A fugitive people within a nation is tyranny.

Posts tagged ‘exploit’

Child Support, Prison & Crushing Debt

child support shacklesOf the 2.2 million people incarcerated in the United States, about half are parents, and at least 1 in 5 has a child-support obligation. For most, the debt will keep piling up throughout their imprisonment: By law or by practice, child-support agencies in much of the country consider incarceration a form of “voluntary impoverishment.” Parents like Harris, the logic goes, have only themselves to blame for not earning a living. But that may be about to change.

childsupportchart2016

What does this tell you about overdue child support?

Republicans opposed to new regulations

The Obama administration has authorized a new set of regulations that would reclassify incarceration as “involuntary,” giving parents the right to push the pause button on child-support payments. The regulations are set to be published early next year and implemented by states by 2017.

Congressional Republicans oppose the new policy. They argue that it would undercut the 1996 welfare reform act, which pressed states to locate missing fathers and bill them for child support so taxpayers wouldn’t bear the full burden of their children’s welfare. (What idiots, the debt can’t be paid anyway.)

“I am fundamentally opposed to policies that allow parents to abdicate their responsibilities, which, in turn, results in more families having to go on welfare,” Senate Finance Committee Chairman Orrin Hatch, R-Utah, said in a speech in June on the Senate floor. Obama’s new regulations, he said, “would undermine a key feature of welfare reform, which is that single mothers can avoid welfare if fathers comply with child-support orders.”

Frances Pardus-Abbadessa, head of child-support enforcement for New York City, said: “The complaint we often hear is, ‘Why should incarcerated fathers, of all people, be the ones to get a break from their obligations — and at a cost to the taxpayer?’ “

Administration officials and their supporters counter that billing fathers while they’re in prison does little but dig them deeper into debt.

“Billing poor fathers doesn’t help poor mothers and kids become less poor,” said Jacquelyn Boggess, a poverty expert with the Center for Family Policy and Practice.

“All it creates,” she said, “is a highly indebted individual.”

Debt piles up

For Earl Harris, the problem was keeping up. He had a job in prison, cleaning the kitchen, but it paid only $7.50 a month — well short of the $168 the state of Missouri was billing him.

“Didn’t they know I was in prison?” he asks. “Weren’t they the ones that put me in there?”

When he got out in 2001, the unpaid amount was listed on his credit report — and pursued by an agency with the power to garnish 65 percent of his wages, intercept his tax returns, freeze his bank account, suspend his driver’s license and, if he failed to pay, lock him up again. By then, his debt had surged to more than $10,000.

Harris entered barbering school but soon returned to drug dealing and was thrown back into prison for nearly a decade. Meanwhile, his child-support debt swelled to more than $25,000.

Incarceration currently deemed ‘voluntary’

Harris’s plight is not unusual. The Marshall Project interviewed nearly three dozen noncustodial parents in 10 states; they all left prison owing between $10,000 and $110,000 in child support. Mostly fathers who are disproportionately black and poor, these parents faced prosecution for not repaying the debt, even after their children were grown.

And what they were able to pay did not necessarily go to their children or the mother. The state often kept their money as repayment for welfare, child care or Medicaid benefits that had been provided to the family while the dad was locked up.

To address the issue, the Obama administration began drafting new rules about four years ago. As currently written, the rules would forbid state child-support agencies from classifying incarceration as “voluntary,” granting parents the legal right to a reduction in payments while they’re in prison, a right that does not exist in 14 states.

The rules would require agencies to inform incarcerated parents of this right and would encourage agencies to provide a reduction in payments automatically. And they would urge states to transfer all payments directly to custodial parents — mostly mothers — and their children.

The administration proposal would provide about $35 million over the next five years to modernize the child-support system and to provide job training, job placement, bus fare, and other services to fathers facing prosecution for nonpayment.

The rule “will make sure that arrears don’t accumulate endlessly while a parent is incarcerated,” said Vicki Turetsky, President Barack Obama’s commissioner of child-support enforcement. “Our goal is to collect, month by month, for kids. We can do that when parents are employed, not in debt.”

