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Purveyor

(29,876 posts)
Sun Feb 26, 2012, 02:46 PM Feb 2012

Change On Federal Benefits Payments Could Leave Child Support Debtors With No Income

Thousands of poor and disabled men stand to lose their only income next year because of a change in government policy that will allow states to seize every dollar of federal benefits from people who owe back child support.

Previously, states could capture only 65 percent of benefits from people who opted to be paid by paper check. Advocates estimate that 275,000 men could be left destitute as a result of the change.

--clip

By allowing seizure of the remaining 35 percent of benefits, the rules could cause thousands of poor men to lose their only income.

"It's kind of Orwellian, what's being set up here for a segment of the population," says Johnson Tyler, an attorney who represents poor and disabled people collecting federal benefits. "It's going to be a nightmare in about a year unless something changes."

MORE...

http://www.washingtonpost.com/business/change-on-federal-benefits-payments-could-leave-child-support-debtors-with-no-income/2012/02/26/gIQAZvtxbR_story.html

122 replies = new reply since forum marked as read
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Change On Federal Benefits Payments Could Leave Child Support Debtors With No Income (Original Post) Purveyor Feb 2012 OP
The solution there is to pay child support currently treestar Feb 2012 #1
+1 mac56 Feb 2012 #3
"Get the child support order modified" Pab Sungenis Feb 2012 #6
+1 proud2BlibKansan Feb 2012 #7
The judges are required to follow a law treestar Feb 2012 #14
So many people do not know or understand the formula thing, different than in the Good Old Days uppityperson Feb 2012 #25
The $50 Minimum Payment relates to "Welfare Pass through" happyslug Feb 2012 #46
My child wasn't on welfare, the father was minimially employed, hence $50 uppityperson Feb 2012 #47
Most Domestic Relations Offices do a $50 in case someone ends up on welfare happyslug Feb 2012 #54
$50? shanti Feb 2012 #95
Knowing how it goes, you probably spent it on something for yourself or your new boyfriend rather uppityperson Feb 2012 #104
right shanti Feb 2012 #94
The Problem is That Many of These Men Can't Afford It On the Road Feb 2012 #21
Men need to be less passive towards the legal system treestar Feb 2012 #37
"The problem is they refuse to go to court and explain" jberryhill Feb 2012 #49
That's another problem - moving treestar Feb 2012 #74
He doesn't have enough money to go to California jberryhill Feb 2012 #78
This particular person is in a real jam treestar Feb 2012 #101
He's been suffering from depression jberryhill Feb 2012 #103
Aust, so not entirely the same. However, My brother was "audited"... TheMadMonk Feb 2012 #58
Amen about putting every red cent through their system treestar Feb 2012 #76
This is so true. Chemisse Feb 2012 #64
Men need to structure their lives differently lark Feb 2012 #97
No offense intended green917 Feb 2012 #59
Many states have net worth caps, making it impossible to have 4k laying around. Sirveri Feb 2012 #61
Don't use a lawyer and go get help from a community organization treestar Feb 2012 #75
And if this father is illiterate? AngryAmish Feb 2012 #90
Then Detroit needs some organization to help people treestar Feb 2012 #100
Detroit is way beyond that kind of thinking. Psephos Feb 2012 #121
But there lies a HUGE problem... SkyDaddy7 Feb 2012 #113
"Child custody & child support decisions should be made by a panel of people who work in family..." uppityperson Feb 2012 #116
Sucks. ForgoTheConsequence Feb 2012 #2
+1 mac56 Feb 2012 #4
Do you know anyone in this situation? proud2BlibKansan Feb 2012 #10
Interesting. ForgoTheConsequence Feb 2012 #13
This. Robb Feb 2012 #15
No - there are no options when you are unemployed and can't find a job proud2BlibKansan Feb 2012 #18
+x100 emilyg Feb 2012 #29
Some of us work 75+ hours a week green917 Feb 2012 #60
I hear your pain brother. When my wife divorced me I negotiated a 50% no fault settlement with my Monk06 Feb 2012 #68
You have both my sympathy for what you've had to go through green917 Feb 2012 #80
Thanks brother and hope your situation improves in the future. Father's parental rights are getting Monk06 Feb 2012 #109
Exactly proud2BlibKansan Feb 2012 #111
They are still adults though who dont deserve to be stepped on by a system thats lacks common sense. cstanleytech Feb 2012 #62
That is what drives me crazy about the current liberalhistorian Feb 2012 #16
I am a Landlord in Baltimore On the Road Feb 2012 #22
I know of few, if any, women who are "better off financially" after a divorce, even with child uppityperson Feb 2012 #26
I am Saying the Mother is Better Off Than the Husband On the Road Feb 2012 #38
"Mother" vs "Husband"? Wow. That was the minimum in AK yrs back. uppityperson Feb 2012 #39
wrong~! shanti Feb 2012 #96
Been there, done that. cstanleytech Feb 2012 #63
My son's wife is. FlaGranny Feb 2012 #65
So, your handyman breaks the law in order to not pay child support??? obamanut2012 Feb 2012 #69
You don't need an attorney to get child support modification done. There are formulas and he can uppityperson Feb 2012 #24
Baloney jberryhill Feb 2012 #79
Baloney back at you. I move away and filed via mail with the state. So did my ex after he moved to uppityperson Feb 2012 #83
Not all states will do that by mail jberryhill Feb 2012 #84
Is Ontario in "the United STATES of America"? uppityperson Feb 2012 #87
That's not true in every state proud2BlibKansan Feb 2012 #112
Which part is not true? thank you. uppityperson Feb 2012 #115
Attorneys are not needed treestar Feb 2012 #36
"Simply take pay stubs or disability determination to the court" jberryhill Feb 2012 #51
Where is that the case? treestar Feb 2012 #73
You obviously have extremely limited experience.... jberryhill Feb 2012 #77
He is in arrears from yrs ago, never paid, and now will go to jail, yet you feel bad because he uppityperson Feb 2012 #86
I'm not sure what you mean by that.... jberryhill Feb 2012 #105
It probably would have been good to file a modification at that time. uppityperson Feb 2012 #106
That case is a good example why people shouldn't wait on modifications..... msanthrope Feb 2012 #88
This is beyond crazy - NEVER go to court on something this important without a lawyer AngryAmish Feb 2012 #91
People saying they can't afford lawyers should just leave the child support order treestar Feb 2012 #99
I do quakerboy Feb 2012 #42
Yep--It's called being a deadbeat parent. He doesn't need a lawyer to modify his child support. msanthrope Feb 2012 #85
Many of the deadbeats cannot get work. existentialist Feb 2012 #11
I have two kids christx30 Feb 2012 #20
Look, I'm gonna give you a bit of advice...... msanthrope Feb 2012 #89
THIS! Earth_First Feb 2012 #114
I feel sorry for all the real people caught in this STUPID dualism of good kid/bad dad saras Feb 2012 #5
+1000 DeSwiss Feb 2012 #8
15 USC 303 existentialist Feb 2012 #9
It isn't always a clear cut issue. schmice Feb 2012 #12
Don't blame the disabled dad. Blame the government McCamy Taylor Feb 2012 #17
SSI can NOT be seized, what is being discussed is SS Disability and other federal benefitsi happyslug Feb 2012 #50
This is bad. varelse Feb 2012 #19
Some of these responses are teabaggeresque at best Umbram Feb 2012 #23
Hearts Umbram!!!!!!! mntleo2 Feb 2012 #71
how can anyone think this would be a good idea? noiretextatique Feb 2012 #27
Another reason for contraception. jbpdx Feb 2012 #28
A child should not have to go without basis needs Thinkingabout Feb 2012 #30
The issue is how the government treats the support payments OnlinePoker Feb 2012 #33
another example of the total bankruptcy of the "nuclear family" concept bread_and_roses Feb 2012 #31
Chile support MJJP21 Feb 2012 #32
Seriously? Paying for housing, food, clothing, expenses for the child doesn't cost much? Seriously? uppityperson Feb 2012 #40
I work two jobs and get child support Marrah_G Feb 2012 #72
Spam deleted by uppityperson (MIR Team) sfghrtjr Feb 2012 #34
I was expecting to see "Fuck the Deadbeats" responses... BiggJawn Feb 2012 #35
I'll say fuck the deadbeat parents, of either sex. Child support is for the child, no matter who uppityperson Feb 2012 #43
Some of you have little inkling of which you speak here, allow me... bobbyblack Feb 2012 #41
Something very similar happened to my brother. Noodleboy13 Feb 2012 #44
Hey, this is a great idea for those behind on student loans, too. woo me with science Feb 2012 #45
I agree, gvt should not garnish ALL of someone's income. uppityperson Feb 2012 #48
+1 JoeyT Feb 2012 #57
If they didn't want that sort of thing to happen, Crunchy Frog Feb 2012 #52
Lets understand the problem, happyslug Feb 2012 #53
Bingo jberryhill Feb 2012 #56
Same way I went to court myself from 1000 miles away. I filed through the mail. uppityperson Feb 2012 #107
Most states that can be done, but some states, especially older cases, NOT True happyslug Feb 2012 #119
A penis is worth a million dollars. boppers Feb 2012 #55
same goes for vaginas SemperEadem Feb 2012 #66
What does marriage have to do with it? boppers Feb 2012 #98
Have you noticed how sexist the resposes are? dotymed Feb 2012 #67
That is not true obamanut2012 Feb 2012 #70
Yes, it is true. Occulus Feb 2012 #82
very true SemperEadem Feb 2012 #108
I started an OP Le Taz Hot Feb 2012 #110
Message deleted by the DU Administrators ELKODCH Feb 2012 #81
this is a bad move shanti Feb 2012 #92
Frankly if I had to choose... Fearless Feb 2012 #93
By no possible logic is this sustainable, your "choice" is not one. It is toxic for society. TheKentuckian Feb 2012 #117
I merely said if I HAD to choose. Fearless Feb 2012 #120
If the non-custodial parent dies of starvation or freezes to death, that doesn't help the kids. Nye Bevan Feb 2012 #102
I have felt for years child support money should be pooled divineorder Feb 2012 #118
"Oh, and before anyone accuses me of being a deadbeat..." LanternWaste Feb 2012 #122

treestar

(82,383 posts)
1. The solution there is to pay child support currently
Sun Feb 26, 2012, 03:08 PM
Feb 2012

And if you become disabled, get the child support order modified to account for the lesser income.

