A fugitive people within a nation is tyranny.

Posts tagged ‘garnish’

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

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The Brilliant Idea From Europe That Could Revolutionize Child Support

by Bryce Covert

Scott-police-fatal-shootingWalter Scott, a father to four children, was shot dead by a police officer later charged with first-degree murder while running away from him. One of the many questions some asked after the news of the shooting broke in the national press was why he might flee such an encounter. His family said it was because he owed so much in unpaid child support. “I believe he didn’t want to go to jail again. He just ran away,” Walter Scott Sr. told the press.

If this is why Scott ran, his fear wasn’t necessarily unfounded. At least one in eight incarcerated South Carolinians were jailed over the last decade after failing to pay child support, and across the country as many as 50,000 parents may end up behind bars for the same reason. This punishment is perhaps the most extreme end of the aggressive measures states use to go after noncustodial parents who don’t pay up, which also include wage garnishment, revoking driver’s and professional licenses, and taking away passports.

captiveBut this strategy doesn’t necessarily help the parents who need child support, usually single mothers, and does little to help the fathers get jobs that pay enough to allow them to send money to their kids. A jailed father can’t earn any income, but his child support debts often keep accruing. Many states don’t allow people to reduce or suspend their child support obligations while they’re in jail, so they end up leaving with $15,000 to $30,000 in debt. They also face a more difficult time finding employment when they get out.

Yet child support is a vital source of income for custodial parents, and single mothers are particularly likely to be poor, with more than 40 percent of them living in poverty. Among poor parents who actually receive child support, it makes up four-tenths of their income. But just 43.4 percent got the full amount they were owed in 2011; on average, parents are owed an unpaid $2,281.

So what could be done to better ensure single mothers get the money they need to help them raise their children while reforming a system that penalizes poor fathers who can’t pay?

black-dadThe best model is likely to be found in Europe. As of 2010, all European countries except the Netherlands guaranteed child support payments to custodial parents even if the noncustodial parent couldn’t pay or could only pay part. Sweden goes even further and has a guaranteed assistance program in which all custodial parents get a child support payment from the government no matter what, and the government then collects what it can from the noncustodial ones. Such a system seems to work — 95 percent of these parents get child support payments. This system “gets you a guaranteed minimum benefit whatever the nonresident father can pay,” explained Irwin Garfinkel, a professor of social work at Columbia University.

He thinks this model could significantly improve the system if the United States were to take the same tactic. “From the perspective of the children, I would say that’s the single most important thing that could be done,” Garfinkel said.

equal justice fraudAny such reform, however, would also have to be paired with changes to how we calculate what noncustodial parents owe. American fathers have the highest obligations among 14 of the richest countries, even if they are poor or unemployed (in eight countries, an unemployed father doesn’t owe anything). The U.S. is one of four that doesn’t exempt some portion of the noncustodial parent’s income for basic living expenses. Only five countries are so extreme as to jail fathers who don’t pay.

Garfinkel proposes making sure the obligation is always a percentage of the noncustodial parent’s income. “That would protect the fathers,” he said. “If you express the obligations as a percent of income, it would automatically reduce the amount of harassment possible.” If a father has no income coming in, then he wouldn’t be obligated to pay and wouldn’t keep racking up debts as many do now. Mothers would also benefit in the long run, given that even a poor father’s income is likely to eventually increase down the road.

stressed single motherA guaranteed payment program, particularly one that doesn’t always try to recoup the costs from low-income fathers who can’t pay, would not come for free. But Garfinkel thinks the amount would be negligible compared to the benefits reaped. Even if custodial parents were guaranteed a payment as high as $3,000 a year, he estimated it would cost the government about $10 billion. Compared to the overall federal budget, “it’s not a big number and it would make a massive difference,” he argued. Poor mothers would not just have more income to invest in their children, but the stability of steady payments could be even more beneficial for children’s development.