Hatch and House Ways and Means Committee Chairman Paul Ryan, R-Wis., have introduced legislation to block the new rules, though neither lawmaker has pushed to advance the measure.

Ron Haskins, a child-support expert at the Brookings Institution, said he and other conservatives actually support parts of the new regulations. But they worry, he said, that the policy “could begin a long process of undermining the child-support concept, which they strongly believe in.”

The struggle after prison

Back in North St. Louis, Earl Harris, now 38, has put in his hours as an apprentice barber and is one written test away from getting his license. In the meantime, he is living in a halfway house and working at a factory across the river in Illinois, packaging Febreze canisters and Swiffer mops.

His hours are 4 p.m. to midnight, though he arrives an hour early to make sure he doesn’t lose his spot to another temp worker waiting outside the building in hopes of getting a shift. After work, he typically gets a cousin to drive him back to his dorm room, where he sleeps from 2 a.m. to 6 a.m. before heading to his daily support group for fathers.

By 8 a.m. the dads are circled up, talking about having kids and debt. They have come because the program helps them find a job, develop strategies for handling their arrears and work on their parenting skills. They also get free legal help. Many of them were incarcerated, almost exclusively for selling drugs, and everyone is wearing a jacket and tie, the uniform of employment.

One father, Louis Moore, said his debt soared to almost $60,000 while he was inside. Allan Newcomer’s is more than $68,000. “Everybody in the penitentiaries was getting the letters,” Newcomer said.

Lisl Williams, a former judge who now works with the fathers, said even if they spend their money on food, clothes or toys for their children, it does not reduce their debt. In many cases, she said, the whole family — the mother, aunts, uncles, cousins — chips in to help pay it, and then the money they pay goes to the government as repayment for welfare they received long ago.

Because the fathers don’t have large incomes to garnish, bank accounts to tap or property to seize, she adds, they are more likely to face re-incarceration for not paying their arrears.

‘I know I’m the bad man’ (Oh, really?)

Another dad, Corey Mason, said he was incarcerated and already racking up child-support debt when he got a notice saying he might have another child by a different mother. He was instructed to go to the medical wing, get a DNA swab and send it to the agency. When they confirmed his paternity, he started getting a new set of child-support bills.

Mason sent several handwritten letters to the agency explaining that he was in prison. He said he never got a response. (So who is really bad? You know!)

Now that he’s out, Mason has a job at the Marriott hotel downtown. He works the graveyard shift, cleaning, shutting down the bar, providing towels to customers who ask for extra. Because the child-support agency garnishes well over half his weekly paycheck, he turned down a recent promotion.

“I want to grow in the company. But I don’t want to work that much harder if they’re just going to take all of it to pay for history,” Mason said.

“I know I’m the bad man. But I’m working harder now than I ever have, and it’s like this is designed to keep me behind, backed up against the wall, in debt for the rest of my life.” (Hear the defeat and fear? That’s what they want!)

Obama: ‘Too many fathers M.I.A, AWOL’

Obama has frequently scolded the same absentee fathers who now stand to benefit from his regulations. “Too many fathers are M.I.A., too many fathers are AWOL, missing from too many lives and too many homes,” he told a Chicago audience in 2008 as a candidate for president.

Some fathers interviewed for this story had multiple children — one man said he had 12 — by different mothers. Many seemed less than eager to find employment. A few served time for domestic violence.

Some mothers say these men do not deserve to be freed of their debt.

“There’s a real tension here, as a matter of public policy,” said Joan Entmacher, an expert on family poverty at the National Women’s Law Center. “There are absolutely fathers who evade their responsibilities, saying, ‘Oh, I can’t pay that,’ and not even trying. We don’t want to simply reward that attitude.”

Even if a father is a deadbeat, however, the evidence is clear: Noncustodial fathers are far more likely to pay child support, and otherwise reengage with their families, if payments are manageable.

In a 2012 study by the Center for Policy Research, a private nonprofit research organization, fathers paid a much higher percentage of their monthly obligations when offered relief from unpayable state-owed debt. In studies in Maryland, Illinois and California, fewer than 15 percent remained noncompliant once the old debts were reduced and they were given a schedule of regular payments. And the fathers most likely to abide by “debt compromise” agreements were those who had been incarcerated.

