How to Avoid Divorce Mistakes
Synopsis & Analysis
The following is MAFIA's Synopsis and Analysis of articles entitled:
Deadbeats vs Turnips
This study was published in the Journal of Policy Analysis and Management. If finds that there are different types of fathers - some who are too poor to pay child support; some who are able to pay but do not; and those who can afford to pay and do so.
The study found that "heightened efforts to collect from nonpaying dads, if inappropriately targeted, may only push more noncustoidal parents into poverty and discourage them from formally supporting their children."
The recommendations of the study state that "[A] new approach to child support enforcement is needed. Increased collections should continue to be aggressively pursued from fathers who can afford to pay without impoverishing themselves or their family. In addition, fathers need flexible support orders that both reflect their current economic circumstances and provide employment and training assistance to enable them to meet their child support obligations in the future."
What does this mean? The needs of the non-custodial parent are going to be a higher priority than the needs of the custodial parent and the children. If these recommendations are implemented it will change the face of the entire child support enforcement program - and send a clear message to non-custodial parents that they do not need to make any sacrifices for their children.
Will this study be adopted? From all indications, and judging from the direction that the public agency is heading - they have already adopted many of the findings and will be implementing them. It all fits in with the public agency's goal of being more "father friendly."
New Criminal Penalties
Congress passed a new federal law that allows for criminal prosecution of deadbeat parents who cross state lines earlier this summer. Despite a lot of hype and promotions of this new law - it is doubtful that the law will be widely utilized. Before this new version was passed - there was another federal law that also allowed for criminal prosecution of deadbeat parents. With that law:
- Prior to 1995, the old federal law was used in only about 3 dozen cases
- Since 1995, the old federal law was used in 423 cases which resulted in 183 convictions.
To obtain a criminal proceeding under the new federal law, the following procedure must be followed pursuant to the Department of Justice guidelines:
- All available state civil and criminal remedies must be exhausted by a state IV-D agency before a case is turned over to a U.S. Attorney.
- The U.S. Attorney refers the case to the Office of Inspector General of the federal Department of Health and Human Services for investigation before it is opened for possible indictment and arrest.
- Cases considered most suitable for prosecution: (A) Those in which there is a pattern of moving from state to state or of deception; (B) The failure to make support payments after a finding of contempt or failure to make payments in connection with another federal offense, such as bankruptcy fraud; (C) The non-paying parent will have had demonstrable means of being able to pay the support - such as living in a fancy house or driving fancy cars, etc.
The law's primary "value", if you wish to call it that - will continue to lie in its use in "high profile" cases and from publicity generated by prosecutions in these cases.
What does this mean? The new law will be selectively applied - and used. The people who really would benefit from this law will not have access to it. We like to refer to this type of law as a "feel good" publicity stunt by the government to let people think that the government is serious about enforcing child support orders.
In other words - don't hold your breath. The government really isn't concerned with the plight of custodial parents who are owed child support.