Strangely, part of the American system was meant to act somewhat akin to Sweden’s for the very poorest, but today ends up being counterproductive. When welfare was reformed in the 1990s, one change enacted ensured that if a custodial parent gets benefits from Temporary Assistance for Need Families (TANF), any child support payments from the noncustodial parent are taken by the state, not doled out to the parent. “That was the basic concept of welfare,” explained Joan Entmacher, vice president for family economic security at the National Women’s Law Center, “that the state would pay public assistance and then collect child support and keep the child support to reimburse itself.”

stingy state 2Today, however, TANF payments are nearly all worth less than they were in 1996 and only reach a quarter of eligible families. Meanwhile, the system usually serves to discourage poor fathers from paying their obligations, given that they know their money isn’t going to actually make it to their children and the families aren’t usually getting an adequate amount of help from the state. As Elizabeth Lower-Basch, policy coordinator at CLASP, a policy organization for low-income people, put it, “Why on earth would you pay money to go to the state?”

One state, Wisconsin, experimented with changing its program from one where it withholds all child support payments for welfare recipients to now being the only one that directly gives custodial parents most of the support the noncustodial parent pays. In 2006, it evaluated this change and found that it ended up increasing how much noncustodial parents paid and how many custodial parents got support. More states could consider doing the same, but they aren’t incentivized to: they would have to make up for the money they no longer took from child support payments.

rich guyThere are also some efforts across the country to change the way that noncustodial parents’ support obligations are calculated. Currently, when courts hear from a father that he doesn’t have a job or enough money to pay support, some states still calculate the child support payment on his supposed earning capacity or deem that he voluntarily lowered his earnings by taking a lower paying job or even getting fired. And, of course, there is the fact that if a father ends up going to jail over unpaid support, he can still keep accruing debt while he’s there. The Office of Child Support Enforcement proposed changes at the end of last year that would base child support orders on actual earnings and income, not imputed income, and allow incarcerated people to modify their orders rather than treating it as voluntary unemployment.

Some states have also experimented with incarceration diversion programs that would allow noncustodial parents to enter into employment services rather than go to jail. Texas has one of the longest-standing programs, which has increased child support payments and made them more consistent, even after participants leave the program. The challenge, however, is that there isn’t any dedicated funding available to states to create these programs beyond diverting money from the TANF block grant they receive.

Some advocates are aiming higher, however. Jacquelyn Boggess, co-director of the Center for Family Policy and Practice, wants to get rid of the system for the poorest parents altogether. As a paper Irwin Garfinkel co-authored in 2010 notes, “A serious problem with the public child support system is that at its inception, the federal Office of Child Support Enforcement viewed itself exclusively as a law enforcement agency. As a result, fathers have been viewed as lawbreakers rather than clients.” The paper recommends shifting it to more of a social welfare agency than simply about the law.

Boggess’ group is pushing a recommendation to fundamentally change this dynamic: “Taking the poorest families out of the child support system and making sure their children get taken care of,” she said. She noted that the way the system works for these families now, both the custodial and noncustodial parents are assumed to be shirking. “Women are shirking [because they] need to get a job, and men are shirking so we put them in jail,” she said. Instead, she wants the system to “stop taking that perspective and take the perspective that they’re like the rest of us, they want to take care of their children.” That would mean instead creating programs for these families that would focus more on giving them a leg up: housing, income support, employment services.

overthrow

Justice: Man Pays Support Despite Negative DNA Test

by Moody Jim Rathbone

Carson - victim of exploit and abuseIt’s a cruel injustice. To the State of Texas, this just regular business. So it goes with Federal Law as well, an underlying culprit that denies the Constitution of the United States, like many other laws and statutes in the last fifty years. The Attorney General of Texas is also to blame, spearheading this and other cases like it as one of the most unfriendly states to ‘non-custodial parents.’

“I’ve never seen the child. I never spoke to the child. I don’t know what the child looks like,” says Willie Carson, a resident of Texas. The State of Texas and the woman that bore the child still took the money. The sociopath that is state authority is happy to have its’ needs met, as the real beneficiary behind the scenes. As long as a child is supported, justice means nothing. Mr. Carson’s paycheck has been garnished for almost 13-years and he’s now behind in payments by $21,000.

Mr. Carson has been forced to pay for a child, even when DNA proves the child is not his. The DNA test results indicate a 0.00% probability of paternity. Mr. Carson isn’t the father of the 13-year old girl in question. The whores of state and mother have prevailed for 13 years.

