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Unconscionable Debt Collection Practices of Child Support Enforcement

by Giovanni LoPresti

As an American Citizen, you want to believe that any person can rely upon judicial fairness in a child support proceeding. The outrageous child support law on the books today is designed to treat all child support debtors like a piece of garbage. The wisdom of common sense, respect, judicial fairness, doesn’t exist under the present law. The mastermind of this unconscionable child support enforcement law was created by former Senator Bill Bradley of New Jersey.

His Senate Bill modified U.S. Code Title IV-D (42 U.S.C. § 666(a)(9)(c)) which requires state courts to prohibit retroactive reduction of child support obligations. The law abolished the statute of limitations, created a civil judgment by operation of law on all child support debtors, allows adverse credit reporting, allows a cost of living adjustment every two years, allows for review of child support orders every 3 years, without a showing of substantial change in circumstance, allows for a suspension of drivers licenses, passports, professional licenses, income withholding, tax intercepts, unemployment & workman compensation intercepts, requires citizen to provide their social security numbers, requires employers to utilize new hire directory to see if a child support debt is owed, provides locator services, requires health care coverage to be provided by either or both parents, and requires a debtor citizen to show proof of substantial change in circumstances necessary in request for review outside 3-year cycle.

I would like to focus on the requirement of proof of substantial change in circumstances necessary in requesting a review of child support outside 3-year cycle. The law offers no guidance whatsoever on what constitutes a substantial chance in circumstances. Similarly, the Office of Child Support Enforcement offers no guidance either. With no guidance whatsoever, the law requires payments to be maintained without regard of a citizen’s ability to pay.

In my view, common sense and judicial fairness would dictate that an injury, illness, loss of employment at no fault of a citizen, whether temporary or not, would constitute a substantial change in financial circumstances? Nonetheless, family court judges throughout the United States have consistently rejected a child support debtor’s request for child support reduction under these circumstances. I asked myself over and over again, why are family court judges are so mean and lack understanding and compassion? The answer to this question is going to shock you.

Under the present law, there is a presumption that child support award is correct and a citizen debtor has the ability to pay or find similar work at the same rate of pay, even if you’re not making the same amount of money. Put simply, Congress has provided family court judges physic abilities to determine a citizen earning capabilities. I find this horrifying, but family court judges find no shame in it. I have heard endless horror stories of citizens whose financial circumstances changed, and denied judicial fairness in family court. Unfortunately, this is what will likely happen if your financial circumstances change:

1. Unemployment or workmen compensation garnished at the full amount.
2. Your ability to support yourself doesn’t matter.
3. Fall behind at no fault of your own, driver’s license, professional license, passport
revoked.
4. Your credit will be destroyed.
5. You can expect armed law enforcement showing up and putting you in county jail
for failure to pay child support.
6. Tax refund intercepted.

WHY A CHILD SUPPORT DEBTORS ARE DENIED JUDICIAL FAIRNESS
WHEN FINANCIAL CIRCUMSTANCES CHANGE

My researched has revealed that most Americans are unaware that our federal government reimburses States 66% of collection cost expended for child support enforcement, see Title IV under the Social Security Act. This doesn’t bother me, but the additional incentive dollars the States receive to treat citizens like garbage does. Under Title IV:

States receive additional incentive dollars for:

a. paternity establishment
b. order establishment
c. collection on current support cases
d. cases paying towards arrears
e. cost effectiveness
f. performance

baby moneySo regardless of a child support debtors changed financial circumstances, a family court judge will routinely deny any request for a reduction or, even a temporary reduction. The unfortunate truth, family court judges armed with physic abilities to determine a citizen’s earning abilities, don’t care. They are the front line in defending the State’s performance incentives. A family court judge will bully a citizen by denying any type of relief sought, suspend your driver’s license, professional license, passport, may incarcerate you for failure to pay child support without a finding of ability to pay, intercept your tax return, garnish your unemployment or workman’s compensation, destroy your credit, and your home State will receive additional incentive dollars from our federal government for doing this to you. This is not only insane, cruel, unconscionable, but definitely creates an appearance of impropriety.