Boggess, the child-support analyst, said that trying to collect the accumulated debt is “like squeezing an empty bottle and hoping something comes out.

“These fathers are poor, period. Their arrears are uncollectible, period,” she said. “They’ve never even met anyone who had $30,000.”

States taking action

Many states have already taken action. In 36 states and the District, incarceration is no longer officially considered “voluntary” impoverishment, and an imprisoned father is legally entitled to have his monthly child-support bill modified to as little as $50 a month or, in rare cases, stopped altogether.

But it is still up to the father to prove he is incarcerated, and then to file for the reduction. This involves navigating a maze of paperwork from prison, usually with no lawyer, irregular access to phones and, in many cases, an eighth- or ninth-grade education.

The most common pitfall, said Bo Twiggs, the director of UpNext, a program in New York City that helps recently incarcerated fathers, is that the incarcerated dad has no idea his child support is piling up because he isn’t getting the notices. The debt keeps compounding – and federal law prohibits the reduction of child-support bills retroactively.

“It’s hard for these fathers to understand that they can’t wait, they can’t adjust to life in prison before dealing with child support, that they need to take action immediately because the debt will be permanent,” Twiggs said. “That’s really counterintuitive.”

When these fathers get out of prison, they often don’t notice the debt until the state begins pursuing it, “which forces them to go underground instead of rejoining the formal economy,” said Turetsky, Obama’s commissioner of child-support enforcement.

Indeed, research shows that the two most important factors in a former prisoner’s successful reentry into the community are employment and positive relationships with family. Both of these are hindered by the aggressive pursuit of child-support arrears: Garnishing 65 percent of a father’s paycheck, so he is tempted to earn cash off the books; suspending his driver’s license so he can’t get to work; sending him bills that are so far beyond his capacity to pay that he keeps his distance from his family.

“I see it all the time,” Twiggs said: “Not reengaging with the family. Noncompliance with parole and child support. Under-the-table efforts at income. Self-defeat, high anxiety, general institutional distrust. All of that is triggered by this absolutely overwhelming, impossible feeling of debt.”

portions from the Atlanta Journal-Constitution

Owe Money? You’re A Deadbeat

by Moody Jim Rathbone
child-support-sweep

these are the ‘good guys’

They want you shaking in your boots. If you owe child support in the United States, authority claims you are a “deadbeat.” People owe money for all kinds of debts, but that doesn’t make the person a deadbeat, nor are they called one. In fact, the current Administration wants you in debt to grow the economy, but most “deadbeat” parents with an average or less income don’t have any money to spend to support the dreams of the state. In fact, they don’t even have the mythology of the “American Dream” that American Presidents push like candy. They are too busy supporting the state and Federal government to prop up unconstitutional child support. It’s all about “justice” they say.

For example:

Early Wednesday morning, a group of Montgomery County sheriff’s deputies went around the county seeking “deadbeat” parents who have failed to appear in court for failing to pay child support. The nine parents taken into custody owe a total of $66,382.90 to nine children.

violation of due process and civil rightsIn fact, as far as these authorities are concerned, you owe them money. That is because according to Federal Law, you do owe the state. Child Support is federal debt per the Bradley Amendment for Social Security Administration. The Federal government pays the state corporations handsomely for collecting what debt they can, all backed and funded by federal taxpayer funds. It’s Constitutionally illegal, but justified by fed and state alike (as statute or policy) as they work together to pry money from “deadbeats” any way they can. The Feds may be financially bankrupt themselves, but you won’t have that privilege, if and when you decide to file bankruptcy. That is because President Bush signed eternal child support into law by modifying bankruptcy code. The state has all the rights. There is no way out in their eyes… you know, the death and taxes sort of thing. That is the sad path that this nation has taken – the path of exploitation, extortion and tyranny.

