Posts belonging to Category Child Support



Perpetual Child Support

I suspect that what we see in this story in which a father is forced to pay child support for two children even though they are both adults because the Canadian order didn’t specify an end date for the order to pay is a failure of the attorneys and the judges in the Canadian case.  Anyone looking at this has to see what a farce it all is.  This is the way people in these degenerate times write laws.  Basically, the idiots and imbeciles are in charge of the snake pit we call civilized and law abiding society.

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When Michael Haraldson got the letter last year that he still needed to pay child support, he couldn’t believe it.

Both of Haraldson’s children are in their 20s. South Dakota’s child support laws only require child support payments up to age 18 in most cases, and 19 in one other instance.

But Haraldson, born and raised in South Dakota, was living in Canada at the time of his divorce. There, child support laws can go on indefinitely, unless he hires a lawyer and fights.

“I was told it was going to be $20,000 to $30,000 to litigate, and I’d have a 50-50 chance,” Haraldson said by phone from Pierre. “I just went, ‘Oh, my God.’”

Haraldson, a 52-year-old computer support specialist who lives in Pierre, has an administrative hearing with the state scheduled for Monday to protest the payments. But given the nature of state and federal laws, he may not have much luck.

Enforcing the law

Haraldson followed his ex-wife up to The Pas, a town in Manitoba, for eight years. It was a move for her career, but things didn’t work out. Life brought Haraldson back to South Dakota for the past 19 years.

His 20-year-old daughter, Fern, still lives there with her mother Trudy, Haraldson’s ex-wife.

Through the time, he says he’s paid $300 a month in child support. His 22-year-old son Joseph, is attending graduate school in Ontario for a master’s degree in math and computer science.

Haraldson says he made every child support payment on time, between 1997 and December 2012. But he didn’t realize that Canada’s child support laws do not end, and that he still owed money. That changed when a letter arrived in early October from the state Department of Social Services stating he owed at least $2,700.

He came up with the money in 10 days, but Haraldson said that by then his credit had been damaged by the enforcement action.

A representative of the Department of Social Services says the department is just following the law. (more…)

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Convict must still pay support for dead child | Local – Home

We have become a very petty and mean society.  This judgement is really something else.

The Indiana Court of Appeals says a Muncie man serving a 60-year sentence for murder must pay child support for his dead daughter.

The court has upheld a Delaware Circuit Court ruling that 47-year-old David Shane must keep paying more than half his prison laundry wages to make up for child support he owed before his 18-year-old daughter Ashlie died in a 2006 house fire in Kentucky.

Shane works about 37 hours a week for 95 cents an hour at the Pendleton Correctional Facility.

The appeals court recently ruled that Shane missed a deadline to appeal a judge’s ruling ordering him to pay the undisclosed amount of back child support.

Shane and another man were convicted in 1997 of murder and feticide in the slaying of the other man’s girlfriend.

via Convict must still pay support for dead child | Local – Home.

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Repeat child support offenders face more jail time | WISHTV.com

More draconian measures will only increase the police state. This amounts to a state imposed religion – the religion of conformity to the current power structure.  “Do as we say, or else…”

INDIANAPOLIS (AP) — Repeat offenders who don’t pay child support will face greater penalties in Indiana.

Gov. Mike Pence signed legislation this week to make repeated criminal nonsupport of a child punishable by two to eight years in prison.

Previous law only allowed such sentences for those owing more than $15,000 in back child support.

Other changes give judges more flexibility in lowering sentences if offenders pay their overdue support and serve probation. A lesser sentence also means judges have the option to clear offenders’ records.

Attorneys who specialize in family law say keeping a felony charge off someone’s record could help offenders find jobs and ultimately provide reliable support for their children.

via Repeat child support offenders face more jail time | WISHTV.com.

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Court ruling hobbles prosecution for unpaid child support | Star Tribune

Larry Nelson owed $83,470 for 11 years of child support for his two children, now adults, when he was convicted of a felony three years ago under a state law that makes the failure to provide “care and support” a crime. Nelson maintained that while he did not pay child support, the state didn’t prove that he had failed to “care” for his children. Prosecutors countered that the phrase “care and support” refers solely to financial obligations.