States routinely incarcerate child support debtors, without any determination that they have the ability to pay. Our States actually get paid additional incentive dollars from our federal government for incarnating a child support debtor. The States routinely tell citizens that they are court ordered to pay child support and find them in civil contempt. However, the court order is also a civil judgment by operation of law. Did you ever hear of any situation whereby any judge would allow any person to have a slice a cake and eat it too? For example, if you obtained a civil judgment against me, you can’t suspend my passport, driver’s license, professional license, intercept my tax return, garnish my unemployment or disability check, hold me in contempt, and jail me for failure to pay a debt. Special thanks to our federal government, state government are permitted to have a slice of cake and eat it too.

burning the constitutionThe last time I checked, the 14th Amendment prohibits States from denying any person within its territory the equal protection of the laws. The federal government must do the same, but this is also required by the 5th Amendment Due Process Clause. All citizens should be entitled to judicial fairness in any court proceeding. I urge all citizens to write their elected officials and asked them to repeal this unconscionable law. Alternatively, send your elected official a strong message and vote them out of office. A debtor citizen cannot rely upon judicial fairness in a family court proceeding, if a State has a financial interest in maintaining additional incentives dollars.

The Homeless Dads: The Bad Deal Divorce

John McElhenney still tries to see the balance in his divorce decree. But after losing everything twice, he’s convinced we men need to fight for equal consideration after the marriage has ended.

empty-pockets-robbed-court-orderThe typical divorce is actually pretty painful. The standard DEAL is almost an assault to fatherhood, and we need to fight to change it. In the most common arrangement, Mom gets the kids and house, dad gets the child support payment. It’s how things used to work. But today, unfortunately, the courts still go by this structure unless there is significant fight to something difference.

There are a few problems with this pattern.

chronic-stressThe non-custodial parent is assumed to be a deadbeat when they are calling the AG’s office. You are segmented into custodial or non-custodial parent at the beginning. If you are the non-custodial parent the only reason you’d be calling is you are behind on your child support.

When we complain about unavailable dads, or dads that check-out after divorce, here are a few of the reasons why.

  1. The child support burden is a lot of money.
  2. Dads might be resentful of the “money only” role they are being put in.
  3. When dad is asked to leave the marital home they are often forced to move in with family members or friends, this is largely because of the cost of child support.
  4. In addition to $500+ per kid in child support (estimate) the dad is also asked to pay for health insurance. (Today, in my case this is an additional $1,200 per month with two kids.

burning the constitutionSo let’s see, I’ve got no home. I’m paying $1,200 a month for child support and $1,200 a month for health care. How can I afford an apartment? If I don’t have a killer job ($2,400 after tax expenses before I get a dollar for myself or my survival. Well, that’s a pretty steep hill to climb.

IF the playing field were equal, I would guess a lot more divorces would be negotiated in good faith. Today, even if you declare a collaborative divorce, the issue of money is liable to strike the dad in the pocketbook in a way the mom, to start out with, does not even have to consider. RARE is the case where the dad is given full custody and the mom pays child support.

Shouldn’t we start with 50/50 in both financial responsibility AND parenting time? This is the fight we are fighting in the courts today. I’m considering going back to court to reset the arrangement. I was attempting a collaborative divorce, but in the end I was handed this lopsided deal. I have to earn over $3,000 per month (taking taxes out BEFORE I pay the mom) before I have a chance at even putting food on the table.

baby moneyThis leaves a lot of dads as deadbeats, not because they are actually trying to shirk their responsibility, but because the mom and the court have saddled them up with so much financial liability that they cannot afford to make the payments each month. At that point the dad is subject to financial liens, foreclosure, and checking account freezes.

You know what happens when the AG’s office freezes your account?