criminal conductIn this day, depending on the local authority around you, the sheriff is seeking to shame anyone that is behind on child support for any reason. They post your name, address and face on a billboard or online with your local newspaper. To authorities, your debt of child support is a public issue that is all your fault. The reality is entirely different. The state persecutes you because of corporate policy. You see, each court, each government department is a corporation that seeks to make money off of you. Many of them have decided that you will be cuffed and slapped in jail, with the expectation of coercing you to pay up your child support. The court doesn’t even need to be right. Much of the time, the ‘judge’ isn’t right – not even close.

kangaroo courtActually, these “family courts” are wrong 100% of the time. American ‘citizens’ are supposed to have Constitutional guarantees that preclude evil treatment by the authority of courts, family judges and those that take their orders from them. Due process has become fiction. Most attorneys are fearful of standing up for real justice. That justice certainly isn’t oppressing non-custodial parents, even if they are ‘guilty’ before the law (that means what they want it to mean). For that matter, human rights have become fiction too – even as the Feds point a finger of accusation at China or Russia. The Feds have made themselves the holy arbiter of ‘human rights,’ the church of morality. In the case of any court-ordered child support, your human right is for you to pay up and shut up. That is called tyranny.

Everyone is affected. Nobody is immune. They just think they are – immune that is. The only vaccination is to overthrow the tyranny.

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How the US Legal System Screws Poor Parents

father-child-in-prisonA system full of flawed logic that winds up hurting children more than it helps them.

by Wendy Paris

Walter Scott wasn’t just a black man in America shot by a police officer; he also was a divorced father. While debate rages about excessive use of police force, his death points to another troubling practice—the incarceration of poor parents for failing to pay child-support.

For the most part, these are not “deadbeat dads”; they’re dead broke dads. Seventy percent of unpaid child support debt is owed by parents with no or low reported earnings, according to the Office of Child Support Enforcement. Their ex-wives often are poor, too. For these families, our punitive child support policies function like a de facto debtor’s prison for fathers. This, at a time when divorce, more broadly, has dramatically improved for many. While family scholars and journalists voice concern about a growing “marriage divide”—the way that marriage has become almost a luxury good attained by the “haves” and eschewed or effectively denied to the poor—a similar sorting is happening with divorce and co-parenting.

On the one hand, celebrities such as Gwyneth Paltrow seek conscious uncouplings. Upper- and middle-class couples seeking divorce in the US benefit from ever-increasing psychological, financial, and parenting resources. The law itself has improved divorce for many. New legal approaches such as mediation and collaborative counsel can make filing itself a mutually uplifting experience. These forms of “alternative dispute resolution” help adults make good decisions for everyone in the family, and steer clear of the divisive, anger-escalating spectacle of family court. Divorce can be seen as another awkward life passage, one that generates laughs, as on Bravo network’s new show The Girlfriend’s Guide to Divorce.

kangaroo courtBut if a family finds itself in court, the system seems stacked against the poor. “Many states have two systems, one for married parents and one for poor people/welfare cases that are funneled through ‘paternity dockets’ where they barely get to say a word,” says Daniel Hatcher, a professor of law at the University of Baltimore and a prolific researcher of and advocate for child support reform. “It’s a tribunal that’s just about child-support and paternity. It’s crowded. Judges are jaded. They face huge case loads.” As the trend toward unmarried parenting continues, especially among the poor, these paternity dockets look to grow even more crowded, meting out rushed decisions to more families.

While in court, a non-custodial parent, usually the father, may have a chance to explain to a busy judge his financial situation—perhaps he’s unemployed and worried about falling behind on rent. In many states, the judge can decide that this father could be earning minimum wage, impute that income to him, and set a custody amount he must pay the mother of his child as a percentage of his potential (that is to say, fictitious) earnings.

great-child-support-incomeMaybe this obligation pushes him to scramble for a job. Perhaps it takes a few months. All the while, the child support debt has been accumulating. Now he has the monthly obligation plus back payment. (This is where the Bradley Amendment kicks in.) Some states terminate parental rights or throw a parent in jail or prison for back child support, or “non-compliance” with court orders. In South Carolina, the court can order the noncompliant father to appear to explain his delinquency, charge him $1,500 in the process, and jail him for up to a year. South Carolina is hardly an outlier. In Texas, a parent can be incarcerated even after he’s paid back his child support debt. (Texas is infamous for overcrowded courts, too. In one court in Harris County, Texas, a court master decided 500 paternity and child support cases in one day.)