 

Pab Sungenis

(9,612 posts)
6. "Get the child support order modified"
Sun Feb 26, 2012, 03:23 PM
Feb 2012

That's practically impossible. There are some judges (I won't say a majority but I expect so) who only believe in modifying support orders to hurt fathers further.

treestar

(82,383 posts)
14. The judges are required to follow a law
Sun Feb 26, 2012, 04:56 PM
Feb 2012

Federal law conditions state funding on having a fair formula for figuring out child support amounts.

uppityperson

(115,677 posts)
25. So many people do not know or understand the formula thing, different than in the Good Old Days
Sun Feb 26, 2012, 07:05 PM
Feb 2012

when you had to prove need. Now there are formulas with a minimum of minimum. In AK it was $50/month if you had low enough income. You can file a modification by yourself, don't need an attorney.

I know that judges also have some leeway, but there are formulas and you don't need an attorney.

 

happyslug

(14,779 posts)
46. The $50 Minimum Payment relates to "Welfare Pass through"
Mon Feb 27, 2012, 12:25 AM
Feb 2012

Under Transitional Aid for Needy Families (TANF) which replaced Aid for Dependent Families (AFDC) in the mid 1990s, if a Child is on Welfare, that Child gets the first $50 paid by the non-custodian parent, the State Welfare Agency (and thus the Federal Government for TANF is 50-50 Federal State program) gets reimbursed till the Support Payment exceeds the AFDC level for the Child's Family (All moneys paid over $50, if less then the TANF grant for the Child's family, goes to the STATE WELFARE AGENCY NOT THE CHILD'S FAMILY).

Now, if the non-custodian parents pays more then the TANF welfare grant, TANF is NOT involved, i.e the whole Support payment goes to the Child's family (unless there are welfare arrears, i.e. the Support of the Child on TANF during some past time period, such arrears must also be paid if any Support is for past Arrears).

For this reason most Support orders of non-Custodian parents, whose income is lower the the Welfare Grant to the Child's Family, generally stops at $50 a month.

Please note if the Domestic Relations Judges finds that someone is CAPABLE of earning more money and is simply NOT earning that amount so that the custodian parent would get no child support, the Court will access that non-custodian parent as if he or she is earning what he or she COULD earn. This is NOT when someone can NOT find a job, it is someone who CAN find a job but refuses.

Just pointing out where the $50 support orders comes from and what law it is based on at the present time.

uppityperson

(115,677 posts)
47. My child wasn't on welfare, the father was minimially employed, hence $50
Mon Feb 27, 2012, 12:43 AM
Feb 2012

We weren't on welfare, the father was minimally employed and was ordered the minimum by law of $50. Are you saying that minimum was set for everyone, regardless of welfare/not status, because of welfare stuff?

Thank you for your information.

 

happyslug

(14,779 posts)
54. Most Domestic Relations Offices do a $50 in case someone ends up on welfare
Mon Feb 27, 2012, 02:02 AM
Feb 2012

I was just pointing out where the $50 amount comes from. If a larger amount is set for a low income person, Custodian parent only gets the $50 if the child is on welfare. Domestic Relations Offices know this and use $50 as a minimum order for everyone UNLESS the non-custodian father has income to justify an order that clearly puts the Child out of welfare.

Remember, in the 1990s when "Welfare Reform" was the rage, it was found that the Number one reason children were on Welfare was they were NOT getting enough Child Support. Thus the maximum attachment of a non-custodian parent's income was raised to 55% (65% of more then one Child involved) from the previous 25% attachment level (which is still the FEDERAL limit for attachment for Credit Cards and other lawsuits).

Most of what is occurring in regards to Child Support is related to Welfare Reform of the 1990s. The whole effort of Welfare Reform was to get people off Welfare and since the Federal Government had NEVER paid for adults without Children in their care, any reduction in welfare rates HAD to be directed at Children. Thus one aspect of Welfare Reform was increase Federal involvement in Child Support payments. You could NOT cut down Welfare levels without reducing the CHILDREN on welfare. The only way to do that was to increase income to the Child's family, and since no one wanted to pay MORE for welfare, Support law was changed instead.

Side note: The $50 existed BEFORE Welfare reform, thus was kept as part of Welfare reform.

shanti

(21,675 posts)
95. $50?
Mon Feb 27, 2012, 02:31 PM
Feb 2012

bah, my ex only had to pay $30, and this was back in 1992! what the f can you buy with $30 a month, especially a teenager?

uppityperson

(115,677 posts)
104. Knowing how it goes, you probably spent it on something for yourself or your new boyfriend rather
Mon Feb 27, 2012, 07:08 PM
Feb 2012

than on the kid. Damn us vindictive sluts anyway! All we wanted to do was get someone else to support us!

Yes, I did get that from my ex. He'd make pointed comments on my new free used couch, showing me how I wasn't spending "his" $50 on our child. Yeah, that $50 goes partway to being able to rent an apartment with a bedroom for our child, of some food, or maybe part of the school supplies. I'm getting rich, spending in ALL ON MYSELF Bwahahahahahahahahaha.

$30? That is something. I appreciate the fact that there are formulas rather than having to prove need like it used to be.

shanti

(21,675 posts)
94. right
Mon Feb 27, 2012, 02:28 PM
Feb 2012

like my ex who went back to court and had his cs modified to $30 freaking dollars a month!! he was usually unemployed so i ended up supporting my son by myself for 16 years! thank god, i had a decent job so i could do so.

On the Road

(20,783 posts)
21. The Problem is That Many of These Men Can't Afford It
Sun Feb 26, 2012, 06:25 PM
Feb 2012

due to unemployment. Worse, they may do jail time, during which child support continues to accumulate. When they get out of prison, they can't get a job and owe new child support in addition to the backlog. Even the ones who are able to return to decent jobs have a problem, and may end up having most of their income garnished. As a result, some of them work under the table and others turn to crime. This does not solve the problem.

Men need to take responsibility, but the terms and conditions leave a lot of men with not even a basic subsistence. It's got to be structured differently.

treestar

(82,383 posts)
37. Men need to be less passive towards the legal system
Sun Feb 26, 2012, 10:41 PM
Feb 2012

Child Support laws provide for modification. If a person truly can't find a job in a bad economy - that will be considered.

The problem is they refuse to go to court and explain.

That's not that hard to do.

 

jberryhill

(62,444 posts)
49. "The problem is they refuse to go to court and explain"
Mon Feb 27, 2012, 01:05 AM
Feb 2012

Assuming they still live anywhere near the state in which the support order issued.

I know a guy who is a Canadian citizen. He used to live in California, had two children, was divorced, and his employment took him back to Ontario. He continued to pay support. Some years later, he lost his job, and has been having hard times for a couple of years. In order to modify the California support order, he would have had to hire an attorney, which he couldn't afford, or go back to California, which he couldn't afford.

The State of California continued to duly tote up his arrears under the original support order, has found him in default, and has duly proceeded to enforce the debt in Ontario.

treestar

(82,383 posts)
74. That's another problem - moving
Mon Feb 27, 2012, 11:11 AM
Feb 2012

But he still needs to make the effort, unless it's actually cheaper to keep the high order.

there is interstate enforcement and even international enforcement. In fact, I think some Canadian provinces have deals with some states, so he might want to make sure California can even make him pay from there.


 

jberryhill

(62,444 posts)
78. He doesn't have enough money to go to California
Mon Feb 27, 2012, 11:51 AM
Feb 2012

"he still needs to make the effort"

How? By walking?

The divorce was in the late 1980s. His two sons have grown up to adulthood, moved out and live on their own.

When he had steady employment - actually he ran his own business with his second wife before she passed away - he paid every dime on time and more. The boys would come on visits to Canada for the summers, etc.

Can I give you his phone number so that you can provide him with useful suggestions. The Ontario court has already told him that the only way he can get a modification is in California.

If he could afford to travel from Toronto to California, he wouldn't need to.

Do you find it at all strange that another attorney in this thread has seen the same thing:

http://www.democraticunderground.com/?com=view_post&forum=1014&pid=61260

treestar

(82,383 posts)
101. This particular person is in a real jam
Mon Feb 27, 2012, 06:35 PM
Feb 2012

Then there's nothing he can do - wow, that's too bad. I guess the arrears will just pile up until he goes to jail then.

Has he even looked into the interstate child support act (or the international version that applies) and whether it might not allow a telephone hearing? I've done them between states, so I know they exist. They apply to persons trying to get child support, but may apply to petitions from the obligor also. Hard to believe in modern times that California of all places has no relief for him having to travel there.

Or at least look into it - this guy is on the verge of preferring victimhood to doing something.

 

jberryhill

(62,444 posts)
103. He's been suffering from depression
Mon Feb 27, 2012, 07:00 PM
Feb 2012

Which doesn't help his motivation. I'm probably going to end up just fronting the cash for a CA attorney to straighten it out, but I'm waiting for some invoices of my own to be paid about now, and I want to be clear on this process having bounded costs and definite time.
 

TheMadMonk

(6,187 posts)
58. Aust, so not entirely the same. However, My brother was "audited"...
Mon Feb 27, 2012, 03:23 AM
Feb 2012

...at a time whilst he was being trialed manager of a trial department and thus on a higher wage. The trial was later discontinued and his wage returned to it's previous level.

He was pretty much told, since their audit did not match his self reporting, he was deemed to have made a fraudulent submission and THEIR numbers would stand. AND that he had to wait 12 months before he could submit any request for modification.

OH and some free advice: NEVER, EVER, EVER do it yourself, or make any payments in lieu of child support. And put every single red cent through their books.

Same brother did that, paying school fees for the kid. Which was fine, until HER business went belly up and she went on welfare. Long story short, she was ADVISED by child support services to DENY the existence of any "arangement", or it would be counted as income against her for determining her welfare payments.

