Child support web content

Hello, my name's Jimmy Verner, I'm an attorney practicing family law
in Dallas, Texas. You can find out more about me at http://www.vernerbrumley.com

I've recently published a new website called The Child Support Web, at
http://www.childsupportweb.com I'm always searching for new content.
This list seems more inclined to the noncustodial parent point of view
which is why I'm writing this note.

Most child support sites - so far, mine included - lean toward the
custodial parent. But I'd like to get some more content from the
noncustodial parent side. By content, I mean resources, substantive
articles, etc. Child support is an emotional issue; I'm not looking
for opinions, and I won't post vitriol from any viewpoint.

Anyway, if you have or know of any such content, pls. keep me in mind.

TIA

jverner wrote:
Hello, my name's Jimmy Verner, I'm an attorney practicing family law
in Dallas, Texas. You can find out more about me at http://www.vernerbrumley.com

I've recently published a new website called The Child Support Web, at
http://www.childsupportweb.com I'm always searching for new content.
This list seems more inclined to the noncustodial parent point of view
which is why I'm writing this note.

Most child support sites - so far, mine included - lean toward the
custodial parent. But I'd like to get some more content from the
noncustodial parent side. By content, I mean resources, substantive
articles, etc. Child support is an emotional issue; I'm not looking
for opinions, and I won't post vitriol from any viewpoint.

Anyway, if you have or know of any such content, pls. keep me in mind.

TIA


If you want to try one site, http://www.dadsdivorce.com is a good starter.

In as far as a point of view, I'll ask you two questions:

1. How many times in the course of your practice have you seen a parent
jailed for contempt of visitation and parenting rights of the
non-custoidal parent? (Internet references would be appreciated)
2. How many times have you seen a parent jailed for contempt of not
paying child support (no need for the reference, I'm sure I can google
that one)

Thx. for your note - I'll take a look. As to the questions, I think I
could write a book on them, but here's the short version:

Jailed for visitation: Rare, but actually, it happened to a female
client earlier this year. She was represented by someone else in the
trial court (I was hired to do an appeal; we're still working on
that). She spent the night in jail. But that begs the question - it
is rare for someone to be jailed - male or female - for denying
visitation. The reasons? In my opinion, the courts get tired of
hearing cases where the violations are being 30 minutes late and the
like so they are predisposed against this type of case. Second, I
don't think the courts think visitation violations as as important as
child-support violations (unless the visitation violations are
flagrant). Finally, visitation-denial cases are harder to prove
because usually it's he said-she said. With failure to pay cases,
it's a lot easier to establish whether a person got paid and how
much.

Jailed for nonsupport: Not the norm, here in Dallas County and
environs. The reason? What the courts typically do on a contempt is
sentence the obligor to three days in jail but then suspend the
sentence provided the obligor follows conditions which normally
include a payout on past-due support. So unless people are really,
really broke, or just really, really hardheaded, they don't wind up in
jail.

About jail - I think the courts in Dallas County are reluctant to send
anyone to jail because the jail is in danger of being closed to new
prisoners because it's in such poor shape. I think judges would
rather get violent criminals off the streets instead of people who do
not allow visitation or don't pay child support. Also, it costs the
county money to keep a person in jail.

In the law practice, I want parents to allow and participate in
visitation regardless whether child support is up to date, and I want
parents to pay child support regardless whether there are visitation
problems. When I represent the obligee, I want child support paid,
not the other parent in jail, because if the other parent is in jail,
he cannot be out earning money to pay my client.

FWIW.

Jimmy Verner

jverner wrote:
Thx. for your note - I'll take a look. As to the questions, I think I
could write a book on them, but here's the short version:

Jailed for visitation: Rare, but actually, it happened to a female
client earlier this year. She was represented by someone else in the
trial court (I was hired to do an appeal; we're still working on
that). She spent the night in jail. But that begs the question - it
is rare for someone to be jailed - male or female - for denying
visitation. The reasons? In my opinion, the courts get tired of
hearing cases where the violations are being 30 minutes late and the
like so they are predisposed against this type of case. Second, I
don't think the courts think visitation violations as as important as
child-support violations (unless the visitation violations are
flagrant). Finally, visitation-denial cases are harder to prove
because usually it's he said-she said. With failure to pay cases,
it's a lot easier to establish whether a person got paid and how
much.

Let's go down this list point by point.
1. A thirty minute late is not what I am talking about. What I am
talking about is the cases where either the custodial parent absolutely
refuses to let the other parent see the child for false reasons
(undocumented illnesses, etc) or just plain out refuses, or where the
custodial parent is so late (think hours on end) that they cause the non
custodial parent to leave. The one case I've read about is where a non
custodial was kept waiting for three hours, left, only to have the
custodial parent call and say that they were only "at the grocery store"
and that if he was a good father he would have stayed around.
2. In terms of being "not as serious", those courts have a rather
limited and myopic view of what child support is then, not to mention
the role of the other parent in the child's life. The custodial parent
is not just taking that check and depositing it in a bank somewhere for
the kid's college fund (at least in most cases). Nor is that custodial
parent for the most part required to document how they are spending that
money while they have the child. Well, when I have my kids for any
amount of time, my support includes what I am doing for them (i.e buying
the food, room, etc). By denying parenting time, the other parent is,
in essence, denying that child their support. And then there is a
number of articles out there showing the effect of an absent parent
(mostly the father) is on the children. Do the courts not think that is
serious? If it is, then why should they tolerate any obstacles the
custodial parent puts in front of the path of the other?



Jailed for nonsupport: Not the norm, here in Dallas County and
environs. The reason? What the courts typically do on a contempt is
sentence the obligor to three days in jail but then suspend the
sentence provided the obligor follows conditions which normally
include a payout on past-due support. So unless people are really,
really broke, or just really, really hardheaded, they don't wind up in
jail.

About jail - I think the courts in Dallas County are reluctant to send
anyone to jail because the jail is in danger of being closed to new
prisoners because it's in such poor shape. I think judges would
rather get violent criminals off the streets instead of people who do
not allow visitation or don't pay child support. Also, it costs the
county money to keep a person in jail.

That and the downward spiral a criminal conviction has on a person's
income capacity and ability to keep a job.
But even if the government has more reasons to keep a parent out of jail
than in it, the state is far too free with the stick than it is with the
carrot. Let's go by my state, Colorado. The one listing for any sort
of employment help provided by CSE was thirty miles north, in the
Springs. That is it. No retraining, no rehiring, that was all left to me.

In the law practice, I want parents to allow and participate in
visitation regardless whether child support is up to date, and I want
parents to pay child support regardless whether there are visitation
problems. When I represent the obligee, I want child support paid,
not the other parent in jail, because if the other parent is in jail,
he cannot be out earning money to pay my client.


What, that $.20/hour job down at the prison isn't that lucrative?
And interestingly enough, I want my child support debt paid rather than
wiped out, if only to get the CSE monkeys off my back. But if you have
public policy that encourages ratcheting up child support awards and
debts and if you have a child support agency that's only significant
contact with fathers is putting deadbeat lists up, you are forcing the
inevitable and causing those parents to either give up or go on the
lamb. Atlas will shrug, and I am no Atlas.