A fugitive people within a nation is tyranny.

Posts tagged ‘enforcement’

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

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Child Support: Income That Doesn’t Exist’

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Human rights in the USA

“When people have orders that they can’t comply with, it doesn’t motivate them to work and pay. It does the opposite,” says Turetsky of the Office of Child Support Enforcement.

She says too many men quit jobs, turn down promotions or go underground when courts set child support orders too high. One problem, she says, is that when there’s no evidence of income, many jurisdictions “impute” it, often basing payments on a full-time minimum wage job.

“I’m going to call it magical thinking,” Vicki Turetsky says. “You could call it the income we think you should have. But the bottom line is that it is income that does not exist.”

The child support system was set up four decades ago, and Turetsky says it seems stuck there — as if a man with no college can still walk into a factory tomorrow and pull down middle-class wages. In fact, a large majority of child support debt is owed by men who make less than $10,000 a year.

“We’re asking that [women and children] become dependent on men who are just as poor as they are,” says Jacquelyn Boggess of the Center for Family Policy and Practice.

When parents face incarceration for nonpayment, it can burden entire families. Boggess has seen men’s mothers, even their ex-girlfriends or wives, step in to pay to keep a father out of jail. And child support debt never goes away, even if you declare bankruptcy or when the children grow up.

“We found that there are 20- and 30-year-old children who are paying their father’s child support debt, so their father can keep whatever small income they may have,” she says.

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Balancing Responsibility And Reality

Among the Obama administration’s proposed changes to child support rules is a provision barring states from letting child support pile up in prison. There is wide support for that, even among conservatives.

“Everyone agrees, yes, we should be tough,” says Ron Haskins of the Brookings Institution. “But if a father goes to jail for five years, should he owe $15,000 in child support when he comes out? You know that guy’s never going to have $15,000 in his whole life.”

More controversially, the administration wants to make sure child support orders are based on a parent’s actual income.

“We can’t be naive when we’re dealing with parents who have walked away from providing for their children,” says Robert Doar, of the conservative American Enterprise Institute.

Doar, who used to head child support enforcement in New York state, says there will always be some parents who go to great lengths to hide income. He does support suspending debt during incarceration and more job training programs — but he worries that the proposed changes would make it too easy to dismiss cases as “uncollectible.”

“We’re talking about poor, single parents, often moms,” he says. “And the child support collections that they get, when they get it, represents 45 percent of their income.”

Republicans on Capitol Hill have filed bills to block the proposed regulations. They worry they’ll undermine the principle of personal responsibility, a hallmark of child support enforcement measures in the 1990s. They also say any regulatory changes should be made through Congress, not the administration.

Child Support Needs to Catch Up to Reality

By Ruth Graham

dad-with-kidsONE KIND OF FAMILY is the one in an old greeting-card picture: two parents, one or more kids, all under one roof.

But another kind of family has become more and more common over the last several decades. We tend to call it “single parenting,” but it is really better described as an unmarried mother and father living apart, their children, and the government whose laws regulate their relationship.

That set of laws is the child-support system, and it covers 17 million American children—about a quarter of them. But that system is nearly 40 years old, established during a different economy, and built on an old model where the mother was the caretaker and the father simply brought home the bacon. Today, a group of critics is saying the system needs an update, not only to be fair to adults but to avoid hurting the children whose interests it is supposed to serve.

These critics are particularly focused on the role of fathers, who make up the vast majority of noncustodial parents. Fathers are overwhelmingly the target of the current system’s narrow focus on collection and enforcement. And for middle-class and high-income men, it may make sense to require simply that they pay up or else.

But 29 percent of families in the system have income below the federal poverty line, and many more have great trouble making ends meet. Since the system was first put in place, out-of-wedlock births have become less stigmatized and more common, while devastating wage stagnation has hit male workers. As a result, there are legions of low-income fathers far less able to hold up their end of the deal. They may find themselves unable to pay child support, and yet caught in a system that expects nothing else from them.