A majority of the Supreme Court sided with Nelson, reasoning that the law was unclear.

“It is odd to imply … that the word ‘support’ alone refers to a monetary obligation and that the phrase ‘care and support’ means the same thing,” Justice David Stras wrote for the majority.

via Court ruling hobbles prosecution for unpaid child support | Star Tribune.

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Broward Sheriff’s Office conducts child-support roundup

 

Operation Family Matters

The real criminals are the people involved in child support enforcement.  This system is ruining lives.  How does it help children to put their fathers, and sometimes their mothers in jail just because they are not making enough to pay draconian child support orders that are imposed by courts?  The man shown here had just started a new job, which he will most likely now lose.

From the back seat of a patrol car, Sanchez, 29, said taking him into custody was not going to help his 6-year-old son. He was now at risk of losing his new job as a cook, he said.

“Listen, the whole system is messed up. I won’t make the job, which in turn won’t allow me to make the payment for my child,” he said. “And once again, will get me to this endless circle.”

The father had fallen behind by $668 in payments for his son, officials said.

Sanchez said he has paid some of the child support owed, but he does not earn enough to make the monthly payments.

He also said he has been embroiled in a battle over visitation rights. Sanchez’s mother played a video clip on her phone that showed the boy: “Daddy, I miss you,” he said.

“When does it end? When does this cycle end?” Sanchez asked. “It never ends. My life has been ruined.”

Full story: http://www.sun-sentinel.com/news/broward/pembroke-pines/fl-child-support-arrests-20140206,0,2061520.story

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Virginia is proposing increases in child support

Everyone seems to ignore an obvious way to solve all these debates:  simply award custody of a child to the parent who will be able to stay off welfare, and not come to the state for support of any kind.  We could then eliminate completely all child support offices and laws.  Most people, I imagine, would consider this an insane idea, but what could be more insane than to set up the system we have now?

Here is a quote from the guy who heads up child support enforcement in VA:

Virginia’s public policy and law dictate that both parents have a duty to support their children. Although the guidelines must be based on the current research and data, every day in Virginia child support obligations are calculated using outdated economics. The cost of raising children has increased dramatically since the guidelines’ enactment. We owe it to Virginia’s parents and children to ensure that child support obligations are economically accurate and current.

Craig M. Burshem is deputy commissioner and director of the Virginia Division of Child Support Enforcement for the Virginia Department of Social Services. Contact him at Craig.burshem@dss.virginia.gov.

(more…)

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Bill could let men sever child support with DNA test results | Legislature | The News Tribune

A female lawmaker from Port Orchard says men in Washington are being unfairly forced to pay child support for children who aren’t theirs, and the state should let them escape that burden.

A measure introduced by state Sen. Jan Angel, R-Port Orchard, would allow a man to challenge his status as a child’s legal parent in court if genetic tests prove he is not the father.

Current law in Washington generally only gives fathers four years to challenge a child’s parentage, and assumes a man is the father if he was married to the child’s mother close to the child’s birth date.

Angel’s bill would let a man try to sever his legal ties to a child at any time within two years of learning he is not the child’s biological father — whether the child’s age is 5 or 15.

If a man’s request to sever paternity were granted by a judge, he would no longer have to pay child support for the child, even if he previously acknowledged himself to be the parent or was married to the mother at the time of the child’s birth. (more…)

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Clerical Error In Child Support Payments Leads To Six-Month Jail Sentence For Clifford Hall (VIDEO)

Due to a clerical error, Texas father Clifford Hall received a bill charging him nearly $3,000 in overdue child support last year. Hall quickly repaid the amount, even paying an additional $1,000 to balance his debt. But despite his repayment, Hall was sentenced to six months in jail. He and his attorney Tyesha Elam joined host Nancy Redd to share his story on HuffPost Live.

Errors in the automated child support withdrawal amounts from Hall’s paycheck caused a payment shortage, but when Hall discovered this imbalance, he worked to pay it immediately.

Elam explained, “I assumed as soon as he brought me the receipt catching him up as well as the letter advising him of the overpayment, I thought, ‘oh this one will be easy.’ I’m thinking, ‘let me let the opposing counsel know and we’ll be done with this matter.’”