Now the father is in jail; for some, like Scott, incarceration means the end of that great (or not so great) job. While in jail or prison, child support debt continues to mount in many states, some of which consider incarceration “voluntary unemployment.” In some states, you can apply for a child support modification while behind bars, but many parents do not know about this option, may find the process confusing, and may not realize their child support debt continues. Studies from a few states show that on average, a parent with a child support case enters jail or prison about $10,000 behind; he leaves owning more like $30,000. This debt is unlikely ever to be paid. The national child-support debt is more than $115 billion.

empty-pockets-robbed-court-orderIn South Carolina, if the non-custodial parent accumulates $500 in back child support while unemployed, the state can suspend or revoke his driver’s license as punishment. Say our unemployed father is a truck driver. Without his license, he’s lost his ability to work, and probably his sense of autonomy as an adult, and his willingness to cooperate with a system that’s working against him. As Scott’s brother Rodney told the New York Times, “Every job he has had, he has gotten fired from because he went to jail because he was locked up for child support. He got to the point where he felt like it defeated the purpose.”

Incarceration also prevents a parent from spending time with his children. Research from a variety of areas shows that when the non-custodial parent spends time with his children, he’s more likely to pay child support. Forty years of research on child development shows that children benefit from having a good relationship with both parents, or parent-type figures. Incarceration yanks a parent right out of a child’s life.

ebt-card-welfareIf a custodial parent—usually the mother—seeks Temporary Assistance to Needy Families (TANF, the program that replaced welfare) or food stamps, both parents are treated like bad children. The mother is required to name the father, establish paternity, and sue the father in court for support, even if they have an in-kind arrangement that’s working. The pursuit of child support can destroy relationships. The money, if he has it, often goes back to the state for supporting the brood, not to his children. Meanwhile, the dads who can’t pay may find themselves in jail or prison, unable to help mom in other ways, such as picking up the kids from school or throwing a ball around on weekends.

The logic flaw baffles the mind, and hurts the heart, especially since about half of the nation’s back child support is owed to the government. In many states, child support collected in the name of the custodial parent receiving government aid does not go to that parent. It goes to the government instead, to pay for the cost of the food stamps of TANF. “The idea is that if we’re supporting this mom, we should be able to go after the dad to recoup this cost,” says Hatcher. “The guidelines don’t really work for these welfare cases at all. Most policy is driven by discussion about cases where both parents are working, middle class families on up; you plug in both parents’ income and then transfer to the custodial parent. That doesn’t make any sense when the money goes to the government.”

How have we arrived at these anti-family policies?

captiveIn the 1980s and ‘90s, the notion of the “deadbeat dad” loomed large in the public conscious, in part because of one spectacularly flawed and widely-cited study—since retracted by its own author—that purported to show divorced mothers subsisting at a third of their former standard of living, while the fathers lived better than ever. For many custodial parents, child support is the road out of poverty. Much child support went uncollected, and enforcement policies were changed to improve the situation. Some policies worked; the Office of Child Support Enforcement today still publishes reports showing continued gains in money collected. Threat of jail was considered a good motivator for delinquent dads, and it may be in some cases.

When it comes to the poor, however, these policies can create more harm than good. Maybe some fathers refuse to pay out of spite, while some mothers actively want their children’s father behind bars, if he’s violent, for example. But as research from a variety of areas shows, most of these poor families are fragile relationships, perhaps begun while very young, both people harboring hope for a future of stability and cooperation, even reconciliation or romance.

scarlet-letter-adulteryOld ideology probably contributes to our current policies as well—a view of faltering families that’s about as enlightened as something out of The Scarlet Letter. In England, Elizabethan Poor Laws of 1601 authorized towns to sue fathers of unwed mothers to reimburse them for assistance provided to their children. Early “bastardy acts” allowed colonies to incarcerate pregnant unwed mothers to protect the state from the financial burden of the child. Today’s laws are not as different as you’d expect. Lurking underneath lies an entrenched view that fathers are the lazy enemies of their own families, and poor mothers, in some way brought this on themselves. (You see this kind of view in the comments section of a recent piece in Concurring Opinions by law professors Naomi Cahn and June Carbone on the child support link in the Walter Scott affair.)

