substantial due process, and
which is subject to judicial
review.
(B) any order of any court
of the United States having
jurisdiction over cases under
chapter 13 of title 11 of
the United States Code [11
USCS §§ 1301 et seq.]
(C) any debt due for any State
or Federal tax.
(2)
The maximum part of the aggregate
disposable earnings of an
individual for any workweek
which is subject to garnishment
to enforce any order for the
support of any person shall
not exceed--
(A) where
such individual is supporting
his spouse or dependent child
(other
than a spouse or child with
respect to whose support such
order is used), 50 per centum
of such individual's
disposable earnings
for that week; and
(B) where
such individual is not supporting
such a spouse or dependent
child described in clause
(A), 60 per centum of such
individual's disposable earnings
for that week;
except that, with respect
to the
disposable earnings
of any individual for any
workweek, the 50 per centum
specified in clause (A) shall
be deemed to be 55 per centum
and the 60 per centum specified
in clause (B) shall be deemed
to be 65 per centum, if and
to the extent that such earnings
are subject to garnishment
to enforce a support order
with respect to a period which
is prior to the twelve-week
period which ends with the
beginning of such workweek.
(c) Execution or enforcement
of garnishment order or process
prohibited. No court of the
United States or any State,
and no State (or officer or
agency thereof), may make,
execute, or enforce any order
or process in violation of
this section.
15 USCS § 1673
The
term disposable income is
defined in 15 USCS § 1672:
15
USCS § 1672 (2005)
§ 1672. Definitions
For the purposes of this title
[15 USCS §§ 1671 et seq.]:
(a) The term
"earnings" means
compensation paid or payable
for personal services, whether
denominated as wages, salary,
commission, bonus, or otherwise,
and includes periodic payments
pursuant to a pension or retirement
program.
(b) The
term "disposable earnings"
means that part of the earnings
of any individual remaining
after the deduction from those
earnings of any amounts required
by law to be withheld.
(c) The term "garnishment"
means any legal or equitable
procedure through which the
earnings of any individual
are required to be withheld
for payment of any debt.
15 USCS § 1672
One
court has interpreted “disposable
income” as meaning income
after taxes, less one’s support
obligation.
“As
we construe title III of the
Consumer Credit Protection
Act (US Code, tit 15, §§ 1671-1677),
the maximum amount which may
be garnished from the earnings
of an individual for any workweek
is 25% of his "disposable
earnings" (i.e.,
after-tax earnings
[see US Code, tit 15, § 1672,
subd [b]), except in the case
of an order for support, in
which event the maximum is
50% of disposable earnings,
and up to 60% where the individual
receiving support is a spouse
or dependent child (US Code,
tit 15, § 1673).” General
Motors Acceptance Corp. v.
Metropolitan Opera Asso.,
98 Misc. 2d 307, 308 (N.Y.
Misc. 1978)
The
court also held:
The
above view of the Federal
legislation is espoused by
the Secretary of Labor, who
is charged with the enforcement
of its provisions (US Code,
tit 15, § 1676), and whose
interpretation, if not irrational
or unreasonable, is to be
accorded great weight ( Matter
of Howard v Wyman, 28 NY2d
434, 438; Brennan v Kroger
Co., 513 F2d 961). Petitioner's
contention that payroll deductions
required under a support order
should not be included when
computing the percentage reduction
of a [*309] debtor's
disposable earnings is not
an accurate reading of the
language of the statute.
HN4The term "garnishment"
is not restricted but includes
any legal or equitable procedure
through which the earnings
of an individual are required
to be withheld for payment
of any debt -- thus encompassing
orders of support as well
as ordinary creditor-debtor
garnishments (see US Code,
tit 15, § 1672, subd [c]).
The cases relied upon by [***5]
petitioner (e.g., Costa v
Chevrolet-Tonawanda Div. of
Gen. Motors Corp., 53 Misc
2d 252, affd 24 AD2d 732)
antedate the passage of title
III of the act, and are not
controlling. This court is
bound to give precedence to
the provisions of the Federal
statute (US Code, tit 15,
§ 1673, subd [c]), and we
decide the case in a manner
which will best further the
manifest congressional purpose
of maximizing a debtor's share
of his own earnings.