“Child support is a remnant of the days when we used to think that dads didn’t matter,” said Kathryn Edin, a sociologist at Johns Hopkins University who has spent years researching the ways poor American men cope with unmarried parenting. “With our right hand we’ve pushed these men away; we’ve said, ‘You’re worthless.’ With our left hand we’re picking his pocket….That’s how it feels to him.”

Today, Edin is one of a growing number of academics and policy makers looking at struggling families in the 21st century and concluding that the child-support system needs to do better. They envision a system that would more closely link providing and parenting, and would take a more pragmatic view toward the ability of disenfranchised men to come up with money they simply don’t have, while still benefiting the children the system is designed to serve. What exactly would that look like—and what would it take to make it a reality?

If forced to choose between child-support payments and buying diapers and winter coats, many fathers will go for the option that looks more like parenting than taxation.

THE CHILD-SUPPORT SYSTEM as we know it dates to the 1970s. It was originally a bipartisan policy reform, designed primarily to serve a population of parents who were divorced and steadily employed. Divorce meant there had been a marriage in the first place, and that custody agreements had likely been worked out. Steady employment meant the system could garnish wages directly from a parent’s paycheck if necessary.

Today, however, the lives of many low-income parents look dramatically different. Marriage rates among the poor have plummeted, so there often is no divorce to provide a formal structure for parents’ responsibilities. And employment prospects for men with low education are dismal. “We have a 1970s narrative about a 2010s reality,” Edin said.

hillary-clintonA central character in that narrative is the “deadbeat dad,” a figure who emerged in American culture in the 1980s. One moment served as a catalyst: In 1986, Bill Moyers interviewed a New Jersey father of six named Timothy McSeed for a CBS report titled “The Vanishing Family: Crisis in Black America.” McSeed bragged on camera about his “strong sperm,” and cheerfully admitted he didn’t support any of his children financially because “I’m not doing what the government does.” Editorial columnists seized on the shocking interview, and the segment went viral in a time when that meant more than a few easy clicks: Requests for the tape poured into CBS, including an order for all 7,500 schools in the California public school system. CBS News said it was the largest-ever demand for one of its products.

With this cartoonish bogeyman looming over the cultural and political landscape, the child-support system focused on collection and enforcement. Shortly afterward, Congress passed a law forcing states to be stricter about collecting past child-support debts. The approach was bolstered intellectually by a 1979 book by a University of Michigan law professor, “Making Fathers Pay,” which argued that aggressive enforcement measures, including incarceration, could corral deadbeats into complying with child-support orders. In 1996, President Clinton’s welfare reform act again strengthened the government’s enforcement powers against noncustodial parents.

There have always been, and will always be, some fathers who are not interested in fathering, and who would never help out if the law didn’t force them to. But recent research by sociologists and others who work with low-income fathers suggests that is far from typical. For their poignant 2013 book “Doing the Best I Can: Fatherhood in the Inner City,” Edin and coauthor Timothy Nelson conducted wide-ranging interviews with 110 low-income fathers in and around Philadelphia over the course of seven years. They found the majority of men were thrilled to become fathers, even though the pregnancies were rarely planned and their romantic relationships and employment situations were often unstable.

Overwhelmingly, Edin and other sociologists have reported, 21st-century fathers do intend to provide for their children. Many of them fail, in the financial sense. But what Edin found, encouragingly, is that with few opportunities to succeed financially, many have crafted new definitions of what exactly it means to be a good father: emotional availability, consistent commitment, and direct fulfillment of their children’s concrete needs and desires. As one father told Edin, “That’s what kept me going in prison, knowing that I had to come out and be there for them.” Although low-income fathers remain much less studied than mothers, other researchers have found similar enthusiasm for parenting. In her 2002 book, “My Baby’s Father: Unmarried Parents and Paternal Responsibility,” Maureen Waller, an associate professor of policy analysis and management at Cornell University, interviewed both men and women who agreed that a father’s economic support was necessary but insufficient to qualify him as a good parent.