Result, my brother paid the school fees, and was then slugged the full calculated amount through garnishment AND was told that NO AMOUNT OF PROOF of other payments would satisfy. He earned this much. He owed that amount. End of story.

treestar

(82,383 posts)
76. Amen about putting every red cent through their system
Mon Feb 27, 2012, 11:17 AM
Feb 2012

It will end up not counting and allow arrears to build up.

Chemisse

(30,803 posts)
64. This is so true.
Mon Feb 27, 2012, 07:18 AM
Feb 2012

My son keeps up with his payments, and does not complain at all about having to support his children, but he cannot afford to have an apartment of his own.

He recently took a second job to try to get ahead a bit. Sure enough, his ex-wife is trying to get his payments increased because of this!

The system is tough on fathers, and the demonization of 'deadbeat dads' (some of which is deserved, of course) has helped justify stripping men of the means of even basic survival.

lark

(23,065 posts)
97. Men need to structure their lives differently
Mon Feb 27, 2012, 03:18 PM
Feb 2012

I have several friends whose husbands only do under the table work, just so they can avoid having to pay anything for their children. The real victims are the children, not the men who refuse to pay. I've lived in 3 different states and all of them allow for re-structures.

I usually will reflexively side with the disabled, but not this time. The men should have been paying child support when they weren't disabled, so would not have a backlog now. For the true sad cases, where it's not the guy's fault, there's always the re-structuring that's available if they want to be responsible.

green917

(442 posts)
59. No offense intended
Mon Feb 27, 2012, 04:44 AM
Feb 2012

but you, clearly, have never dealt with the family court system. The last time I had my order modified, it cost me $4000.00 in legal fees. How many people that are living off of SSI do you know that have an extra $4,000.00 laying around?

Sirveri

(4,517 posts)
61. Many states have net worth caps, making it impossible to have 4k laying around.
Mon Feb 27, 2012, 06:34 AM
Feb 2012

Isn't that awesome!

treestar

(82,383 posts)
75. Don't use a lawyer and go get help from a community organization
Mon Feb 27, 2012, 11:14 AM
Feb 2012

Or just read the material online. For goodness sakes. You have enough "knowledge" to cost yourself $4000, not a deep knowledge. No offense.

Look at statistics. At least where I am, family court has the highest pro se numbers there are. And a lot of forms to use to make the filings, so you don't have to do lawyer pleadings - it is done by formula, too. Wherever you are, if you absolutely must have a lawyer, then the court is way behind the times - get in touch with state legislators to make changes.

 

AngryAmish

(25,704 posts)
90. And if this father is illiterate?
Mon Feb 27, 2012, 02:12 PM
Feb 2012

Before you scoff, about half of Detroit is functionally illiterate.

treestar

(82,383 posts)
100. Then Detroit needs some organization to help people
Mon Feb 27, 2012, 06:31 PM
Feb 2012

Or to argue people need public attorneys of some kind.

Psephos

(8,032 posts)
121. Detroit is way beyond that kind of thinking.
Wed Feb 29, 2012, 01:37 AM
Feb 2012

It is brutal. It is beyond most people's understanding. It cannot be fixed, in the same sense that an abusive spouse or an alcoholic in denial cannot be "fixed."

SkyDaddy7

(6,045 posts)
113. But there lies a HUGE problem...
Tue Feb 28, 2012, 09:22 AM
Feb 2012

To get child support modified you need a lawyer because otherwise the Judge is not going to listen to anything you have to say. That is how it works in Georgia...If you show up to a custody hearing or a child support hearing without a lawyer the Judge will not only deny your request but force you to pay the ex-spouse legal fees. Once you get behind it is nearly impossible to catch up.

I had a close friend who was making 90K a year & paying child support on time never late...Then the recession hit & he lost his job. Then he was on unemployment which half went to his ex-wife for child support. Then 8 months later he took a job making 45K & he went to get his child support modified & against advice from my wife & I & several others in the know he went into court without a lawyer. He was not only denied modification but he had to pay his ex-wife's legal fees. Then his ex-wife took him back to court to get the court to force him to pay her the difference missing from the time he was on unemployment & she won. If it were not for his parents he would have ended up in jail. Now he is back to making 75K but still paying on 90K. He is almost back to a point where he can hire a lawyer to try & get a modification. To make things worse the mother of his child moved to Chicago & there was nothing he could do about it. Now he has to pay for transportation for himself or his sons every two weeks which is very expensive. The Mother made 70K company car with nice bonuses. None of which is even considered when it comes time to decide child support.

I know there are some very disgusting so-called fathers out there who do not do what they should but there are also huge flaws in the system as well.

Child custody & child support decisions should be made by a panel of people who work in family matters not just one Judge.

I am speaking of what happens in Georgia as that is all I know...My wife & I both worked for lawyers who practiced Domestic Law.

uppityperson

(115,677 posts)
116. "Child custody & child support decisions should be made by a panel of people who work in family..."
Tue Feb 28, 2012, 12:54 PM
Feb 2012

"Child custody & child support decisions should be made by a panel of people who work in family matters not just one Judge. "

I agree. And there should be formulas to determine child support, and people should be able to apply for modifications without needing to spend money on lawyers.

ForgoTheConsequence

(4,867 posts)
2. Sucks.
Sun Feb 26, 2012, 03:11 PM
Feb 2012

But every dollar they didn't pay in the first place was a dollar taken from a child's plate. I feel sorry for the children not the dead beats.

proud2BlibKansan

(96,793 posts)
10. Do you know anyone in this situation?
Sun Feb 26, 2012, 03:45 PM
Feb 2012

I do. He lost his job and can't afford an attorney to get his child support modified. He's NOT a deadbeat. He's already been thrown in jail twice for not paying his child support. He doesn't have enough of an income to pay it and his ex-wife reports him every week when he doesn't pay the full amount he owes. Last time he was picked up it was in front of his children.

I would imagine in this economy many other parents are in this same situation.

ForgoTheConsequence

(4,867 posts)
13. Interesting.
Sun Feb 26, 2012, 04:05 PM
Feb 2012

They are still adults though, there are options. Children have NO options. I'll save my pity for the child who has to skip a meal because of the recklessness of its parents.


If I had to I would work two jobs making minimum wage doing whatever I had to do to put food in my kids belly and clothes on her back.

proud2BlibKansan

(96,793 posts)
18. No - there are no options when you are unemployed and can't find a job
Sun Feb 26, 2012, 05:43 PM
Feb 2012

I take it you don't know anyone who is unemployed.

green917

(442 posts)
60. Some of us work 75+ hours a week
Mon Feb 27, 2012, 05:13 AM
Feb 2012

in order to try to meet obligations that were racked up while we were unemployed or injured. That means we don't get to see our kids often enough if at all. My child has never gone hungry or not had clothes on her back. I've put off bills of my own for months in order to be able to buy my daughter clothes for school. I pay thousands of dollars a year in extras for my daughter (I buy her the bulk of her clothes, all of her school supplies, every video game, pair of new shoes, etc...she calls me when she wants something) and get no credit on my child support bill for it (not that I care really, I'm happy to be able to buy my daughter nice things). Her mother, often, returns the clothes that I buy my daughter and pockets the money. Every penny of the money I owe her mother is taken directly from my pay check (I pay 120% of what my actual order is to cover the back support and fees) and I pay extra whenever I can, often barely leaving me with enough money to support my own household. My attorney, a highly regarded family attorney here, told me that, where I live, even if you have a good case, the father has a 21% chance of winning in family court and if you walk into that room without an attorney representing you, that number drops below 10%. In short, walk a mile in my shoes before you call anything about me into question. If I could write my ex-wife a check tomorrow for the arrears, I would do so gladly just to be done with the hassle and nightmare of it. I suspect, there are many men like me out there who are not dead beats but have been treated as such by the system after they have, in many cases through no fault of their own, fallen on hard times. I'm not saying that all men who owe back child support aren't deadbeats but, there are those of us who aren't. The family court system is not as easy to deal with as you make it out to be...there are options but, I assure you that none of those options comes without significant cost in time and money. Most impoverished people have neither to deal with this issue so I would ask that, perhaps, you cut them a little slack when you, clearly, are not speaking from a position of personal knowledge.

Monk06

(7,675 posts)
68. I hear your pain brother. When my wife divorced me I negotiated a 50% no fault settlement with my
Mon Feb 27, 2012, 09:05 AM
Feb 2012

exwife. I got 50% of the equity in the house that I bought six months before she kicked me out. I converted that equity into cash to pay for child support for ten years.

Her response was to deny me access to my two sons by sending them to psychiatrists claiming my visits were upsetting them. This after she called the police on me twice claiming I was trying to break into her house when I was just standing on the porch waiting for my sons so I could take them to the park for the only two hours she would allow me to see them each week.

I finally gave up trying to see my sons for their sake. I figured it wasn't worth trying to maintain my visitation rights at the expense of their mental health.

Years later I contacted them through an email I found on the internet. I found out that my exwife told them I died in a car accident in 1990. They were more than surprised that I wasn't dead. My older son, who was close to his mother didn't want to begin a relationship after 30 years. My younger son who was searching for me did. We have been corresponding for five years now. My younger son got married this summer. My exwife threatened to ruin their wedding if I was invited. So I was not invited.

I didn't have a problem with that because I was more interested in his and his future wife's happiness than doing battle with his mother who couldn't get beyond her anger over a divorce that happened in 1979.

The problem with family law is that it is based on the assumption that in a divorce the husband is always at fault. My wife divorced me because she didn't love me and I didn't love her. There was no third party involved. It was a case of pure resentment on her part that I did not want to continue to be married to her but the system favored her. My own lawyer told me that if he was representing my wife he would have made sure she was awarded the whole value of the house and half my income for twenty years. That was my lawyer telling me I was a deadbeat before I had spent a dime.

The happy story is that my youngest son and his wife have established a relationship with me after thirty years and I have given him all of my personal records, art work that I have made, everything I own, so that he knows who I am, who I was and that I love him.