General Motors Acceptance
Corp. v. Metropolitan Opera
Asso., 98 Misc. 2d 307, 308-309
(N.Y. Misc. 1978)
Other
courts appear to disagree.
Alimony
and child support payments,
even if ordered by court,
are not "amounts required
by law to be withheld"
and therefore must be included
in debtor's "disposable
earnings" within meaning
of § 302(b) of the Consumer
Credit Protection Act (15
USCS § 1672(b)).
First Nat'l Bank v Hasty (1976,
ED Mich) 415 F Supp 170,
affd without op (1977, CA6
Mich)
573 F2d 1310
and affd without op (1977,
CA6 Mich)
573 F2d 1310.
Biweekly
wage assignment of $130 for
child support previously ordered
in dissolution of marriage
action is part of wage earner's
disposable earnings within
meaning of
15 USCS § 1672(b),
since amounts withheld pursuant
to court order are not "required
by law to be withheld,"
which means deductions for
federal, state and local withholding
taxes, and social security
taxes.
Koethe v Johnson (1982, Iowa)
328 NW2d 293. |
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Deadbeat
Dad Propaganda Continues
Progress is Being Made In
Father's Rights Now
Events like the one detailed
below are still happening
where the press and politicians
do not understand the real
problem is not "deadbeat
dads", this is just
a symptom. Unfair and illegal
orders for child support,
which are really "child
extortion", because
they are five to ten times
the actual cost of raising
a child are the REAL problem.
Fathers should be
paying only one half of
the actual cost of raising
children, unless THEY decide
not to do their part and
WANT to pay the mother to
take more responsibilities,
shifting some (not all)
of the financial burden.
The political establishment
is beginning to get the
message that things MUST
change, but there is a long
way to go on the "Shared
Parenting" journey.
Shared parenting is the
only constitutional solution
that respects the rights
of both fathers and mothers.
Politicians seek to cuddle
up to the feminist political
powerbase that has no male
equivalent yet. Times are
a changing though. Take
action. Join one of
these groups and contribute
$5 per month - instead of
tens of thousands a year
extra for up to 23 years!
This is an example of what
happens to NCPs who -- for
whatever reason -- fail
to appear in court to defend
themselves. This sort of
story -- and the actions
of these 30 people -- sets
the movement back years
and simply justifies those
in the Democratic Party
-- and elsewhere -- who
perpetuate the HOAX of the
"deadbeat Dad."
A Beautiful and to
the Point Letter
Reprint - Letter to
the Editor, The Trinitonian,
April 22, 2005, San
Antonio, Texas
Dear
Editor,
Your
April 15 article,
“Former rushing champ
pays for child,” said
that Ricky Williams,
former running back
for the Miami Dolphins,
was ordered to pay
$4,200 per month in
child support for
his son.
If
my math is correct,
this will equal $50,400
per year. Also,
if my math is correct,
according to calculations
from the 2004 US Department
of Health and Social
Services*,
this is approximately
the poverty level
for a family of 10
in Hawaii, where the
mother chooses to
reside.
Certainly both parents
should support their
child. But it is figures
like these that show
the Child Support
Industry is totally
out of whack. The
concept of 50/50 shared
parenting would bring
a much needed dose
of realism to a misandric
legislative and judicial
system.
Justice for fathers
is not found in family
courts; this must
change.
Don
Mathis
Most of us agree that
the child support
system is very wrong.
Take for instance
my case when I got
divorced. If $20,000.00
of the ex's income
is to go towards day
care, well then my
judge gave her another
$20,000.00 on top
of that. Basically
my ex is not supporting
my children, all she
is doing is letting
them sleep in the
house. My income is
roughly 750.00 before
taxes. Of that I must
pay $334 per week
for child support.
Another 75.00 per
week for day care.
and if my children
go to camp in the
summer which they
do, I must pay an
additional 1/3 for
the cost of the camp.
which this year it
came to 3200.00. then
I must pay 1500.00
(500 per child) in
clothing allowance
on September 1st and
December 1st. Oh and
the house that we
owned together, when
she sold it. I had
to pay not only for
my divorce lawyer,
but hers as well,
and she was the one
who wanted the divorce.
