How to Avoid Divorce Mistakes
Public Agency's Role In Child Support
- Current Public Agency Practices and Policies
- Emphasis is placed on collecting current child support first. Arrearage collections are of secondary importance.
- The public agency does not represent you - it represents the interests of the state. The "interests of the state" dictate that child support be paid and that the non-custodial parent (obligor) is not placed at an undue economic position through the payment of child support and arrearage. This is why when there is an arrearage, only a small monthly payment toward that arrearage is required of the obligor. The "average" arrearage repayment is only 25% of the current child support that has been ordered.
- Provide modification of child support orders if requested by the non-custodial parent. Essentially, this means that the public agency is representing the non-custodial parent against the custodial parent. The public agency makes little or no effort to verify information that is provided by non-custodial parents in modification proceedings. This means that the custodial parent would need to retain an attorney to represent her interests and to insure that all of the facts were presented.
- The public agency is also required to review all support orders once every three (3) years. This review will require the custodial parent to provide a financial statement which is used to determine if extra support money is actually "needed". Once again, the public agency makes little or no effort to verify information that is provided by non-custodial parents.
- Once the youngest child has been emancipated, little, if any effort is made to collect the arrearage that is owed.
- Public agencies rarely execute upon assets owned by a non-custodial parent, even when it has obtained a judgment for child support arrearage. It is often difficult for a custodial parent to have a judgment executed upon because the judgment is usually issued in the name of the public agency and not the name of the custodial parent.
Stated Policy of the Federal Office Of Child Support Enforcement
PUTTING CHILDREN FIRST
Campaign 2000
What’s it all about?
The “Put Children First” campaign involves all levels of government joining forces with nonprofit organizations and community and private sector groups to encourage a collaborative approach to improve the lives of children and families.
The goal for the year 2000 is to do more than just increase child support collections and establish legal paternities. Child support is more than money. Child support is also love, emotional support and responsibility. Please join us in our efforts to establish financial and emotional support for all children.
MAFIA's Explanation
Our explanation is based upon other materials and information that we have obtained. Some of our explanation is found in the article entitled Deadbeats vs. Turnips.
- Develop and provide programs that will encourage the father to become involved in the lives of the children through regular visitation.
- Provide counseling services for families where allegations of the denial of visitation are raised.
- Review child support orders to see if they are placing a hardship on the non-custodial parent thus making it difficult for him or her to "afford" to exercise visitation rights.
- Review child support orders to ensure that they take into consideration the financial condition of the non-custodial parent and their "new" family.
- For "low income" fathers, provide reductions in child support obligations and "job training" services.