Meanwhile I am poor, suffering from MS, arthritis and COPD. I am sixty years old and may have five years left to me. Meanwhile my exwife has been living on a disability pension from a phoney accident claim negotiated by the same lawyer that represented her in the divorce. She now owns the house that I bought in 1978 for $48,000 which is presently worth $1.2 Million. She hasn't worked in fifteen years. Meanwhile I work in a call center to make ends meet.

The upside is that I will die happy because I have gotten back in touch with my son. She will die bitter because I have gotten back in touch with my son. Her greatest disappointment is that the story that I died in a car accident in 1990 turned out to be false.

Hate is a soul destroying force. Unfortunately, in divorce that hatred destroys the happiness of children because of the irrationality of one or both of the parents. In my case a women who should have been treated for mental illness 30 years ago has manipulated the court system and destroyed the peace of mind of everyone in her family as well as my own.

green917

(442 posts)
80. You have both my sympathy for what you've had to go through
Mon Feb 27, 2012, 12:34 PM
Feb 2012

and my congratulations at your getting to reestablish a relationship with at least one of your children. Your story, along with mine, should put a better face on this issue for some of the people here who get all hellfire and brimstone when they hear about men who owe child support which was the intention of my comment. Thank you for sharing your story! Many people don't understand just how stacked the deck is against the father in family court. There is, even though there isn't supposed to be, a presupposition of guilt on the part of the court system. At any rate, good luck with your new found relationship with your son...I'm certain that he knows who his father is and that your interest was always his best interest!

Monk06

(7,675 posts)
109. Thanks brother and hope your situation improves in the future. Father's parental rights are getting
Tue Feb 28, 2012, 07:59 AM
Feb 2012

more attention these days and the system is a little more equitable.
But if your former spouse has mental health and anger issues you
are in for a fight. My advice is to know when to quit the fight when
if becomes obvious that the children will suffer. I would rather not
have that on my conscience for the sake of winning a minor victory
in court.

A vindictive ex spouse is someone who should be ignored. Because
it is attention that they crave and they don't care who they destroy
to satisfy their narcissistic obsessions. You always have the option
to reconnect with the children when they are adults and the ex no
longer has power over them.

I deal with my son's feelings that I abandoned them by telling them
I had no choice. My ex made it quite apparent that she would do anything
in her power to prevent me from having a relationship with my son's.
Luckily my youngest has seen her for the person she is and is happy that
he has a dad he can talk to who doesn't have an axe to grind.

cstanleytech

(26,236 posts)
62. They are still adults though who dont deserve to be stepped on by a system thats lacks common sense.
Mon Feb 27, 2012, 06:44 AM
Feb 2012

I am not saying they shouldnt support their children though but the fact is they do need be able to support themselves also and before you try to bash me for my view I was one of those children with a deadbeat father but I am trying to be a realist and in reality the fathers do need to be able to support themselves as well otherwise if you take to much from them they cannot hold a job and the children will end up getting squat.

liberalhistorian

(20,814 posts)
16. That is what drives me crazy about the current
Sun Feb 26, 2012, 05:20 PM
Feb 2012

child support laws and enforcements. The system often makes no distinction between those who are willing but unable to pay because they're disabled or lost their jobs and cannot find another one despite diligent searching or are too ill, etc., etc., versus those who are perfectly able to pay but just don't want to or outright refuse. To the system, ALL child support debtors are bad deadbeats regardless of the reason for the arrears. That goes for women as well as men, I've known noncustodial mothers and some were deliberate deadbeats while others had fallen on hard times. Yet the law treated them all the same. And custodial parents with non-deadbeat debtors need to be a bit more sympathetic. If the debtor has lost a job and is unable to find another one or is ill or disabled, etc., and simply unable to pay, they need to not only be more understanding but realize that if they were still together, the financial situation would be the same.

While I cannot stand deliberate child support deadbeats who do everything possible not to pay while dumping all of the responsibility on the custodial parent, (and while often living pretty well themselves) there's a huge difference between that and someone who's fallen on hard times and simply cannot pay. Throwing them in jail doesn't do any more good than throwing any other debtor in jail. How in the hell are they supposed to pay when they're in jail? And being in jail makes them all the more unemployable when they're trying to find work so that they CAN pay.

My son's father was both a deliberate deadbeat and then permanently disabled. He had no problem paying support when our son was young, but when he remarried his wife resented my son's very existence, let alone having to pay any amount of support (and the amount was actually pretty small since he didn't make that much money to begin with) and he stopped paying, always quitting jobs just before child support caught up with him. But then he became disabled and simply couldn't pay and I felt bad for him because the system was treating him like before, like he was a deliberate deadbeat who was hiding a pile of cash and he just wasn't. He wasn't even able to work, let alone pay anything.

The problem with the system is that it's one-size-fits-all, whereas child support needs to be considered on a case-by-case basis because each one is different. And what's particularly infuriating is that the system often seems to go after those who are trying their best and who are not at all deliberate deadbeats, while leaving alone those who are thumbing their nose at the system and their own children, perfectly able to pay and often living well themselves. Often it's because the deadbeats have money and a position in the community, whereas the non-deadbeats have no such status or power.

On the Road

(20,783 posts)
22. I am a Landlord in Baltimore
Sun Feb 26, 2012, 06:38 PM
Feb 2012

and see this all the time. I had a tenant who had a decent job as a long-distance truck driver. He had FOUR child support payments. Stupid on his part perhaps, but he couldn't make ends meet. I had to evict him and I think his truck got repossessed.

I had a handyman who worked under the table due to child support. He got a real job at a dollar store and when the state found out about it, 90% of his wages were garnished. He basically went off the grid, living in the back of someone else's apartment until the police picked him up for riding a moped without a helmet.

The current system seems to have been designed with a certain kind of situation in mind. Perhaps it was a divorce in which the husband was the primary breadwinner and earned enough to pay child support and pay the rest of his bills. The current situation often leaves the mother better off financially and the man trying to live on half of poverty wages. It is very, very common and is not restricted to jerks and other irresponsible men.

uppityperson

(115,677 posts)
26. I know of few, if any, women who are "better off financially" after a divorce, even with child
Sun Feb 26, 2012, 07:09 PM
Feb 2012

support to help the kids.

Yup, that $50/month sure as shit paid for sooooooooooooo much of my child's financial costs that I inncured. I was SOOOOOOOO much better off financially, trying to pay for everything for me and our child with that $50/month.

On the Road

(20,783 posts)
38. I am Saying the Mother is Better Off Than the Husband
Sun Feb 26, 2012, 11:40 PM
Feb 2012

not better than she was before. Where do you live that child support is $50? That isn't even true for minimum-wage earners.

uppityperson

(115,677 posts)
39. "Mother" vs "Husband"? Wow. That was the minimum in AK yrs back.
Sun Feb 26, 2012, 11:50 PM
Feb 2012

If you didn't have a job, or had a low enough income, the formula gave a minimum of $50/month.

And no, that $50 didn't make "the mothe"r better off than "the husband". Even when it was $250/month, "the mother" spent a lot more than that monthly on the child.

Just for curiosity's sake, why not "the mother" and "the father" or "the wife" and "the husband"? Why "the mother" and "the husband"?

shanti

(21,675 posts)
96. wrong~!
Mon Feb 27, 2012, 02:50 PM
Feb 2012

it happened to me in 1992 - $30 a month was my ex's cs modification and it stood until DS turned 18! even then, he was in arrears many times over the years, but he did finally pay it off when his tax return was taken.

cstanleytech

(26,236 posts)
63. Been there, done that.
Mon Feb 27, 2012, 06:52 AM
Feb 2012

It wasnt easy for my mother to do either and roughly 50 per child doesnt go very far even back 30 years ago it didnt go to far when my mother was raising us.

FlaGranny

(8,361 posts)
65. My son's wife is.
Mon Feb 27, 2012, 07:27 AM
Feb 2012

My son's wife left him to go live with her boyfriend and left the kids and my son, all of which completely devastated my son. After her boyfriend had enough and left her, my son supported her, paid for her car, and sent her to school to learn a trade. Then she rented a large home in a gated community, took the kids, and is now living better than my son is. She earns enough for groceries, clothes, and spending money, but he is maintaining two homes. He pays for her insurance and the kids' insurance. He takes the kids on weekends and whenever she wants to get rid of them for a while. He does it because he loves his kids. He doesn't have enough money left over to pay for a divorce. He makes an excellent salary but lives like a poor man.

I cringe when I think of what a divorce attorney could do to him if she decides to divorce him.

uppityperson

(115,677 posts)
24. You don't need an attorney to get child support modification done. There are formulas and he can
Sun Feb 26, 2012, 07:01 PM
Feb 2012

file something himself. He doesn't need an attorney at all.

If he's not paying child support, he is a deadbeat.

 

jberryhill

(62,444 posts)
79. Baloney
Mon Feb 27, 2012, 11:54 AM
Feb 2012

You do if you no longer live in that state, can't afford to travel or have an attorney appear for you, and the court won't let you phone it in.

Do you live in one of those places where nobody ever moves?

uppityperson

(115,677 posts)
83. Baloney back at you. I move away and filed via mail with the state. So did my ex after he moved to
Mon Feb 27, 2012, 12:56 PM
Feb 2012

another part of the state.

You don't need to appear but can file via snail mail. You have to send in supporting documentation when you file AND send to the other party. Then the other person has a certain amount of days to reply. Then you have a certain amount of day to reply back. Then the judge has a certain amount of time to reply or not.

 

jberryhill

(62,444 posts)
84. Not all states will do that by mail
Mon Feb 27, 2012, 01:00 PM
Feb 2012

This is the United STATES of America.

Family law is one of those areas that is distinctly within the jurisdiction of each individual state.

Every state family court has its own rules and procedures governing what they will and will not do.

Congratulations on having your order governed by a state that lets you mail it in.

It cracks me up when people think all state court systems work the same way.

They don't.

So, for giggles, how about if you call up my old acquaintance who is going to jail in Ontario next month, and tell him that he's suffering from a bizarre delusion of some kind, because California won't let him do jack without an attorney or a personal appearance.

