"Moon Shyne" wrote in message
...

"Bob Whiteside" wrote in message
ink.net...

"Moon Shyne" wrote in message
...

"Bob Whiteside" wrote in message
ink.net...

"Werebat" wrote in message
news:TjaFf.158396$oG.37265@dukeread02...

Here is a more detailed account of the case:




http://www.lsj.com/apps/pbcs.dll/art...602040317/1001
/news

Sadly, the focus in cases like this one are on the NCP father and his
"failure" to seek a CS change. The deputy DA in the story above
takes
it a
step further and talks about how the CP mother was forced to support
her
children over the years without any financial support.

So what's wrong with this picture?

Well, for openers, the states selectively apply the CS statutes
ignoring
statutory requirements when they don't work to their advantage. In
this
case where were the 2-3 year interval CS order reviews to determine
if
the
ordered amount was still appropriate? The original CS order was from
1987.
The man went to prison in 1992. Why was no CS review completed
during
that
5 year period or the subsequent 13 year period he was in prison?

Because the review isn't automatic. They send a letter to the
recipient
of the child support, who can elect to have the
review done, or ignore it, in which case the review isn't done.

When a suuport order is at least two years old, the IV-D agency, at the
request of either parent or the state, must review the parties' incomes
and
situations to determine whether the support amount is still in
substantial
conformity with the guidelines.

At the request of either parent, or the state. It appears that neither
parent, nor the state, requested such a review.

He went to prison in 1992. At that point the state claims he was current on
CS. He requested his CS payments to be suspended in 1995. At the rate of
$100 per week he would have owed somewhere around $15,000 at that point.
The state says he owed $23,000 in CS in 1997 and now owes $38,000 in CS plus
interest. Looks to me like some pretty clear evidence the state did not act
on his request to have his CS payments suspended back in 1995.