If forced to choose between child-support payments and buying diapers and winter coats, many fathers will go for the option that looks more like parenting than taxation. That may be particularly true in cases where a mother is on welfare, because then the father’s child-support payment typically goes directly to the state, sometimes with a token amount “passed through” to the mother and child. “Dads talk about that conundrum,” said Ronald Mincy, a professor of social work at Columbia University and coauthor of the forthcoming book “Failing Our Fathers: Confronting the Crisis of Economically Vulnerable Nonresident Fathers.” “They have to choose between meeting the formal order on the one hand and meeting the child’s informal needs.” If they choose the latter, they become “deadbeats” in the eyes of the law.

Yet researchers say that both mothers and fathers tend to prefer informal agreements, all things considered. If their relationship crumbles—trust is often low to begin with—or if the father gets distracted by a new family, informal agreements can disintegrate, so the formal child-support system is a crucial safety net for mothers and children. But it’s also a system that can alienate fathers from their children, sometimes by literally putting them in jail. Even the burden of debt can be enough to drive a wedge: Waller’s ongoing research suggests that men with outstanding child-support debts have less contact and involvement with their children.

Though mothers undoubtedly have benefited from the child-support system, there’s also a case to be made that they are its victims in a way, too. Unlike parents themselves, the formal system assumes that the custodial parent is the only one with real authority. “If we give in to the notion that the mom ‘owns’ the child, if that’s the default position, then the mom is also responsible for the child,” Edin said. “Moms just end up holding the bag for everything, and men are cast out of society. That is a very bad deal for women.”

OVER THE YEARS, the child support system has improved in one measurable way: enforcement. “The reach of the child-support program, it’s stronger than the IRS in some ways,” said Jessica Pearson, who directs the Center for Policy Research and has been studying child-support policy since the 1980s. The Federal Parent Locator Service draws on national databases to track down noncustodial parents and enforce payments; in fiscal year 2013, state (and tribal) programs collected $32 billion in child support, and the amount distributed has been steadily rising for years.

That’s good news for the families who have received this money. But more than $100 billion in child-support payments are still in arrears, and research suggests that most of that is essentially uncollectible because the fathers simply do not have the money. (About a quarter of that money is owed to the government.)

Would a more enlightened system—one focused less on enforcement, and more on involvement—do a better job of keeping eager fathers involved with their children? If so, it would mean broadening the state’s approach from one that is primarily punitive to one that works with fathers, presuming that most of them want to be good parents.

Some small signs of progress seem to be on the horizon. Last month, the federal Office of Child Support Enforcement began circulating a 41-page list of proposed new regulations to modernize the child-support program. (Child support programs are administered by states, but the federal government influences state policy and how it is implemented.) The new rules would make changes like allowing states to spend federal child-support dollars on employment and training programs for fathers. Crucially, they also encourage states to take into account a man’s basic cost of living before making child-support calculations.

Scholars who work with low-income families all have their own favorite ways they would like to see the system change. Waller mentions limiting retroactive debts and revising policies on how states handle interest payments. Mincy would like to see the Earned Income Tax Credit extended more generously to noncustodial parents. Job training for fathers is another big focus: Small studies in New York and Texas have shown that if the state provides training for men who haven’t been able to pay child support, they are likelier to begin to comply. And almost everyone laments the fact that some states treat incarceration as “voluntary unemployment,” so child-support debts often balloon while men are in prison.

Experts also have ambitious ideas about how the system could help incorporate fathers into the lives of their children. Some would like to connect child-support and visitation agreements for never-married parents, the way that divorce court does. Some jurisdictions have experimented with versions of “coparenting court” to help unmarried parents negotiate a more complex agreement that covers more than just check-writing.