  1. The bank charges you $57 – $150 for the freeze.
  2. The bank processes no further payments (rent, car payments, even your child support payments)
  3. You bounce checks.
  4. You’re credit get’s screwed.
  5. You end up with an additional $200 – $400 in fees.

And you know what the AG’s officer will tell you? (The Humans Of Divorce, Dear AG’s Office Special Cases Officer Mr. McK!)

indigent in AmericaFair treatment of fathers begins at the beginning of the relationship. BEFORE you have kids, you can agree to parent 50/50. If that’s the deal, you should have the discussion about if things don’t work out. (I’m not talking prenuptial, just an understanding) In my marriage we started out 50/50, but as soon as she decided she wanted a divorce (yes, it was her idea) the arrangement went to the cutting floor and I was handed the dad deal. A bad deal for everyone.

As the dad can’t afford a nice place for the kids to come visit, they want to come visit less. As mom’s house maintains some of its status and comfort (important for the kids) the dad is left in the cold to fend for himself AFTER he makes all the payments to help the mom stay in the house and live within the lifestyle the couple achieved TOGETHER. Except now it’s not together. And the cooperation you started with before you had kids, becomes a longterm ground war between “the money you owe me” and the money you can afford to pay without suing your ex.

Dad’s are just as important as moms. Even with young kids, the loss of either parent (my dad left when I was 5) is on of the most painful aspects of divorce. For the dad it is doubly devastating: the no longer have a house, and the courts and the AG’s office have now put their credit at risk, making employment and ability to pay even more difficult.

Consider the dads. If you’re a dad consider the courts and get an attorney who can show  you examples of winning in court for fair arrangements.

captiveThe money after divorce should be divided equally. Anything else puts man men at risk for debit issues, credit issues, and put them at risk of suicide and depression. Let’s put the balance back in divorce. Give both parents the benefit of the doubt. And both parents should be advocating for a 50/50 split in the same spirit they entered parenthood, with expectations of a 50/50 partnership. That partnership doesn’t end at divorce. But if we load up the man with all of the financial obligations and punish him for being late on a payment or two, we are hurting all the members of the family. The mom loses when the dad’s account is frozen. Even if the mom didn’t want it to happen. Once you’ve asked the AG’s office into your divorce, they never leave. (Inviting the Dinosaur Into Your Divorce)

We need fair divorce laws. We need courts that will listen to the needs of both parents and consider 50/50 parenting as the desired outcome. Until we stand up and fight for equality AFTER marriage we will continue to be on the losing side of the post-marriage equation.

original article

Social Media Attack: Arizona Is Enemy of ‘Deadbeat Dads’

gov-Arizona
Arizona Governor Doug Ducey announced yesterday the state would begin publicly shaming fathers who owe child support by posting on Twitter their names, photos, and the amount of child support they owe. The Twitter account, run by the Arizona Department of Economic Security (DES), has already shamed its first dad — and Ducey plans to shame a whole lot more.

“For too long, you’ve been able to remain anonymous, able to skirt your financial and legal responsibilities with no shame,” Ducey said during his State of the State address on Monday. “Well here’s a new one for all the deadbeat dads out there: effective immediately, the state is going to begin posting the photos, names and money owed by these losers to social media, with the hashtag ‘#deadbeat.’”

The issue dates back to a 1999 law requiring the DES to post names and photos of individuals who owe child support to its website. Ducey, who said he’s referred to as the “hasthtag governor,” apparently wants to take it a step further for 421 parents who owe what the state considers to be a significant amount in overdue child support, a DES spokeswoman told CNN Monday. Ducey ended the announcement with a stern ultimatum: “If you don’t want your embarrassing — unlawful — and irresponsible behavior going viral: man up, and pay up.” (Doesn’t all the hubris seem strange in light of all the trouble the state of Arizona is having dealing with property liens and back child support issues?)