He has paid thousands in child support for the girl, simply because the mother initially named him as her baby’s father, as if a birth certificate and the word of a woman is king. That is because the State has made it so, plus the fraudulent action of someone that has the morality of a whore. What else could explain it? Or you could simply chalk this up to a mistake all around, started by the mother of the child in question.

Carson has battled this case in court for years, and struggles financially because of it. The attorneys and the court system continues to win while an ordinary man struggles and suffers.

“There were days that I didn’t eat. I went without electricity.”

The girl’s mom reportedly sent a letter to the court specifying that he isn’t her daughter’s dad and shouldn’t be required to pay. That hasn’t stopped her from accepting the money, nor the state from extracting it.

all about the greenbacksRecently Carson received a letter stating his 401k funds are no longer frozen, and that he no longer is required to pay child support. Carson is due back in court, where he’s hoping this 13 year fight will finally be over.

This struggle happens so often that the issue is among the Texas Attorney General’s office ‘frequently asked questions.’ According to the attorney general, even after dismissing a mistaken dad’s duty to pay child support, he is ‘still responsible for arrears,’ or any back money owed. That’s the insanity of the Bradley Amendment. Even when the whores finally get it right, the situation created by the Feds is all wrong.

The Bradley Amendment, sponsored by Bill Bradley to garner some votes, must be repealed. You can’t free a nation from whoredom, but you can free a nation from tyranny.

Garnishment Subject to Certain Protections

slavery to childrenThis is knowledge that may be of some value to you as you live out your life under child support laws in the USA.

The use of garnishment is governed by federal statutes (there may be some state codes as well) such as 15 USC 1673, and its companion law, 15 USC 1675 pertaining to the very existence, or potential existence of enforcement of any order violating the maximum certain percentages of actual disposable income– rendering the support and/or garnishment order in violation of the law,– (particularly see paragraph C therein). Whichever statute provides greater protection to the Respondent, prevails.

These [state, if any in MA– there are some in IN] federal statutes guarantee protection (to the Respondent) from having “imputed income” orders.

These statutes provide protection (to the Respondent) regarding his rights to be free from unlawful child support or any kind of garnishment.

§ 1673. Restriction on garnishment

Title 15 of the US Code as currently published by the US Government reflects the laws passed by Congress as of Jan. 7, 2011, and it is this version that is published here.

(a) Maximum allowable garnishment

Except as provided in subsection (b) of this section and in section 1675 of this title, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed

(1) 25 per centum of his disposable earnings for that week, or
(2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206 (a)(1) of title 29 in effect at the time the earnings are payable,
whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2).

(b) Exceptions

(1) The restrictions of subsection (a) of this section do not apply in the case of

(A) any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review.
(B) any order of any court of the United States having jurisdiction over cases under chapter 13 of title 11.
(C) any debt due for any State or Federal tax.

(2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed—

(A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual’s disposable earnings for that week; and
(B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual’s disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.
(c) Execution or enforcement of garnishment order or process prohibited

No court of the United States or any State, and no State (or officer or agency thereof), may make, execute, or enforce any order or process in violation of this section.

§ 1675. Exemption for State-regulated garnishments

The Secretary of Labor may by regulation exempt from the provisions of section 1673 (a) and (b)(2) of this title garnishments issued under the laws of any State if he determines that the laws of that State provide restrictions on garnishment which are substantially similar to those provided in section 1673 (a) and (b)(2) of this title.

Notice: This article is not legal counsel. You will need an attorney and your own wits to supply you with the details of your case.

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Garnishment Subject to Certain Protections by E.J. Manning is licensed under a Creative Commons Attribution 3.0 Unported License.
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The Power to Tax

Ronald Henry wrote an article that needs to be heartily considered. I urge all people interested in this topic to read it. The link is below.

Ronald Henry Article

I have seen some parents who refuse to pay child support even though they have plenty of money to do so . . . However, I have seen far more parents who are ordered to pay child support who pay some support but not all they are ordered to pay. Many of these parents are engaged in a financial struggle that they cannot win. These are the working poor.” (Hon. Anne Kass, Presiding Family Judge, Albuquerque, New Mexico, District Court)

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