Some of the resources benefitting middle and upper-class divorcing couples help the poor, too. Technology, for example, allows those across the economic spectrum to read about their state’s laws online and access forms without shelling out for a lawyer. Courthouses around the country now have staffed self-help centers to guide pro se litigants (a.k.a. the do-it-yourself divorcees) through the paperwork. Increasingly, lawyers offer “unbundled” services, a consultation on an hourly basis. Most states have parenting classes and workshops for divorcing parents. Surveys show, and casual conversation confirms, wide satisfaction with these workshops.

Scott-police-fatal-shootingBut unmarried parents as a group get fewer resources, and if one parent sues the other in court, the kind of Orwellian child support laws that dogged Walter Scott kick in across the states. The overarching principle is the best interest of the child (a legal myth), but this aim gets subverted in policies that hurt the whole family.

There are solutions, the most promising of which take a problem-solving, rather than punitive approach. In Virginia, child support enforcement workers have begun reaching out to employers to find work for non-compliers, rather than more jail time. The state also has retooled its child support guidelines and begun launching programs aimed at helping poor fathers improve job-hunting and parenting skills. Some states have experimented with assessing child support only if a non-custodial parent has a minimum reserve of income. States, including California and Ohio, have passed statutes requiring the exercise of discretion rather than automatically referring certain child welfare cases to child support enforcement services.

In Maryland, Hatcher has worked on legislation to allow the state to automatically disable child support arrears during incarceration. This reform passed, but is not widely enforced. Hatcher notes that one stumbling block to reform is poor communication between child support enforcement and the criminal justice system.

This problem of poor communication—long the dominion of marriage counselors—is one I’ve seen repeatedly in my own research on divorce. I’d assumed that bad divorces result from a dearth of good ideas, but found instead that there are creative, humane solutions coming from a variety of states and various disciplines— and abysmal communication of them. In divorce, as in marriage, good communication may be the best way to suture a gap.

overthrow

The Character Assassination Of Black Men

reposted from ThinkProgress by Moody Jim Rathbone

Baltimore Police Commissioner Anthony ButtsOn Wednesday, the Washington Post obtained a Baltimore Police Department document, which states that a prisoner in the vehicle transporting Freddie Gray heard Gray “banging against the walls” and “intentionally trying to injure himself.” The Post was given permission to publish the information, provided that the name of the witness remained anonymous, yet the newly-released details counter previous reports about the events leading up to Gray’s death. What is consistent, however, is police departments’ selective release of information that paints people injured or killed by police in a bad light — and mainstream media’s decision to buy into it.

Since Gray’s death, BPD’s missteps in arresting him have been well-documented. In widely-publicized videos of the arrest, Gray yells in pain as three officers drag him to their van. They refused to give Gray, an asthmatic, an inhaler. They didn’t put his seatbelt on. And sometime between his arrest and hospital admission, Gray’s voice box was crushed and his spinal cord severed.

But of all the documents compiled during the course of BPD’s investigation, the one given to the Washington Post offers a different narrative: that Gray injured himself. That document minimizes officer responsibility for the 25-year-old’s death, and it’s emblematic of a larger police strategy to deflect blame.

Scott-police-fatal-shootingIn some instances, officers make false claims that are eventually disproved. Before video of Officer Michael Slager shooting Walter Scott in the back surfaced, North Charleston police claimed Scott grabbed Slager’s Taser and attempted to use it. The Cleveland Police Department said Tamir Rice was sitting at a table, was told multiple times to put his hands up, and reached for his gun before officers shot and killed him. Video later disproved the department’s claims.