from the Verge

Sure, this is unconstitutional, but the downward-spiraling United States doesn’t care about that. Are you worried about an online confrontation? You should be. First, if you are stupid enough to blog and use social media with your real name, perhaps you deserve what you are getting when they find your account and start sending you messages. My advice is to close your current accounts if they are in your legal name and open others – or simply try changing your name on your current account. That just might do the job, but it won’t stop them from broadcasting your name. I can imagine that some hackers like Anonymous are going to go after Arizona’s public accounts and social media. After all, these bullies aren’t all that savvy – just bullies with an attitude. – MJR

Arizona Child Support Lien Screwup Infuriates Thousands

old-techThousands of Arizona residents that paid off their child support debt continued to be marked as subject to property liens because of a state Department of Economic Security screwup. The ongoing furor finally drove the agency to do something about the problem, according to insiders. Dozens of people had to be hired to help figure it out. Officials say the problem is “almost fixed.”

When asked about the snafu, DES officials acknowledged that a lengthy review of closed, past-due child support cases completed last year showed that 8,241 people should have had their liens removed. The agency also determined that 14,016 open child support cases need to be audited for liens that should be released; that review will occur sometime this year.

court orderThe state has about 321,000 active child support cases, with the state and county splitting them roughly in half. Besides typical cases, the state automatically receives cases that involve federally assisted foster care, as well as recipients of Medicaid  or welfare. Under previous rules, if someone ordered to pay child support were to fall more than two months behind, an administrative lien would be placed on all current and future property they own. (The state recently changed that to four months.) It is claimed that the lien prevents the person from selling the property, typically a home, until the past-due payments are satisfied. That isn’t exactly true as long as the payment is made before the house closes. If a parent who paid the past-due amount attempts to buy or sell and home and finds that a lien hasn’t been released, a title or mortgage company can submit a request to DES’ Division of Child Support Services, which sends the proper information to the companies “within 48 hours.”

The problem was that “liens were not properly tracked and documented,” according to information provided by Tasya Peterson, DES spokeswoman. Computer hardware from the 1980s at the agency, including a mainframe ATLAS system, “allows for user entry errors.”

homelessAt terminals with green monochrome monitors, workers over the years tracked only court-ordered liens in the archaic computer system, then later switched to tracking both court-ordered and the DES administrative liens, confusing the process. The old system could only store a few cases for a limited time so older cases were constantly archived on magnetic tape.

The agency discovered the source of the problem in April 2013 and hired the Child Support Lien Network to complete the review. While that project took two years, the audit of the 14,016 open cases should only take about two or three months.

“The Department believes its response regarding this issue has not resulted in delay or harm for the obligated parent,” she wrote. “A lien that has not been released does not affect the obligated parent’s credit report as liens are not reported, only balances.”

Of course, no parents were interviewed. This article is just how “the state officials” feel about the matter. Parents could be living in a car or on the street for all they care – as long as “officials” can justify how “the state” feels.

Maryland, Prison & Unrealistic Child Support

As lawmakers meet in Annapolis this month to examine possible reforms to the state’s criminal justice system, we hope they will take a hard look at a related issue as well: The plight of inmates who fall behind on their court-ordered child-support payments, which continue to accumulate while they’re behind bars and which leave them with crushing debts they cannot possibly pay off when they are eventually released. [“American Poverty: An American Criminal Subclass“}

That’s because inmates who are ordered by the courts to make child support payments that seem reasonable when they’re working lose those incomes — but not their obligation to pay — while they are incarcerated. The amounts in arrears can climb into the tens of thousands of dollars, and because these convicts emerge from prison saddled with a criminal record, it can be difficult, if not impossible, for them to find a job that allows them to pay off what they owe. All too easily, their involvement with the state’s child-support enforcement authorities can leave them with a lifetime of indebtedness.

The consequences for them and their children can be devastating. Sixty-five percent of the inmates in Maryland’s prisons are parents, and most of them want to participate in some way in their children’s upbringing. When they can’t, it’s likely to not only alienate them from their partners and children but also to compound the problems they face finding a job, getting an education and avoiding returning to a life of crime.