And I'm not the only attorney on this thread who has pointed out what happens in these situations.

uppityperson

(115,677 posts)
87. Is Ontario in "the United STATES of America"?
Mon Feb 27, 2012, 01:20 PM
Feb 2012

Thank you for your oh so civil answer, you are a genuine addition to manners on DU.

treestar

(82,383 posts)
36. Attorneys are not needed
Sun Feb 26, 2012, 10:38 PM
Feb 2012

Simply take pay stubs or disability determination to the court. Family court now is very user friendly - they have web sites with the forms. In my state they even have people who help file petitions. They are on forms and very simple to do.

 

jberryhill

(62,444 posts)
51. "Simply take pay stubs or disability determination to the court"
Mon Feb 27, 2012, 01:09 AM
Feb 2012

And if the court is thousands of miles away, then what?

treestar

(82,383 posts)
73. Where is that the case?
Mon Feb 27, 2012, 11:09 AM
Feb 2012

For such places, there could be accommodations. Do things by mail or online?

I see too many who let it slide for years, then they end up owing on their years of high earning for years where they don't have higher earnings.

Being that far from a court would create problems in all areas, not just domestic relations.

 

jberryhill

(62,444 posts)
77. You obviously have extremely limited experience....
Mon Feb 27, 2012, 11:46 AM
Feb 2012

Yes, being far from a court is a problem. However, most people do not get sued in faraway states when they have no job, no money, and no pot to piss in. They are typically not conducting activities which renders them subject to jurisdiction over them.

What you don't seem to understand with child support orders is that the issuing court system retains jurisdiction over the support order for the full term.

People move.

And, no, most courts do not allow you to modify a child support order without someone - either you or an attorney - physically appearing in that court.

I know a guy in Ontario who is, in all probability, going to go to jail next month. He hasn't had a steady job in about ten years, his kids have all grown up and moved away, but the State of California has used the relevant treaty to obtain enforcement of an arrearage from years ago in the Ontario court. The Ontario court has told him the only way he can get a modification is with the California court, the California court has told him he can't do it from Ontario, and he can't afford an attorney.

Would you like to fly him out to California, so he can leave the children from his second, and now deceased, wife to fend for themselves for a while in order to get the California order modified?

uppityperson

(115,677 posts)
86. He is in arrears from yrs ago, never paid, and now will go to jail, yet you feel bad because he
Mon Feb 27, 2012, 01:19 PM
Feb 2012

is in Ontario (most likely Canada) and can't now afford to fly back to CA?

As the civil tongued attorney you have professed to be, I am sure that you realize Canada is not the USA, that perhaps doing things from a foreign country might be different than within the USA?

His kids are grown up, his debt is in the past, he moved to another country and can't afford to fly back to the USA so...poor guy? I wonder if that'd work with credit card or other debts?

 

jberryhill

(62,444 posts)
105. I'm not sure what you mean by that....
Mon Feb 27, 2012, 07:09 PM
Feb 2012

But he is originally from Canada, and never obtained US citizenship.

Where was he supposed to go?

He got a job in Canada, and then started a business there with his second wife. It fell apart when she died. When he had an income, he paid every dime. When he had no income, he didn't have a dime to pay. I guess he was supposed to go to California at that time.

uppityperson

(115,677 posts)
106. It probably would have been good to file a modification at that time.
Mon Feb 27, 2012, 07:39 PM
Feb 2012

I have no opinion on "where was he supposed to go", not sure why you are asking me this. My point was that he should have applied to a modification before he went into arrears rather than waiting until he was in arrears.

msanthrope put it well http://www.democraticunderground.com/101460872#post88

 

msanthrope

(37,549 posts)
88. That case is a good example why people shouldn't wait on modifications.....
Mon Feb 27, 2012, 01:25 PM
Feb 2012

I know that CA does allow you to do some child support issues by mail...thay use the facilitors office, and legal aid can help you as far as that goes...

But if you are past modification, and into arrearages and a judgment against you, then you aren't going to do it by mail.

 

AngryAmish

(25,704 posts)
91. This is beyond crazy - NEVER go to court on something this important without a lawyer
Mon Feb 27, 2012, 02:20 PM
Feb 2012

If you don't pay (in my state) you get tossed in jail. Get tossed in jail the best thing that can happen is you can lose your job for not showing up. The worst thing is you could get raped.

treestar

(82,383 posts)
99. People saying they can't afford lawyers should just leave the child support order
Mon Feb 27, 2012, 06:30 PM
Feb 2012

at its current amount, rather than try to get it modified? Family court child support matters have a very high pro se rate. Formulas are used to determine the amounts owed. For someone who can't afford the lawyer, the order is not going to lower itself.

quakerboy

(13,917 posts)
42. I do
Mon Feb 27, 2012, 12:00 AM
Feb 2012

After he knocked out the children's baby teeth mom left and went through the work to get child support.

He then spent the next 16 years too busy supporting his drug habit and making appearances on COPS to bother to pay that child support. But he always had money for the drugs, and he always had money to be the "good dad" who bought toys and later computers and phones for the kids.

I am sure there are others who are better people, stuck in a bad situation. But the ones I know are not

 

msanthrope

(37,549 posts)
85. Yep--It's called being a deadbeat parent. He doesn't need a lawyer to modify his child support.
Mon Feb 27, 2012, 01:12 PM
Feb 2012

Is this the State of Kansas??? The calculator, and the form you file is online.

What it sounds like is that he was a deadbeat for so long he now has a judgment of arrearages against him. That's what happens when you don't go to court.

Is he working under the table?

existentialist

(2,190 posts)
11. Many of the deadbeats cannot get work.
Sun Feb 26, 2012, 03:51 PM
Feb 2012

It has, at times been my responsibility both to establish child support amounts, and to attempt to enforce collection.


Some obligated parents are in prison; child support, if ordered, continues to accrue.

Some are disabled.

Some are deported.

Some are dead.

Some, due to conflicts of orders, or despite what is actually ordered by a court, are themselves the parents actually exercising primary physical custody.

Many, while able to work, can find only minimum wage jobs.

This is a sad area of law, but what is in place now works better than the law will work if the 65%
limitation is removed.


christx30

(6,241 posts)
20. I have two kids
Sun Feb 26, 2012, 06:22 PM
Feb 2012

I have worked 2 jobs for most of the time that they have been alive. I have gone without food so they could eat. My wife has refused to work at all. She just left and took the kids 2000 miles away (moved from Texas to New Hampshire) because she wanted to be with her family. So far I have sent several hundred to help out the kids, but I expect that she is going to gouge me for everything that I am worth (which really isn't much) any day now. I don't even own a car that I could sell to send proceeds to them. (Though I am saving tons of money on gas and insurance).
I am most definatly not a dead beat. I am willing to work 17 hours a day to take care of them if I need to. But they can still say I'm not doing enough and throw me in jail, making it harder for me to do anything at all. The system is rigged against guys that are doing the right thing.

 

msanthrope

(37,549 posts)
89. Look, I'm gonna give you a bit of advice......
Mon Feb 27, 2012, 01:40 PM
Feb 2012

If she 'just' left and took the kids to NH, then your home state probably still retains jurisdiction over them.

Please, for the love of all that you hold holy, get yourself to a courthouse and file for a separation/divorce/custody arrangement. Talk to an attorney, Legal Aid, use the forms on the Internet, or what have you, but

MAKE THE NECESSARY FILINGS THAT ENSURE THAT WHATEVER STATE YOU ARE IN REMAINS THE "HOME STATE" OF THE CHILDREN FOR MATTERS OF CUSTODY AND DIVORCE.....


OTHERWISE--

1) NH will become the kid's home state after a certain period of time....and you will be litigating in NH, 2,000 miles away.

2) You will be travelling to NH to get anything done.

3) You will be paying according to NH support guidelines which may, or may not be favorable to you.


PLEASE GET QUALIFIED LEGAL HELP IN YOUR STATE, IMMEDIATELY!!! Although I am a lawyer, you cannot assume that I am YOUR LAWYER. PLEASE consult an attorney, and protect your rights.

This is a race to the courthouse. You need a case in your jurisdiction, to cement your claim to have your kids in your "home state."

 

saras

(6,670 posts)
5. I feel sorry for all the real people caught in this STUPID dualism of good kid/bad dad
Sun Feb 26, 2012, 03:23 PM
Feb 2012

A child support bill is exactly like any other kind of bill. If you can't afford it, you can't afford it, and getting a court to change it is often about as likely as getting the court to find you another job at your old pay.

NO ONE is served by this. It affects people who are ALREADY PAYING BACK THEIR DEBT, and it makes them UNABLE TO WORK LEGALLY, therefore almost GUARANTEES that they will quit paying again.


It doesn't affect deadbeats. They don't take jobs that garnish wages. There are plenty of other jobs, they are just less nice, and less legal. Why work for a construction contractor who will garnish 100% of your pay when you can work under the table?

existentialist

(2,190 posts)
9. 15 USC 303
Sun Feb 26, 2012, 03:41 PM
Feb 2012

I have seen cases where staes have violated the law and taken more than the 65% authorized--in one case about 93%, with result that the obligated parent quit the job, and there was nothing frp, which to collect.

Changing this law is a really dumb idea.

Also, this is not just a matter of policy; it is a matter of law. Changing it takes not just an administrative decision, but an act of Congress.

 

schmice

(248 posts)
12. It isn't always a clear cut issue.
Sun Feb 26, 2012, 03:55 PM
Feb 2012

I agree that deadbeat dads should be gone after, however, there are cases when some of these dads just cannot afford to even if they wanted to. Many men are working minimum wage jobs which do not leave them enough money to pay their rent and food. Many pay what they can but it still isn't enough to pay the court ordered amount. In California, if you are in arrears, the D.A.'s office can suspend any and all licenses you have, such as a driver's license contractor's license etc. If you can't legally drive, how can you get to work in order to earn money to support yourself and pay your legal obligations. Say for example that you get $1000 a month (to make the math easier for me) and they take 65% of that, it leaves you with $350 with which you have to make rent, utilities and food. Take that away, and you are left with...what?