All this the judge
gave her because he
once practiced law
in the same firm as
her lawyer. But you
figure out the math.
I am forced to live
on a meager existence
of around 75 dollars
a week. Thank god
I have a girl
friend.
Fathers
are carrying the entire
financial burden of
children and more.
This is NOT equal
rights for women!
Elmer
Stratton <ebstratton@comcast.net>
wrote:
Disabled
for the last year,
unable to get a
doctor to clear
me for work, a year
of no income and
finally getting
disability of 846
dollars a month.
So
this puts me behind
about 6, 000 dollars
in support, the
mother and her lawyer
is demanding 1,000
dollars by Tuesday
or they will ask
the judge for jail
time.
I
made the mistake
last month of borrowing
1,000 dollars, but
now there
isn’t any way I
can come up with
any money, most
of my family know
it would be next
to impossible to
repay, But the mother
thinks 30 days in
jail will produce
1,000 dollars.
I’m
really thinking
of not going to
court Tuesday, so
I can spend the
holidays with my
family, but couldn’t
with my youngest,
because the mother
would have me arrested.
Not in the next
few weeks my 5 year
old will have her
tonsils removed,
and there is no
way I can help her
through this.
It would be nice
if all available
people could protest
the court, mother
and her attorney,
because I feel they
would be right if
I was eligible to
go to work, but
I’m not.
People often say you
can’t get blood from
a stone, but the court
will surely try,
Also
finally after 8
month my motion
to modify will be
heard but not before
going up about 3,500
dollars, no way
can I believe the
court will agree
to it retroactive.
Elmer
ebstratton@comcast.net
|
Parents Without Rights and
Florida Civil Rights Council
POB
480089, Fort Lauderdale,
Florida 33348-0089
URL:
www.ParentsWithoutRights.org and
www.CRCFlorida.org
VOX: 954-630-3655
BLOG:
http://parentswithoutrights.blogspot.com/
Parents
Without Rights sponsors
the JAIL 4 Judged:
http://groups.yahoo.com/group/FloridaJail4Judges/
Parents
Without Rights sponsors
the CRC's class action suit:
www.IndianaCRC.org
Parents
Without Rights is the Florida
liaison for the Million
Dads March. Please visit
www.MillionDadsMarch.org
Michael the Black Man is
changing! Coming soon, the Michael
the Black Man Television
Program. Please visit
www.Boss-Media.net
Miguel
Martin needs YOUR support
for the class action suit
he filed in behalf of all
non-custodial parents in
Florida:
www.ParentsBeforeTheCourt.org.
By The Associated Press
NEW HAVEN, Conn. (AP) --
State marshals arrested
30 parents accused of owing
more than $1 million in
child support payments during
a sweep conducted in New
Haven County Friday night
through yesterday. The roundup
was an effort by the state
attorney general's office,
the Department of Social
Services, the Judicial Branch
and the State Marshal Commission
targeting parents who have
ignored orders to appear
in court for unpaid child
support.
Six parents arrested each
owed more than $50,000 in
back support payments, and
17 owed more than $20,000
apiece, authorities said.
"This sweep sends a
stark and simple message:
Show up in court or you'll
be picked up," Attorney
General Richard Blumenthal
said. "Whether they
are dead broke or deadbeats,
parents have an obligation
to appear in court and to
support their children."
Blumenthal added that enforcement
such as the arrests over
the weekend is only one
part of the solution. He
said the state also needs
programs to reconnect absentee
parents with their children,
strengthen emotional bonds
and encourage parental responsibility.
Social Services Commissioner
Patricia Wilson-Coker said
the weekend's sweep was
an extreme measure, but
it served as a reminder
that the state will do everything
possible to ensure that
children get the financial
support they deserve.
Parents who were arrested
were taken to the Whalley
Avenue jail in New Haven.
Those who posted bail were
given court dates to face
contempt hearings. Others
who were unable to post
bond were to appear in court
today.