In other cases, police disclose background information that has nothing to do with the encounters in question, but which seems to undermine the character of someone who is no longer alive to defend themselves. Sanford Police told the Orlando Sentinel that, prior to his death, Trayvon Martin (who was killed by a private citizen and not a police officer) was suspended for an empty marijuana baggie. In the case against Officer Johannes Mehserle, who shot Oscar Grant in the back while he lay on a train station floor, defense attorneys brought up Grant’s criminal background and history of resisting arrest.

Other times, officials reveal details that fuel local outrage. After Brown was shot and killed by Officer Darren Wilson, the Ferguson Police Department released a video of Brown robbing a convenience store. The day before, Captain Ron Johnson took to the streets in solidarity with peaceful demonstrators, and many believed the tide was turning. However, the ill-timed release of the video was subsequently perceived as a power play to distract from Brown’s death.

equal justice fraudBut cops aren’t the only group to affect smear campaigns against victims of lethal police force, as evidenced by the Post’s decision to publish the BPD document. As noted by Al Jazeera, the New York Times published an article about Brown’s recreational activities, saying “he dabbled in drugs and alcohol” and detailed his “rebellious streak.” The Associated Press tweeted that Renisha McBride, who was shot and killed by a Detroit homeowner, was intoxicated. CBS and NBC reported that Scott had a bench warrant for missing child support payments. Northeast Ohio Media Group detailed Rice’s father’s history of domestic violence.

And since the Washington Post article was published last night, people have taken to social media to express their anger:

WaPo isn’t simply smearing someone murdered by police, they are profiting off of smearing someone murdered by police. #FreddieGray

— Remi Kanazi (@Remroum) April 30, 2015

So the Washington Post reports an unnamed prisoner is claiming #FreddieGray willfully injured himself in transport van. For real y’all.

— ReBecca Theodore (@FilmFatale_NYC) April 30, 2015

Complete takedown of the lies spread by the Baltimore Police & Washington Post on #FreddieGray http://t.co/N0aYK0ZETe pic.twitter.com/QALCmbKQOu

— Shaun King (@ShaunKing) April 30, 2015

overthrow

Walter Scott and the Need for Child Support Reform

by Joy Moses

Scott-police-fatal-shootingWalter Scott’s death was striking because a police officer fired eight shots at him while his back was turned. When something so tragic occurs, observers tend to wonder why. The officer’s actions and utter disrespect for human life can never be justified. But recently, the New York Times published new information about Scott’s split second decision to run — his child support case. According to his brother, “Every job he has had, he has gotten fired from because he went to jail because he was locked up for child support.”

Elements of Scott’s story reflect existing concerns about the child support system. A debate over potential large-scale reform is more than a decade overdue. The seeming impossibility of change has always loomed ominously large, overshadowing calls for reform and pushing them into the dark corners of the policy world. However, at this current political moment, there are national conversations about policing, bipartisan criminal justice reforms and an existing White House initiative focused on men and boys of color — concepts that would have seemed laughable just a few short years ago.

indigent in America

child support can make a man indigent

There are some fathers who absolutely refuse to care for their children and they should be held accountable. However, the current system reaches well beyond that group, creating negative consequences for men who are rarely credited with being caring parents and are simply too poor to pay. The political explosiveness of the “deadbeat dad,” a figure that some researchers say sprang out of the same sources as his female counterpart (the “welfare queen”), helped distort the foundations of child support policy. The system seems to partially rest on underlying beliefs that low-income men, and especially those who are black, avoid work and financially providing for their children at all costs while also being permanently childlike and in need of both discipline and lessons on how to behave.

Over the years, the program has effectively served many families (transferring funds from one parent to another) for which it should be applauded. However, policies built on a foundation of stereotypes about numerous men who don’t want jobs stand in stark contrast to the reality of numerous jobs that don’t want the men. Researchers like William Julius Wilson (More Than Just Race), have documented decades long trends of disappearing job opportunities for low-skilled workers as well as increased criminal justice involvement which further leads to employment discrimination.

billboard-crimeWhen entities spend significant time on activities that fail to help and that actually hurt parents and families, it’s often useful to redirect their energies elsewhere. Reforms should shift the program mission and values away from damaging racial stereotypes that hurt families of all races and towards efforts to accurately diagnose the needs of families and take ‘pro-social’ action to address them.