Every parent has a moral obligation and legal duty to support their children. I have no quarrel with that. When you are living at the very lowest rung of society, it is often impossible. There are many fathers who try their best but just can't scrape up the entire amount. If they are disabled it only gets worse.

There is no simple formula that can be applied to all cases. Getting a modification isn't as easy as it sounds, either. (Before anybody thinks that I am in that situation and making excuses for myself, I assure you that I am not. I'm married and going through hard times paying for college educations for my kids.)

McCamy Taylor

(19,240 posts)
17. Don't blame the disabled dad. Blame the government
Sun Feb 26, 2012, 05:33 PM
Feb 2012

that is not willing to provide support for a child whose parents can not support him. States go after "deadbeat" dads because it saves them money, not because they "care."

BTW, Social Security Disability pays a check to the underage child as well as the disabled adult. The check goes straight to the custodial parent. I am guessing that the seized SSI checks are to make up for past deliquent payments.

 

happyslug

(14,779 posts)
50. SSI can NOT be seized, what is being discussed is SS Disability and other federal benefitsi
Mon Feb 27, 2012, 01:08 AM
Feb 2012

Supplementary Security Income (SSI) can NOT be reduced for this type of debt, or any other type of debt. SSI can be reduced do to the existence of other income, generally Social Security Disability payments. Just pointing out the Difference, what is being discussed is Social Security payments (both old age and disability) NOT SSI.

Social Security Disability and SSI are run by the Social Security Administration but they are two different programs, Social Security Disability is more an insurance/retirement policy, SSI is more welfare in nature.

varelse

(4,062 posts)
19. This is bad.
Sun Feb 26, 2012, 05:56 PM
Feb 2012

And it isn't, apparently, aimed at helping children.

"In many cases, the bills are decades old and the children long grown. Much of the money owed is interest and fees that add up when men are unable to pay because they are disabled, institutionalized or imprisoned.

Most of the money will go to governments, not to the children of the men with child support debts, independent analyses show. States are allowed to keep child support money as repayment for welfare previously provided for those children.

In some instances, the grown children are supporting their fathers."

Umbram

(1,425 posts)
23. Some of these responses are teabaggeresque at best
Sun Feb 26, 2012, 06:54 PM
Feb 2012

Telling disabled people to "go get a job". Seriously?

In situations where the child is living in a low income home, the garnished benefits most likely won't even be going back to the child, rather they'll be reimbursing the government.

I can only assume that non-custodial parents are all monsters, if progressives are happy to toss them out on the streets because their disabilities prevent them from keeping child support payments current.

mntleo2

(2,535 posts)
71. Hearts Umbram!!!!!!!
Mon Feb 27, 2012, 10:30 AM
Feb 2012

...my ex husband is on Social Security and they take 1/2 of his check ~ for which I do not get a red cent even though I worked and provided for our kids for almost 10 years without child support before I had to go on public assistance due to an on-the-job injury. Even though we divorced we raised our kids together and are on good terms, but he is unable to even have enough to pay any rent ~ and btw the taking of his Social Security does not count when it comes to calculating other benefits (medical and housing) for himself except for food stamps. They take the GROSS of the little he gets to calculate everything as if the child support does not exist.

While he could not afford to pay child support, he was *not* a deadbeat dad, participating in every aspect of raising his kids from caring for them while I worked for a wage, to attending their sports events and taking them to the doctor. Our kids are grown now, but frankly the TIME with them was far better than any money he could have paid if he could have, which he could not.

The reason the government is passing this bill is so THEY get their money, it has *nothing* to do with children (as usual in spite of their "poor little babies" meme). Who gives a damn about the needs of kids when there is money to be "saved"?


Love, Cat in Seattle

 

jbpdx

(33 posts)
28. Another reason for contraception.
Sun Feb 26, 2012, 07:54 PM
Feb 2012

And get ready for an explosion in crime and black market entrepreneurship.

Thinkingabout

(30,058 posts)
30. A child should not have to go without basis needs
Sun Feb 26, 2012, 08:55 PM
Feb 2012

If the parents thinks it is hard not to have any food or shelter what about their child.

OnlinePoker

(5,719 posts)
33. The issue is how the government treats the support payments
Sun Feb 26, 2012, 09:30 PM
Feb 2012

For the longest time in Canada, those paying support could deduct from and those receiving support were required to pay to their income tax. Thankfully, that has now been cancelled and the money goes to the receivor untaxed and can't be deducted by the payee. The biggest problem here, however, is if the person receiving the support payments is on welfare, the support amount is deducted from the welfare cheque. There is no support or hand up for the child at all. The only beneficiary is the government. Meanwhile, if a person is working, they get the money free and clear and the child is given a better chance at living a more fulfilled childhood. I know that for my son, even though I paid $550 per month for the last 6 years of his eligibility, I still had to pay for sports and arts programs under the table. Had the government found I was paying for these, the amount would also have been deducted from my Ex's cheque. It's as if the government wants to keep an impoverished class from generation to generation given that children on welfare are less likely to succeed in school and therefore earn less in adulthood.

bread_and_roses

(6,335 posts)
31. another example of the total bankruptcy of the "nuclear family" concept
Sun Feb 26, 2012, 08:57 PM
Feb 2012

... ever expecting just two adults to ever provide for all the needs - physical/emotional/social - of even one child was always insane - in more cases than not, someone is hurt in some way - yet we continue to treat every break-down of this defunct model as if it were an exception and an individual fault ...

 

MJJP21

(329 posts)
32. Chile support
Sun Feb 26, 2012, 09:03 PM
Feb 2012

Judging by the responses so far I don't think anyone has a clue about what goes on with child support. First of all don't misunderstand what I write as I am all for children being taken care of. What is wrong is the amount taken out for this support of which most of it is spent by mothers on themselves and boyfriends. You can't tell me it takes a hundred dollars a week to feed a child and they don't go through clothes that often either. I know from family members who are going throught this and I see the results in the people that ride my bus. These guys are being taken through the ringer .They can't afford a car or apartment. If they get behind its jail time.After that its a job loss and a continuing cycle of low wage jobs jail time etc. One guy asked his ex when she was going to get a job and her response was I don't have too.If a better paying job comes along the increase in wages is sucked up in higher support payments. All the people I have spoken with don't begrudge their children the necessities but all have said the ex wives are abusing the money and it is not going where it should.

uppityperson

(115,677 posts)
40. Seriously? Paying for housing, food, clothing, expenses for the child doesn't cost much? Seriously?
Sun Feb 26, 2012, 11:59 PM
Feb 2012

Start with housing. What's the difference between a 1 bedroom apartment and a 2 or 3 bedroom one? Or should the custodial parent not have their own bedroom?

Next, food. How much would you figure it costs to feed a child in a month?

Clothing. 2 sets of clothing, pants, shirts, undies, socks, shoes. How much is that? Why do so many custodial parents shop at thrift stores?

School supplies.Incidentals. How about an occasional movie or something fun?

"most of which is spent by mothers on themselves and boyfriends" my butt. Yes, there are those who do take advantage but the majority of people receiving child support spend far more than they get on the child/ren. If "all the people" you have spoken to begrudge supporting their children financially, maybe you should expand your group of friends. I've heard that from my ex and many others and once you look at the numbers, it is bullshit.

Marrah_G

(28,581 posts)
72. I work two jobs and get child support
Mon Feb 27, 2012, 11:01 AM
Feb 2012

Every dime I have is spent on living expenses for myself and my boys. I am certainly not spending child support on myself and my boyfriend. I have one in college, one just finishing HS and planning to join the military. He has only not paid support during one year long period when he was seriously disabled. I've never taken him to court to have payments increased.

Your broad brush description of single mothers is really over the top.

Response to Purveyor (Original post)

BiggJawn

(23,051 posts)
35. I was expecting to see "Fuck the Deadbeats" responses...
Sun Feb 26, 2012, 09:49 PM
Feb 2012

I was not disappointed.
Saddened, but not disappointed.
Child support is a racket. Everybody loses except the State.

You think it's hard getting payments when your ex-husband can't get a job? Try getting a support order enforced when you're a custodial dad.

uppityperson

(115,677 posts)
43. I'll say fuck the deadbeat parents, of either sex. Child support is for the child, no matter who
Mon Feb 27, 2012, 12:01 AM
Feb 2012

is custodial or non-custodial and fuck deadbeat parents.

bobbyblack

(15 posts)
41. Some of you have little inkling of which you speak here, allow me...
Sun Feb 26, 2012, 11:59 PM
Feb 2012

to explain. I just got crushed by a utility trailer on the job last February. For one year now, i have been unable to work. Surgeries, legal wrangling by the insurance company, and the bad fortune of not pulling but 2/3 of my pay, which was low anyway, because it was a temporary job. I get 200 dollars a week period, shut down my summer lawn and pool business, have sold most of what i own and STILL get 400 dollars plus fees and such taken from my check, and have a 200 dollar a month deficit being penalized and jacked up and am facing a court date and possible jail for being behind because of people just assuming i am a deadbeat, as many of you out there seem to bandy about in your simple solutions. It is disheartening to see such hardline attitudes applied ot every man who falls behind, thanks to circumstances beyond all control. Who suffers? The Family. The whole family, and in my case, i guarantee you my estranged daughter suffers the least. Her mother runs a very successful business in New York, and dates a Dentist on top of that.
i am disabled. Crippled. In court, and unable to work and still fighting to get disability payments after 30 years paying into it while a judge is ready to put me in jail while so many cheer because i didn't show the prescience to not get hurt at work and enter into a legal process that could take years. Really ya'll! I have my 2 kids by my wife with me, and she is now working two jobs after being a housewife for most her years is now struggling to keep our home together, child support notwithstanding. I am facing jail, losing everything in the meantime, and the Child Support folks are not at all easy to deal with, and my payments reductions were denied, pending the outcome of my case. They are hoping i sue and win so they can raise my payments, i have no doubt. to say that they are there for us dads doing our best when things don't work out is laughable. Deadbeats is too Black and White, and until you can see every case instead of the Nancy Grace versions that seem to dominate the discourse, you should pause in your rush to judge us all. i cannot be the only only one. The system has made a mess out me, and to them and to many of you it seems, it is best to punish me, and my family entire, to teach me a lesson about...what exactly did i do so wrong?

