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Some Sensible Questions about Child Support Debtors’ Prisons
http://mensnewsdaily.com/glennsacks/...btors-prisons/
http://www.chattanoogan.com/articles/article_159775.asp Woman Asks Some Sensible Questions about Child Support Debtors’ Prisons Saturday, October 10, 2009 By Robert Franklin, Esq. I was riding in a car with a couple of old friends the other day. They're both educated and smart. One of them is a woman with whom I attended law school. At one point she opened a topic of conversation with the words "I know we don't have debtors' prisons anymore..." which prompted me to interrupt and, in no uncertain terms, point out to her that we do in fact have debtors' prisons for one crime only - non-payment of child support. As I said, she's a smart person; she reads newspapers, etc., but was still able to hold the opinion that we've abolished debtor's prisons. It's interesting how difficult it is for people, even smart, informed ones, to notice when facts contradict previously held opinions. Anyway, here's a letter that makes some simple basic points about our current day debtors' prisons (The Chattanoogan, 9/28/09). It reminds us of what many people, my friend included, learned in school - that one of the reasons debtors' prisons were abolished was that debtors can't make good on what they owe when they can't earn a living. The writer doesn't seem to know about some rather arcane facts, like that 63% of child support debtors report under $10,000 in earnings per year, or that even the Office of Child Support Enforcement admits that family court judges routinely order support levels that the non-custodial parent can't pay. What she does know, however, is that her next door neighbor is a good father who does a lot for his daughter and obviously cares deeply for her. She knows he lost his job, genuinely can't pay what he owes, won't be able to until he's re-employed and won't find a job sitting in jail. More importantly, she knows that every day he's in jail is a day his daughter isn't with him. And that's the unspoken farce of debtors' prison for child support obligors - we care so much about the wellbeing of children that we take their fathers from them and put them in prison. That's sensible only if you believe that fathers have nothing to offer children except money. And that, come to think of it, is a pretty fair description of public policy with regard to fathers and children. There are probably parents out there with plenty of money to pay child support who just refuse to. According to Sanford Braver's reliable analysis, there aren't many, but there are probably some. I don't mind putting them in jail. If all that's standing between a child and support is someone's signature, which that someone refuses to give, I say the slammer is a good place for him/her until the wisdom of paying arrives. But those parents aren't common. What we do now - incarcerating parents who can't pay - is more about our mindless outrage at fathers than about supporting children. The argument against debtors' prisons is the same as it's always been - they don't help and they in fact do harm, as the letter linked to clearly shows. The sensible approach to all of this is equally shared parenting in which parents have equal time with children and share the expenses of childcare equally. But until we get there, family courts must (a) start establishing support orders that parents can actually pay, (b) start enforcing visitation orders (that's the main cause of refusal to pay), and (c) establish summary procedures for child support modification that reflect changed circumstances. Oh, and (d) only send people to prison who can pay but don't. [Dusty - (d) only send people to prison who can pay but don't - only after proving it with hard evidence, not just someone's gut feeling or say-so.] |
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Some Sensible Questions about Child Support Debtors’ Prisons
"Dusty" wrote in message ... The sensible approach to all of this is equally shared parenting in which parents have equal time with children and share the expenses of childcare equally. But until we get there, family courts must (a) start establishing support orders that parents can actually pay, (b) start enforcing visitation orders (that's the main cause of refusal to pay), and (c) establish summary procedures for child support modification that reflect changed circumstances. Oh, and (d) only send people to prison who can pay but don't. [Dusty - (d) only send people to prison who can pay but don't - only after proving it with hard evidence, not just someone's gut feeling or say-so.] There is another item to add to this list that really troubles me. Some forms of income and assets are exempted from CS order calculations and garnishments. The courts know they can't order the father to tap into that income and the courts know they can't garnish those assets. So instead the courts order a set amount to be paid by a certain date and tell the father they don't care where he gets the money from as long as he pays. So my addition to the list is (e) Courts should be barred from playing games to get around the legislative intent behind the CS laws. |
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Some Sensible Questions about Child Support Debtors’ Prisons
"Dusty" wrote in message ... http://mensnewsdaily.com/glennsacks/...btors-prisons/ http://www.chattanoogan.com/articles/article_159775.asp Woman Asks Some Sensible Questions about Child Support Debtors’ Prisons Saturday, October 10, 2009 By Robert Franklin, Esq. I was riding in a car with a couple of old friends the other day. They're both educated and smart. One of them is a woman with whom I attended law school. At one point she opened a topic of conversation with the words "I know we don't have debtors' prisons anymore..." which prompted me to interrupt and, in no uncertain terms, point out to her that we do in fact have debtors' prisons for one crime only - non-payment of child support. I could be mistaken, but I believe they also have debtors' prison for the crime of tax evasion. As I said, she's a smart person; she reads newspapers, etc., but was still able to hold the opinion that we've abolished debtor's prisons. It's interesting how difficult it is for people, even smart, informed ones, to notice when facts contradict previously held opinions. Anyway, here's a letter that makes some simple basic points about our current day debtors' prisons (The Chattanoogan, 9/28/09). It reminds us of what many people, my friend included, learned in school - that one of the reasons debtors' prisons were abolished was that debtors can't make good on what they owe when they can't earn a living. The writer doesn't seem to know about some rather arcane facts, like that 63% of child support debtors report under $10,000 in earnings per year, or that even the Office of Child Support Enforcement admits that family court judges routinely order support levels that the non-custodial parent can't pay. What she does know, however, is that her next door neighbor is a good father who does a lot for his daughter and obviously cares deeply for her. She knows he lost his job, genuinely can't pay what he owes, won't be able to until he's re-employed and won't find a job sitting in jail. More importantly, she knows that every day he's in jail is a day his daughter isn't with him. And that's the unspoken farce of debtors' prison for child support obligors - we care so much about the wellbeing of children that we take their fathers from them and put them in prison. That's sensible only if you believe that fathers have nothing to offer children except money. And that, come to think of it, is a pretty fair description of public policy with regard to fathers and children. There are probably parents out there with plenty of money to pay child support who just refuse to. According to Sanford Braver's reliable analysis, there aren't many, but there are probably some. I don't mind putting them in jail. If all that's standing between a child and support is someone's signature, which that someone refuses to give, I say the slammer is a good place for him/her until the wisdom of paying arrives. Excellent example of the word "wisdom" being employed in a foolish statement. But those parents aren't common. What we do now - incarcerating parents who can't pay - is more about our mindless outrage at fathers than about supporting children. The argument against debtors' prisons is the same as it's always been - they don't help and they in fact do harm, as the letter linked to clearly shows. The sensible approach to all of this is equally shared parenting in which parents have equal time with children and share the expenses of childcare equally. NOT sensible since "equal" expense sharing is precisely what lead to the current system. How about each parent care for the child as they deem fit; just as mothers get to do. Gee, what a novel concept......... But until we get there, family courts must (a) start establishing support orders that parents can actually pay, (b) start enforcing visitation orders (that's the main cause of refusal to pay), and (c) establish summary procedures for child support modification that reflect changed circumstances. Oh, and (d) only send people to prison who can pay but don't. How about keeping the government people OUT of it! [Dusty - (d) only send people to prison who can pay but don't - only after proving it with hard evidence, not just someone's gut feeling or say-so.] They shouldn't send ANYONE to prison! Whether or not they have the ability to pay is irrelevant since "child support" is an artificial debt in the first place...... |
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