One useful primary goal would be to comprehensively address the family law needs of low and middle-income families, helping with a very real challenge — the increasing and extraordinarily large number of families who can’t afford an attorney or who don’t feel comfortable representing themselves in legal matters. In doing so, agencies should assume that parents of all racial and class groupings share in a desire to care for their children, suggesting that they be treated with respect and provided with quality customer service. This would build upon efforts to accurately identify bad dads whose non-payment is rooted in an adamant refusal rather than their economic circumstances.

chronic-stressWith such a vision, services would start to look much different. No longer treated as enemies of the state, low-income fathers would be less likely to literally and figuratively run away from child support. The sole focus wouldn’t be on a father’s monetary value but on improving father-family relationships. Court decisions and unaddressed legal needs would be replaced by model practices like mediation that support mothers and fathers in making their own decisions for their families. Punishments like imprisonment would be replaced by employment assistance. And other proposed reforms designed to guarantee child support for women and children would avoid potential incentives to hound men for unaffordable reimbursements of funds states pay out to women and children.

Some states have already experimented with such reforms, finding positive results that have included increased child support payments by fathers and greater parental satisfaction with agency services. The Obama Administration has encouraged states to adopt these best practices while proposing helpful new rules. However, there are limits to the changes that can occur without Congress overhauling currently existing state requirements and incentives.

We need a fruitful, progressive conversation that abandons a focus on the status quo and reform efforts that toy around existing edges — instead choosing a new vision for the future that endeavors to do the hard work of changing the culture and functioning of a system that means so much to so many.

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Of course, there is no mention in this article about U.N. Treaty or the Bradley Amendment, which prohibits child support arrears from being changed or removed – but the article does pretend to care (and is much kinder than I am). Meanwhile, the welfare queens still have control over America at great cost to all Americans. – MJR

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The Child Support System Should Support Families, Not Government Coffers

Child support is considered an antipoverty program because it forces noncustodial parents to contribute financially to their children’s care.

dollar bondageBut it also operates as a government cost-recovery strategy by reimbursing states and the federal government for benefits paid to mothers on behalf of children. As such, families on Temporary Assistance for Needy Families only receive about a quarter of the child support collected on their behalf. The majority of states keep all child support collected on behalf of these families, and fewer than half allow even a small pass-through of the child support they collect — typically $50 — to go to the child.

Child support orders are also proportionately very high given many men’s low incomes — 70 percent of the national uncollected child support debt is owed by noncustodial parents who have no quarterly earnings or who have annual earnings of less than $10,000.

disabled dadSome fathers pay up to 65 percent of their wages in child support and arrearages to the state. Such a high level of garnishment would severely strain almost any person’s budget, and drives many low-income men into severe poverty or the underground economy.

We now know that many low-income fathers want to contribute financially, but face barriers, including a lack of education and training, lack of employment and employment opportunities, race and class discrimination, criminal records and lack of credentials like a driver’s license, permanent address and previous work history.

Child support will never reach its full potential for providing income for our most vulnerable families without fundamental changes.

Child support payments should be passed through to the custodial parent in their entirety instead of being used to recoup government spending on children.

consentPayments should be set reasonably, with greater flexibility to adjust to the noncustodial parent’s income. Fathers can now request a review, but only if they know their rights and can navigate the judicial process, which the majority do not.

Fathers need to be armed with the training and skills to compete in this global economy so they can support themselves and pay child support. Training and employment supports can be either mandatory or voluntary, but they should be available.

slavery to childrenPunitive methods to coerce a “deadbeat” dad into paying, like incarceration, should only be used in cases where fathers demonstrate that they have the means to pay, but are unwilling to fulfill their obligations, not when they are unable to. The federal Office of Child Support Enforcement itself has said that “the average incarcerated parent with a child support case has $10,000 in arrears when entering state prison, and leaves with $20,000 in arrears. Not only is this debt unlikely to ever be collected, but it adds to the barriers formerly incarcerated parents face in reentering their communities.”

Kenneth Braswell is the executive director of Fathers Incorporated, a nonprofit organization that promotes responsible fatherhood and mentoring.

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