Noodleboy13

(422 posts)
44. Something very similar happened to my brother.
Mon Feb 27, 2012, 12:01 AM
Feb 2012

The auto shop he worked at went under. He lost his apt. Due to non-payment of child support, he lost his Drivers License. Makes it tough to get to his new job.

Oh yeah, his ex-wife is re-married and drives a brand new SUV. Their son is doing fine; they don't need my brother's money.


peace,
Noodleboy

woo me with science

(32,139 posts)
45. Hey, this is a great idea for those behind on student loans, too.
Mon Feb 27, 2012, 12:14 AM
Feb 2012


Be careful what precedents you set.

This entire nation is drowning in debt, because the system has been rigged that way. Don't set dangerous precedents just because you think child support is in a different category. The government should not be in the business of garnishing ALL of what anyone depends on to live.

Crunchy Frog

(26,578 posts)
52. If they didn't want that sort of thing to happen,
Mon Feb 27, 2012, 01:19 AM
Feb 2012

then maybe they should have held an aspirin between their knees.

 

happyslug

(14,779 posts)
53. Lets understand the problem,
Mon Feb 27, 2012, 01:46 AM
Feb 2012

First NO ONE IS CHANGING THE LAW as to how much attachment can be made, it will remain at 65%. This rule will remain the same once the US Treasury REQUIRES all benefits to have bank accounts for direct deposit of those benefits (including Social Security)

The problem is under a DIFFERENT US Treasury rule passed last year, the States can ATTACH those bank accounts if the person owes any Child Support.

i.e. The US Treasury sends to the bank a person's Social Security Check, less the 65% attachment, then the State can grab the remaining 35% after it is deposited into the account of the recipient. Thus the Social Security recipient will have Zero Dollars, 65% taken by the Federal Government, the remaining 35% taken by the State AFTER the Check is deposited.

Presently People can avoid the State's attachment of their bank accounts, by NOT having one. i.e. the recipient gets a PAPER CHECK and just cashes the Check instead of depositing it into a bank account. This option will disappear when the Treasury Department REQUIRES everyone to have a bank account.

Note the problem is what will someone lives on when the STATE order for attachment of wages exceeds someone's income? In many of these cases the State that is different state then the recipient lives in..

I had three cases, all three involved people who have lived in Johnstown Pa since the 1970s, but for two of them New York State had issued a Child support order in the 1970s that still had arrears outstanding. Do to that outstanding Child Support arrears they recently found that their Social Security was attached and the only way to get the attachment reduced to so that the Social Security they would get would be equal to what they would get if they were on SSI, was to petition the New York Courts, and they could NOT do that by mail or phone, they had to appear personally. It was a pain, nothing I could do for them from a SSA point of view.

I did discuss the possibility of changeling this on Constitutional grounds, i.e. how can a New York Order be valid on someone living in Pennsylvania WHEN New York always had the ability to "Transfer" the case to Pennsylvania for enforcement, but Pennsylvania would NEVER have required that the Social Security they received would ever drop below the SSI level. I advised them that given the back log as to SS appeals its would take a year and a half to get in front of an Administrative Law Judge, then another two years to get to a Federal Court Judge, I advised them go to New York and file the paperwork needed to have a hearing to reduce the attachment to leave them the Federal "Standard of Need" (i.e. the SSI amount). Such a hearing would be over and done with in about three months. After a couple of Months both went and had their payment ordered reduced.

The third client had an order from California. Ask yourself how can a person living on the East Coast and have no money for most of it was attached, could travel to California to ask for a reduction? Again the State would NOT accept a phone call for a reduction, but he told me he could live on what he was getting and never returned to my office.

I point these client out, for the problems was Arrears (Arrears to the State Welfare Department, the custodian parent and the child had been on Welfare thus any support was assigned to the Department of Welfare) and excessive withholding of Social Security to pay those arrears. The fast way is to reduce the Order to just above the "Standard of Need", that gives you just under $700 a month to live on. I just see this becoming more and more of a mess do to attachment of Federal Benefits to reimburse states for Welfare costs.

 

jberryhill

(62,444 posts)
56. Bingo
Mon Feb 27, 2012, 02:11 AM
Feb 2012

The facile assumption made by several in this thread is that the non-custodial parent lives anywhere near the relevant state court which issued the original support order.

"Ask yourself how can a person living on the East Coast and have no money for most of it was attached, could travel to California to ask for a reduction?"

You aren't going to get an answer from the "go to court yourself" idiots in this thread.

uppityperson

(115,677 posts)
107. Same way I went to court myself from 1000 miles away. I filed through the mail.
Mon Feb 27, 2012, 07:45 PM
Feb 2012

Ended up with the courthouse address in ink in my personal phone book and a template on my computer. I lived nowhere near the court and yet managed to file for many yrs, get the modifications as they were needed as both a custodial and non-custodial parent.

Not through a fax. Not through a lawyer. Not having to pay a thousand dollars a pop to go there. Through the mail. USPS.

Unless, of course, you aren't including me in the "idiots".

 

happyslug

(14,779 posts)
119. Most states that can be done, but some states, especially older cases, NOT True
Tue Feb 28, 2012, 11:24 PM
Feb 2012

If the case is under the Federal IV-D program, it is relatively easy to do things by mail, but the cases I was involved with were cases FILED before Welfare Reform of the mid 1990s AND the latest change in the Federal IV-D program. Since these were older cases, dating from the 1970s, the States Courts I mentioned were NOT set up to handled request for reductions in attachments. My clients HAD to go to the Courts directly. I even tried to do it via the mail, but the courts REFUSED to do anything given how old the cases were WITHOUT the claimant being present.

Most cases are handled through the State Domestic Relations Programs funded by the Federal Government as part of the Welfare Reform Package of the mid 1990s. When Welfare Reform was started in the mid 1990s, the GOP found out that the Federal government had NEVER provided any welfare assistance to any families that did NOT have minor Children in the family. i.e. Adults NEVER received a cent of US Federal Welfare assistance (Such adults can get FOOD STAMPS, but that is a different program, run by the Agricultural Committees of the House and Senate and the GOP chairman of those Committees absolutely opposed Welfare Reform so no change came to Food Stamps exempt as part of the Budget Process).

Side Note: As part of the GOP attack on Government Benefits, Food Stamp law was changed, but only as part of the Budget NOT the underlying law. i.e. had to be passed each year, or the law reverted to the underlying law. One aspect of this was payment of over-payments of Food Stamps. Until the mid 1990s, such over-payments, if NOT the fault of the recipient (i.e. told the truth but received to much food stamps), could be ordered BUT only if the recipient agreed. If the food stamp recipient said they could not afford to pay the over payment back, future food stamps could NOT be reduced to off set the over-payment. This all changed in 1995, Food Stamps were made to follow the same rule as Welfare, any over-payment, no matter who was at fault, had to be paid back 100% AND the State could reduce future food stamps to off set the over-payments. This had long been the rule as to Welfare, but only from 1995 onward was it made the law as to Food Stamps. Now, as I said, this change was opposed by the Agricultural committees of the House and Senate, thus the change was done in the Budget NOT the underlying law. Every year since then, the law has been re-passed as part of the budget. The Democrats did the same when they controlled the house and Senate after the 2008 election.

Anyway, back to the topic, Child Support. In child support cases since the mid 1990s, states can take two options, first option is permit the non-custodian parent to participate via phone in support hearings, the other option is the IV-D program. Roughly the IV-D program permits a state where the child is living, to take the evidence of the parent living with that child, then transfer the case to the county where the non-custodian parent lives. In that later state, that state applies its laws to how much the non-custodian parent must pay (and remember this is all driven by Welfare Reform, so Congress REQUIRED the payments to be high for low income people, to keep children off the welfare rolls).

Some more background on the IV-D program:
http://www.in.gov/judiciary/citc/files/title-iv-d.pdf
http://www.dshs.wa.gov/pdf/esa/dcs/tribal/OCSEcomparisonsIV-D.pdf

Thus Congress has made it easier to do Support cases between the States since the mid 1990s. Furthermore, many cases pre-date that change. especially when it comes to the issue of arrears (i.e. a non-custodian parent received welfare, and the support obligations was transferred to the Welfare Department in exchange for Welfare). Now, 20-30 (and in some cases 40-50 years) later the State is going after these "Dead-beats" by attaching their Social Security. I have NO problem with that, but I have seen cases where a person's had so much of his Social Security taken, that the amount her received is below the SSI amount.

Second Side Note: Social Security stated out as a strictly old age pension when passed in the 1930s. In 1954, as part of a long awaited reform of Social Security, do to the fact that the old age program was finally paying most people who were over age 65 were on Social Security. As part of this reform, Social Security Disability was added, i.e. if you had a work history and then became unable to work, then you could get your full Social Security amount, as Social Security Disability instead of being over age 65.

Third Side note as to Social Security: Social Security was phased in, with some people getting full Social Security as early as the late 1930s after paying into it for just a few years. Older people received nothing. Many of those older people found that they would be eligible for Social Security if they were born in some year AFTER they had been born. Since many of these same people were born when they were NO birth Certificates issued, the only record of their birth was the Family Bible. Social Security were accept family bible entrances of birth-date if they was no other evidence of the year of birth. Many a family bible had the birth year changed, the story was my grandfather, who controlled his family bible, changed several relatives year of birth so they could get Social Security.

Back to Second Side note: In 1974, Congress created the Supplemental Security Income (SSI) program and told Social Security to run it. Congress defined disability for SSI as the same for Social Security Disability (i.e. the inability to do work) BUT did NOT require a work history. SSI was designed to help those people who had NEVER been able to work for any reasons, AND those people whose work history was so spotty that the amount of Social Security they were receiving was below what Congress determined to be the bare minimum someone needs to receive to survive (This is referred to as the "Standard of Need&quot .