Odds are
most of these people have
been financially crushed and
devastated by the child support
orders they got from courts.
Would a dad who was married
go to jail for losing their
job, or falling behind on
financial obligations? - Never--
that would be illegal!!
Judges assume
any father who is not making
their child support payments
is purposely "under-employed"
and uses intimidation, jail
and lack of due process to
get money out of dad. This
is almost never the case with
mothers, showing great sexual
discrimination, or invidious
gender discrimination.
http://www.cse.state.ma.us/reference/CSEEnforcementServ.htm
Here, MA admits the transferral
of child support to the wider
middle class as Lary has enumerated...
Due Process
Provisions
In Gray
v. Commissioner of Revenue,
422 Mass. 666 (1996), a case
questioning whether DOR could
seize property of a child
support obligor in satisfaction
of child support arrearages
where the obligor was repaying
the arrearage at the rate
ordered by a probate court
judge, the Supreme Judicial
Court found that DOR’s procedures
for administrative enforcement
passed constitutional muster.
The court rejected the noncustodial
parent’s claims both that
his due-process rights were
violated and that the seizure
and the statute under which
it took place violated article
30 of the Massachusetts Declaration
of Rights, relating to separation
of powers. With respect to
the separation of powers claim,
the SJC found that the Legislature’s
conferring power upon DOR
to levy property was not essential
to the probate court’s power,
and in fact it enforced the
court’s authority under the
order. Nor did the court find
that DOR’s action was an unconstitutional
executive modification of
the court’s order, finding
instead that the seizure was
not in conflict with the decree,
but entirely consistent with
it. Finally, the court rejected
the due-process claim, noting
that the seizure had been
preceded by a trial in which
the arrearage was set, and
that notice and an opportunity
for administrative review
had been provided. Looking
at the governmental interest
at stake, the court observed,
"It is hard to imagine
a more compelling state interest
than the support of its
children." Id.,
at 675.
§ 9.32
CONCLUSION
As
child support becomes the
critical safety net for families
leaving or avoiding public
assistance, the mission
of the program continues to
expand. At its inception in
1975, Congress created a federal-state
partnership designed to increase
child support collections
as a means of reimbursing
the public fisc for public
assistance costs. Since then,
Congress has expanded the
mission to require states
to provide services to families
not on public assistance,
in the expectation that regular
payment of child support will
enable these families to remain
self-sufficient. Congress
has also pushed states to
strengthen their enforcement
remedies, with an ever-expanding
arsenal of tough enforcement
tools, ranging from universal
wage assignments and computer-driven
seizures of income and assets
to license revocation and
criminal prosecution.
Automation
will reach approximately 60
percent of child support obligors.
In Massachusetts, for example,
if the noncustodial parent
has a job, a bank account,
or a driver’s or professional
license; collects unemployment
or worker’s compensation;
or pays taxes, DOR can probably
collect support. It is more
difficult to get at the self-employed,
the unemployed, the underemployed,
and the "under the table"
employed. This remaining 40
percent will therefore require
a multi-pronged strategy for
a multi-dimensional problem:
high-visibility criminal prosecutions
and other tough enforcement
initiatives to continue to
galvanize public attention
and encourage voluntary compliance,
accompanied by more sophisticated
outreach programs that support
positive and responsible involvement
of fathers in the lives of
their children and include
collaboration with "seek
work" and job training
programs for low-income, unemployed
fathers.
As a result
of the welfare reform debate,
in a short amount of time,
the long-term harmful consequences
on children of growing up
in a single-parent family
have reached the public’s
awareness. With a third of
children born out of wedlock
and half of marriages ending
in divorce, more than half
of the children of this generation
will spend at least part of
their childhood in a single-parent
household. Of these, an estimated
73 percent will experience
periods of poverty during
their minority, as compared
to only 20 percent of children
raised with two parents in
the home. Perhaps worse than
periodic economic deprivation
are the increased risks of
other social disadvantages.