“But the opposing counsel informed me that she wasn’t willing to settle the case. She wanted $3,500 in attorney’s fees and she was confident from this judge that she could get it. So she refused to settle. So we had to move forward.”

The situation escalated due to a law in Texas, which stipulates that overdue child support could lead to jail time, Elam explained. “As of June 14, 2013, in the state of Texas, a person can get behind on their child support, show up to court, paid up, and still go to jail. The maximum sentence is 6 months in jail, and that is exactly what Mr. Hall was sentenced to.”

When he heard the verdict, Hall was shocked. “My mouth just dropped. I’m looking around–I looked at my attorney like, ‘she’s joking, she can’t be serious,’” he explained. “We’re just sitting there like, ‘wow, I’m going to jail for six months. I’m going to jail for six months. I’m going to jail. This is so unfair, this is not right, this isn’t justice. This is not right.’ How is this in my son’s best interest? That doesn’t even make sense.”

Elam was unable to appeal the judge’s decision, so Hall was left with no choice but to turn himself in. His sentence began on Jan. 21, 2014.

via Clerical Error In Child Support Payments Leads To Six-Month Jail Sentence For Clifford Hall (VIDEO).

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Child Support: Increasing obligations likely to backfire – Richmond Times-Dispatch: Guest-columnists

Virginia is on the verge of substantially increasing child-support obligations for the first time since 1988. But the proposed increase, which recently passed a legislative committee as a bill called HB 933, would result in excessive obligations for many parents, more unpaid child support and more jailings for nonpayment at taxpayer expense. Some noncustodial parents already pay more than 50 percent of their income in child support.

Order people to pay more than they can afford, and they may simply give up and not pay at all. Even the drafter of the increased child-support schedule, Dr. Jane Venohr, admitted in 2012 that “Research shows that noncustodial parents whose child support obligations are more than 20 percent of their income are less likely to pay.”

But such high obligations are commonplace even under Virginia’s existing child-support guidelines. In Herring v. Herring (2000), Virginia’s existing child-support guidelines set the obligation of John Herring, a father of two, at $673 per month, more than half his monthly salary of $1,300. He was so poor that he lived in his sister’s basement. When a trial judge reduced his obligation to a more reasonable $484 per month — 37 percent of his income — the Virginia Court of Appeals reversed that reduction, because it was contrary to Virginia’s existing child-support guidelines. Under the increased child-support schedule drafted by Venohr, this poor man’s child-support obligation would go up even further.

Her increased child-support schedule inflates the obligations of many poor and working-class parents: It makes noncustodial parents pay for costs that custodial parents have already effectively been reimbursed for by the federal tax code. That includes payments like the $1,000 per-child refundable tax credit, the earned-income tax credit and the personal exemption of $3,900 in income from tax per child. For many lower-income households, these tax benefits amount to most of the cost of raising a child.

via Child Support: Increasing obligations likely to backfire – Richmond Times-Dispatch: Guest-columnists.

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Sperm donor or deadbeat dad? Donor owes child support, says judge. – CSMonitor.com

Good argument to never get involved with any kind of activity that includes the words “Craigslist” and “sperm”.

TOPEKA, Kan. — A man who provided sperm to a lesbian couple in response to an online ad is the father of a child born to one of the women and must pay child support, a Kansas judge ruled Wednesday.

Topeka resident William Marotta had argued that he had waived his parental rights and didn’t intend to be a father. Shawnee County District Court Judge Mary Mattivi rejected that claim, saying the parties didn’t involve a licensed physician in the artificial insemination process and thus Marotta didn’t qualify as a sperm donor, The Topeka Capital-Journal reported.

“In this case, quite simply, the parties failed to perform to statutory requirement of the Kansas Parentage Act in not enlisting a licensed physician at some point in the artificial insemination process, and the parties’ self-designation of (Marotta) as a sperm donor is insufficient to relieve (Marotta) of parental right and responsibilities to the child,” Mattivi wrote.

via Sperm donor or deadbeat dad? Donor owes child support, says judge. – CSMonitor.com.

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