Some inmates come out of prison so overwhelmed by accumulated debt and shamed by their inability to pay that they are actually discouraged from contacting their families. Others feel the only way to meet their obligations is by selling the drugs that got them incarcerated in the first place. Both are inimical to policies aimed at enlisting the support of families in the re-entry process.

The federal government and some states, including Maryland, have explored pilot re-entry programs that match up newly released inmates with service providers, such as the Center for Urban Families in Baltimore, that offer temporary housing as well as job training and employment counseling. But such programs are small compared to the need. States must begin focusing on preparing incarcerated parents for release earlier and helping them navigate child-support issues so they don’t emerge from prison thousands of dollars in arrears with little prospect of ever paying such sums off.

In Maryland, custodial parents are entitled to collect child support even when the non-custodial parent is incarcerated. If an inmate can’t pay, and if the family is eligible for public assistance, the state pays an equivalent amount to the custodial parent, then seeks to recover the funds upon the incarcerated parent’s release.

Under a law passed in 2012, state authorities can temporarily reduce or suspend inmates’ financial obligations while they’re in prison. But they can’t alter the terms of a child support order issued by the courts to reflect an inmate’s reduced earning capacity while locked up, nor can they forgive accumulated debt that is owed directly to a custodial parent rather than to the state. [“Unemployment, Child Support & Bradley Law“; “Bradley Law and Real Justice“; “The Bradley Amendment Child Support Mess“; “New Legal Research Available on Bradley Amendment“]

Nevertheless, Maryland could significantly ease inmates’ re-entry into society if its laws allowed child support officials to modify child support orders to reflect inmates’ actual earning power on release. The state already has a debt abatement program that allows inmates have their cumulative debt reduced by half if they make their support payments on time for 12 straight months; if they continue doing so for 12 more months the state can forgive entire amount remaining in arrears.

That represents progress, but it doesn’t take into account the fact that most recently incarcerated parents still won’t earn enough to make regular payments at the same level that was set based on their earning power before they went to prison. So they fall behind on their payments again and the vicious cycle of debt accumulation resumes.

Lawmakers could address this problem by authorizing The Department of Human Resources to modify court-ordered child support payments to make them more accurately reflect the current earning power of recently released inmates. That simple change would allow many more inmates to pay off what they owe the state as reimbursement for public assistance to their families, but leave undisturbed payments owed directly to a non-custodial parent. Moreover, it would cost the state relatively little to forgive debts that, in any case, stood very little chance of ever being collected.

Critics may charge that such a plan amounts to a free ride for deadbeat dads and moms. It isn’t. Rather, it’s simply a recognition that most people in Maryland’s prisons are poor and that saddling them with mountains of debt for unpaid child support is counterproductive. Nationwide, four out of 10 single parents live below the poverty line. Nobody’s is going to get rich because of a change in the law that acknowledges that reality. It’s in everyone’s interest to bring parents recently released from prison out of the shadows so they can begin to fulfill their obligations to their families and their communities.

from the Baltimore Sun

Texas Secretly Pushing Child Support on County Offices

Wichita County Tax Collector/Assessor Tommy Smyth said more unfunded mandates pushed onto his office may be a recipe for disaster.

Smyth spoke at the Wichita County Commissioners meeting to provide information about a request to fill a position for a deputy collector in his office.

In the past 12 months, he said, while already wrangling changes with the one sticker-two step program for vehicle registration and inspection, tax offices were informed by the state that beginning in March, the office must deny services to people who owe back child support. [“American Poverty: An American Criminal Subclass“, “Unemployment, Child Support & Bradley Law“, “Bradley Law and Real Justice“]

Smyth said there was also talk that two more mandates might be added in the next six months.

“We had a conference in June in Lubbock and there was no mention of what was going to be dropped on us in November in San Marcos,” Smyth told the court.