Today, in most states, Domestic Relations will NOT order a Support Order so large that it forces someone's income below the "Standard of Need". Which in 2012 is $697,00 per month. This is also the amount someone receives if all they get is SSI (IF they have any other source of Income, including any Social Security, their SSI is reduced by the amount that person received from that other source of Income). The rationale is simple, the "Standard of Need" is the amount Congress has determined one needs to survive.

The problem in these older cases, the arrears are quite large, often 18 years worth of welfare. The States holding these welfare arrears inform the Federal Government, who then informs SSA to reduce the Social Security by the amount set by the State court, in the cases I had to advise people on, by an amount that reduced their Social Security below the "Standard of need", i.e the amount the people would be getting if the only thing there were getting was SSI.

Worse, under Social Security Law as to attachments, such large attachments are permitted as to Social Security BUT NOT TO SSI. i.e. Two people getting about the same amount per month, but one is getting SSI, the other Social Security Disability. No attachment is permitted as to the person on SSI, but the person on Social Security can lose a good portion of his check. For this reason, a good rule is no Social Security check should be subject to attachment if that would drop the recipient below the "Standard of Need". At present that is NOT the law, and could become worse if this demand that everyone gets direct deposit to get Social Security becomes the law WITHOUT a rule that any attachment can NOT drop a person below the SSI amount.

As I said in my original post, most states will accept the "Standard of Need" as amount the payer MUST be left with, but in the cases I had to deal with, these older cases, the courts would NOT co-operate with my clients until they came to the state to request a decrease in the amount being taken.

Please note. the Cases I was involved in, all three of the Cases involved people who have been on Social Security since the 1970s. Thus NEVER had an ability to support their child except by the Survivor's amount given to that Child under the Social Security program. Now, after 30 years, the amount of their Social Security is being reduced for the first time AND then by an amount that puts them below the "Standard of Need". All three had a good relationship with they now adult child, one was actually living with the Child, but no money was to go to the child or the former custodian parent, but the money was to go to Welfare to reimburse Welfare. Welfare has waited this long, they could at least agree to permit the payee to keep at least the "Standard of Need", till the arrears are re-paid in full.

boppers

(16,588 posts)
55. A penis is worth a million dollars.
Mon Feb 27, 2012, 02:09 AM
Feb 2012

If you have one, and are reckless with it, well, you will owe a lot of people money.

SemperEadem

(8,053 posts)
66. same goes for vaginas
Mon Feb 27, 2012, 08:05 AM
Feb 2012

having one doesn't give one a license to be rapacious and spiteful.

yes, there are men out there who don't give a fuck about supporting their children. No one is arguing that they don't exist.

However, there are plenty of men who want to do right, but because of circumstances beyond their control (injury, lay-offs/job loss, mental health issues) they cannot meet what was ordered. There should be a remedy made available to them to restructure their payments or give them the opportunity to have joint custody and the mother also pay into it so that the best interests and needs of the child are met. The alternative is that married people cannot leave or obtain divorces and force them to remain in the marriage/relationship until the minor child has reached the age of majority.

There is no one out there that will go along with being forced to remain in a marriage in order to meet the needs of their child.

boppers

(16,588 posts)
98. What does marriage have to do with it?
Mon Feb 27, 2012, 05:57 PM
Feb 2012

Two separate topics. Marriage is a contract entered with another person (usually for life, or more) to work together. Impregnation has no contract, no agreement, required. Rape 50 women? Expect to pay 50 child support payments.

Yes, life circumstances *do* make things hard, and money gets tight at times. Welcome to parenting, this is how it is.

dotymed

(5,610 posts)
67. Have you noticed how sexist the resposes are?
Mon Feb 27, 2012, 09:01 AM
Feb 2012

So far, every response I read has been about Fathers owing or paying child support. This says so much about our country. Many men make better parents than their spouses. Yet seemingly, no matter how much evidence a man provides, he is most likely to be the non-custodial parent. It is one of the great injustices that has been ingrained into our justice system. So many childrens lives are ruined because the best parent had a penis.

obamanut2012

(26,046 posts)
70. That is not true
Mon Feb 27, 2012, 09:34 AM
Feb 2012

It used to be, many years ago, but children's custody is now given to the parent who holds "the best interest of the child." These laws have resulted in not only fathers being given full custody, but ore often the parents sharing joint custody, which is in the best interest of the child.

Occulus

(20,599 posts)
82. Yes, it is true.
Mon Feb 27, 2012, 12:51 PM
Feb 2012

Sorry, but it is.

"Best interest of the child", for far too many judges, means "being with the mother".

SemperEadem

(8,053 posts)
108. very true
Tue Feb 28, 2012, 07:21 AM
Feb 2012

there are plenty of men who do right/act right who are punished because of how unfairly the laws are skewed towards the mothers.

Le Taz Hot

(22,271 posts)
110. I started an OP
Tue Feb 28, 2012, 08:44 AM
Feb 2012

probably 8 years ago on DU about this very subject. The man-bashing that went on turned my stomach and I ended up being called a misogynist.

The fact is the court system DOES favor the mother over the father in custody cases. The fact is that the REAL deadbeat dads work under the table but the fathers who want to be a part of their child's life and want to pay child support are the ones the courts can find and they get screwed 3 ways from Sunday.

Taking them back to court? In California non-custodial parents are PUNISHED if they go back for a modification --they get HIGHER child support.

My ex-husband's child support was based on his regular hours and overtime hours. He tried to argue that overtime is never guaranteed. The court didn't want to hear it and assessed his payments based upon non-guaranteed hours (and many times he did NOT get overtime). For about a year it was legal in California to lump in the new spouses income when figuring out child support which meant I was actually paying child support even though I didn't have any children. Meanwhile, mommy would send the kids over with old, dirty clothes, no coats in the winter and torn up shoes. Needless to say we took care of that but it leaves one wondering, what, exactly, was she spending the flippin' money on if not for her kids. Oh yeah, she was driving around in a brand new car while we were driving junkers.

My current husband was assessed child support on a 21-year-old daughter who was in college. He was assessed $1,000 a month for her. The problem? We weren't notified of the court order for 10 MONTHS so when we finally got the court order, we were $10,000 in arrears. So then we get the fun of not only paying $1,000 a month we had to pay an extra $500.00 a month to go towards the back child support.

One more. Recently a relative of mine's husband went to try to get custody of his son whose mother is a confirmed died-in-the-wool crack addict. When he went to court, he was not only NOT given custody, they jacked up his child support. After the ordeal he was deeply depressed. Earlier this month he took a gun to his head and killed himself. Well, I guess crack-addicted mommy will now get the benefit of his child's SS death benefits. See? It's a win-win for HER all the way around.

For every story of a deadbeat dad, I can match it with stories about deadbeat moms. The POINT is what's good for the children and so often what's good for the children is for the DAD to get custody but dad doesn't have a chance in the court system.

Response to Purveyor (Original post)

shanti

(21,675 posts)
92. this is a bad move
Mon Feb 27, 2012, 02:25 PM
Feb 2012

i know several men who owe tens of thousands in back CS, and are on disability. If this is finalized and the state gets their way, they will literally be on the street!

Fearless

(18,421 posts)
93. Frankly if I had to choose...
Mon Feb 27, 2012, 02:27 PM
Feb 2012

Between an adult and a child going without food or heat... I'd pick the adult every time. This whole "disabled man" argument is a wedge issue, a vast minority of those skirting child support payments. There should be an exception, work on that. But the idea behind the change isn't the worst idea in the world. I do say again, I am a teacher and I work with children and it breaks my heart to see some of the things they have to accept at such a young age.

TheKentuckian

(25,020 posts)
117. By no possible logic is this sustainable, your "choice" is not one. It is toxic for society.
Tue Feb 28, 2012, 05:12 PM
Feb 2012

What will these folks with mandated zero income do to survive and what will be the costs of the blowback from those actions.

I also add the the choice isn't between starving and freezing children and starving and freezing adults but between starving and freezing adults and the government getting a fake bit of return on their welfare investments. Fake because the systemic recovery costs and especially jail time wipe out more than can optimistically be recovered. Six months in jail might cost the state more resources than someone's obligations over several years.

I think we can be wiser than this, more thoughtful, and less rigid mentally and I say this as a kid that grew up on the wrong end of this with a sperm donor that didn't contribute an iota and stepfather (that I thought was my father) getting the little change for me and my sister whittled away to less than school lunch money over time, much less really.

We as a people have a dangerous prediliction for looking at policy and law strictly in a vacuum. We cannot be bothered to look at the whole and how one thing impacts another.

There is no net societal benefit of creating a layer of people with a mandatory lack of income, no matter how "correct" or altruistic the reasoning may seem. Hell, even the 65% is stupid in the context of most earners because there isn't enough left for such a person to be self-supporting and so they become a drag somewhere be it on the system in a game of really goofy robbing Peter to pay Paul or on other struggling people of similar or worse economic standing, who then need more aid or are less able to improve their lot, advancing and spreading generational poverty.

I do think we should make it really tough to get arrears by making reasonable child support a payroll/benefit deduction for everyone with an order to pay, which won't fix all the problems but it will keep those with income on the straight and narrow which I think would head off the majority of problems.

Nye Bevan

(25,406 posts)
102. If the non-custodial parent dies of starvation or freezes to death, that doesn't help the kids.
Mon Feb 27, 2012, 06:58 PM
Feb 2012

The non-custodial parent should be left with enough for basic food and shelter.

divineorder

(536 posts)
118. I have felt for years child support money should be pooled
Tue Feb 28, 2012, 07:51 PM
Feb 2012

In a common pool of money which a parent would apply for, and the amount given would be based on a formula. Like the lottery, where proceeds are paid out of the fund, every non-custodial parent would pay a special tax assessed of their income. It would be the court who would assess the needs of the custodial parent, and determine the allocation of money to a parent coming out of a common fund.

 

LanternWaste

(37,748 posts)
122. "Oh, and before anyone accuses me of being a deadbeat..."
Wed Feb 29, 2012, 10:48 AM
Feb 2012

"Oh, and before anyone accuses me of being a deadbeat..."

Man oh man... that, and its multiple variations on a theme, are the most priceless lines.

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