And language matters, too. Edin bemoans the widespread use of the term “single mother,” and the way that many government poverty programs are oriented solely around mothers and children. In fact, mothers who are truly single are vanishingly rare: In one way or another, fathers and boyfriends are almost always integral parts of the picture, and those relationships are assets we would do better to strengthen than ignore. She’d like to see researchers and policy makers adopt another phrase, one she hopes would remind us how many lives are at stake in all these arrangements. The term she prefers: “Complex fragile family.”

9 Members of Idaho Legislature Block International Child Support Treaty

by Moody Jim Rathbone

burningrightsinternetAn international agreement to make it easier to enforce child support orders throughout the world is in danger of not being ratified in the United States because of nine lawmakers in Idaho. And what is wrong with that?

Nine members of the House Judiciary, Rules and Administration Committee balked at sending legislation endorsing the agreement to the House for consideration. Without Idaho, the treaty will be dead in the U.S. because all 50 states must approve it. Idaho does not take tyranny lightly.

The Convention on the International Recovery of Child Support and Other Forms of Family Maintenance has been approved by 32 countries and 19 U.S. states so far. Idaho is taking a step in doing the world a large favor.

dad-slavery-2Yet, there is some dishonesty. Republican Senator Sheryl Nuxoll led the opposition to the measure, testifying to the House committee that it would subject Idaho to Sharia law.  You don’t have to object to Sharia to know that an international child support treaty is a bad idea. Look what international treaty has done to the United States so far. It pretends to do something it rarely truly does.

The treaty does allow states to reject cases that don’t meet state standards, which the Federal Government wants to be Federal standards.

we the peopleGratefully, Idaho has an ‘ornery streak.’ Many residents don’t take lightly to being told what to do. Having a foreign government telling them what to do raises more hackles. Idaho Representative Ryan Kerby s voted against it because he felt the federal government was implying, “You need to sign it, and if you don’t we’re going to beat the crud out of you. They were incredibly rude.”

If Idaho does not get in line to approve the treaty, federal officials are prepared to punish the state. At stake is $16 million in funding for Idaho’s child welfare system, which could be cut off within 60 days unless the legislature changes its mind. It is claimed that the loss of federal subsidies would cripple Idaho’s ability to enforce child support orders against parents. The state may also lose $30 million in block grants for children’s programs, which shows the truth about these matters in the eyes of the Feds. This has nothing to do with children. It’s about power and tyranny. Many of us already know of the tyranny of the Federal government by living it first hand. The Feds and the Hague want to have a power trip at the expense of all Americans.

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Repeal Bradley Amendment Under Silent Opposition

You will be interested to know that none of the candidates have shown an interest in discussing the destructive and abusive Bradley Amendment or have responded to repeated inquiries for so much as a comment on the matter. Lawmakers want to ignore the unconstitutional abuse that has blighted our nation.

Two months ago, the Lakeland Florida Ledger happily accepted and posted two of our sponsored videos online. Sunday morning, we received an unceremonious notice that they were removing the informational videos from their Brightcove Video website account. The status of the videos were noted as “not approved”.


The Repeal Bradley message is not a popular one. Politicians do not want to talk too loudly about the invasion of civil and human rights, nor care to deal with the controversy of unconstitutional family law.

We need caring people to help us turn up the pressure. Unconstitutional child support enforcement needs to be addressed as an election topic. If you have an opportunity to address any of the candidates, please do so. Please write your lawmaker and tell us that you have.

Your stand for the U.S. Constitution is a noble and just cause.

E. Manning

Child Support Audit Find Fathers Wrongly Punished

Glenn Sacks has an interesting factual commentary. A recent Missouri child support auditor’s finding that 27% of the state’s 240,000 child support cases have incorrect balances. Some of the errors have gone unfixed for nearly a decade, and have led to enforcement action against innocent men. Clearly, the federal enforcement of the Bradley Amendment depends on state records for accuracy.

Listen right here courtesy of Glenn Sacks.

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