“You can only push bureaucracy so far to a certain point, and then something has to be compromised,” he said, likening the situation to an employee at a restaurant who was running a register, taking orders, cooking and cleaning.

In that situation the business’ service, food and reputation could be compromised, he said.

“It’s the same thing in county government, it’s the same thing. We’re trying to provide optimum services to the citizens of Wichita County. I think we do a Cracker Jack job of it. We’ve got Cracker Jack staff, but we’re not in control,” Smyth said.

Several problems arise from the tax offices serving as a filter for child support enforcement, he said.

Smyth noted that if the state attorney general’s office had been successful in finding these people delinquent on child support, the people would have been notified already instead of pushing it onto the tax offices.

“More than likely when that somebody walks up to our window and one of our deputies says, ‘Sir/madam, we cannot do your transaction.’ They bought a $58,000 pickup, but can’t do tax and license on it, it’s going to get very contentious,” Smyth said.

Another problem could be the merging of another database and software download.

In March the office merged with the Department of Public Safety’s system.

Smyth said they have run into situations at times with the one sticker-two step system where the other entity did not do a download of their software and the system was not up to date.

He gave a possible example of someone who paid child support on a Friday, then comes in Monday to register vehicle, but the system was not up to date in showing the individual’s payment.

“When that individual comes in our office, we have to decline them. Well, the minute you decline somebody, you inherit a very contentious situation,” he said.

“The call volume that we associate with this child support, I can’t even get my arms around it. I mean, I have no idea,” Smyth said of the calls and complaints the tax office could receive about the new mandate.

from the Wichita Falls Times Record

Tennessee Struggles With Child Support Debt

justice and moneyMothers who make no effort to identify father of their children could have a cap on the number of years in which they can go back and seek child support.

“We’re asking the legislature to consider allowing a law that says you can’t go back any more than five years,” 9th Judicial District Attorney General Russell Johnson said.

Johnson said his office collected $8.173 million in child support during the 2014-15 fiscal year and led the state in establishing orders in cases.

An inability to pay is a problem many defendants run into, according to Johnson.

“What’s happening is these dads, usually dads, sometimes mothers, owe tens of thousands of dollars in child support going back 18 years at some point,” Johnson said. “They’ll never get it paid.”

To convey his point, Johnson’s office looked at the number of inmates in the Roane County Jail with child support issues as of Dec. 1.

Two were in custody on a child support hold only, and another 10 were in jail with criminal and child support holds.

The total child support arrearages for those 12 inmates was $343,210.54.

“Right now, you place a child support amount from birth until 18,” Johnson said. “In a lot of cases, most of these are not typically just people coming out of divorce with kids. They are people who have had kids out of wedlock, which is a common thing.”

Johnson’s office handles cases free of charge in Magistrate Charles Crass’ court for custodial parents who have either a divorce decree or court order requiring someone to pay child support.

“The court and the state can’t relieve you of paying the child support,” Johnson said. “It’s going to be there forever. Judge Crass just can’t say well that’s OK, don’t worry about that $20,000.”

A law that puts a cap on the number of years a person can go back to seek child support could force parents to take advantage of their rights sooner.

“You’ve got to immediately file something for paternity and get that going and get that person identified,” Johnson said. “You can’t wait until right before the child is about to turn 18 and go back and say, ‘hey, John Doe, you’re the father of my child, let’s have a DNA test and prove it, and now you’re owing 18 years of child support you didn’t know about’.”

The next session of the Tennessee General Assembly starts in January.

“That’s something the legislature is going to look at,” Johnson said.

If that happens, Johnson said it could also cause the legislature to look at some of the problems the court system is having with defendants who can’t pay their fines and court costs in criminal cases.

original article at Roane County News

While states struggle with their child support issues, the federal government takes support from any available source, including social security and tax offices. Men continue to be cut down by unconstitutional and cruel law like the Bradley Amendment, which prohibits any retroactive change in child support.

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