Children growing up with only
one parent are three times
more likely to have a child
out of wedlock, 2.5 times
more likely to become teen
mothers, twice as likely to
drop out of school, and 1.4
times as likely to be idle
-- out of school and out of
work as young adults. They
are at greater risk of substance
abuse, depression, juvenile
delinquency, and a host of
other social dysfunctions.
These risk factors cut across
race, sex, parents’ education,
and place of residence. McLanahan
and Sandefur, Growing Up with
a Single Parent, pp. 2-3,
Harvard University Press (1994).
While
Congress and state legislatures
should not legislate morality,
they can support parent education
programs that strengthen marriage
and discourage out-of-wedlock
births. Today the cultural
norms that militate against
marriage -- as reflected in
television, movies and just
everyday life -- seem well-entrenched.
But not too long ago, the
same might have been said
about drunk driving and smoking
tobacco. Well-conceived and
well-executed campaigns to
educate the public can work.
And child support agencies,
as the frontline professionals
who deal with the fallout
of divorce and unmarried parentage,
are particularly well positioned
to assist in this endeavor.
By requiring
states to put in place comprehensive
child support programs, Congress
has put teeth in the concept
that becoming a parent and
having children creates an
irrevocable, nontransferable
lien on the income and assets
of each parent. Responsibility
for financial support should
not be transferred to the
other parent or to the taxpayer
except in extraordinary circumstances.
Moreover, there will never
be a good record on payment
of current support unless
states are also tough on collection
of past-due support. Today’s
current support unpaid becomes
tomorrow’s arrears. Yesterday’s
arrears, if not vigorously
pursued, lead obligors to
believe they can ignore today’s
current support. When an obligor
is permitted to accrue an
arrearage with impunity, he
or she has no incentive to
comply with current support
payments, and there is little
to deter future noncompliance.
For some, this is undoubtedly
a tough stance. However, children
need support on time and in
full every week. And for those
parents who do regularly make
the necessary sacrifices to
pay in full, it acknowledges
their commitment by taking
steps to ensure that all parents
fulfill their financial responsibility
to their children.
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Constitution Click Here
Parental
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The claim
has been made that "The
only debt you can be sent
to jail for is child support
becuase they have called it
"not a debt" to
get around the other laws.
"
This is inaccurate because:
a) child support IS a debt
like any other debts when
it becomes due. There is nothing
special about it and therefore,
maybe dealt with like any
other ordinary debt i.e. it
is subject to the Fair Trade
Act, Fair Debt Collection
Practices Act, the Consumer
Credit Protection Act, and
the protections of the Bankruptcy
Code, etc, hence subject to
discharge in bankruptcy.
and as they can not jail one
for debt, they can not do
so either for child support.
UNLESS, the debt (child support)
was incurred through fraud
which would make it criminal
and an offence punishable
by imprisonment.
In fact part of my Adversarial
Proceeding argument on April
24 in Worcester, deals with
this issue of child support
being an ordinary debt.
Also see United States
v. Bongiorno, 106 F.3d 1027,
1032 (1st Cir. 1997), it was
held that "state-court-imposed
child support orders are 'functionally
equivalent to interstate contracts'",
rejecting the idea that child
support payment obligations
are somehow a "different"
kind of debt. Lewko
at 68-69.
See also:
U.S. v. Sage, 92 F.3d 101,
107 (2nd Cir. 1996)(child
support is a commercial debt),
and U.S. v. Parker, 108 F.3d
28, 30-31 (3rd Cir. 1997)(child
support a common, commercial
debt)(The activity regulated
by the Act [Child Support
Recovery Act] falls within
the broad definition of commerce
adopted in Bishop. Failure
to make required payments
gives rise to a "debt"
which implicates economic
activity).), U.S. v. Faasse,
265 F.3d 475 (6th Cir. Michigan
2001)(child support is a debt
under the Commerce Clause).
2- Therefore, if they imprison
one, by implication it indicates
criminal contempt (as opposed
to civil contempt that would
be the domain of child support).
And if it is criminal contempt,
then one could invoke one's
Constitutional right to remain
silent and not respond.
AND, the court would have
to appoint a lawyer for one,
if they go the route of criminal
contempt (imprisonment).
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