Thanks for Your Service, Now Go Directly to Jail
Matt Welch | March 10, 2005, 1:49pm
When people learn about the Kafkaesque nightmare that confronts people (including, on occasion, women) who are falsely accused of fathering children they've never met, the usual response is "That can't be true!" Many of the illiberal provisions also do damage to the correctly named fathers as well, though who the hell wants to lift a finger for Deadbeat Dads? Well, maybe when people see how it's affecting American soldiers, they'll give the issue at least a second thought.
Reservists' child-support orders were based on their civilian wages, and when they are called up to active duty, that burden doesn't decrease. Few can get court modification before they leave, modifications are seldom granted anyway, and even if a father applied for modification before deployment the debt continues to grow until the case is decided much later.
These servicemen fathers cannot get relief when they return because federal law forbids a court to reduce the debt retroactively. Once the arrearage reaches $5,000, the father becomes a felon subject to imprisonment plus the loss of his driver's and professional licenses and passport.
More horror stories here. (Link via Radley Balko.)
NV Dad | March 10, 2005, 5:26pm | #
Asparagas and Mark miss the point but skim low over the conventional wisdom of child support. That's fine but that's also woefully incomplete.
Fact is that government "reformed" welfare and turned around and placed the cash burden on the States via District Attorney's nice tidy little for-profit child support industries.
Yep; $0.60 of every dollar collected by whatever draconian means local govts can think of in the name of "support" is kicked back. Get this: Your own state's AG will flatly tell you it's a industry contracted to DA's by the governor and that it operates without legal check or balance.
Kinda like cops making up their own laws; are we comfortable with that?
Fact is also that child support distribution is NOT tied to supporting children in any way, shape, or form, so assumptions that need is somehow realiably tied to the Washington support industry are just that.
Fact is that child support calculations are about as logical as, well, anything government does with a dollar bill? Should support be free from government corruption and incompetence just because it's "support"? I think not.
Fact is that child custody is awarded to men 1/7 as often as women...and child support statistics natirally mirror this fact. My point? That radical gender feminist lobby discrimination is, as Matt points out, at the root of this too, and such is illegal.
Meanwhile we all hate "deadbeat dads"...even when about half are in actuality deadBOLTED dads, literally thrown out of their own children's lives without any recourse whatsoever. Kinda makes Washington's various pro-fatherhood campaigns ring all hollow, no?
Fact is that fathers are jailed for "support" (legitimate of alleged), lose licenses (making it impossible to work for The Man in the parent's rights gulag that is America) and so forth. Wasn't debtor's prison outlawed about 200 years ago?
Fact is no-fault has raised divorce by 25%. Fact is bad parents game the system with en epidemic of false protection orders...that result in immediate confiscation of the losing parent's entire estate and up to 200% of his or her wage in "support."
And on and on.
Bottom line is that this is an industry that bilks billions, ruins lives (we lose 15,000 disenfranchised dads a year to suicide) and absolutely flies in the face of the Constitution.
You can assume child support consistently and reliably supports children but nothing of the sort is going on out here...
NV Dad | March 10, 2005, 6:35pm | #
Jennifer, note your use of "father" as the default. It's subtle and I know you don't mean sexism by it, but also realize that such may not be the case in state's legislatures and in Congress in DC. There the language is blatantly opposed to fathers and mothers being EVER treated as equal. The very bills are now worded with father-pays/mother-receives language, and this is pursuant with the child support system flowing from Washington. So much for gender equality in these our enlightened times.
Go back and read my point about this being a full-on industry mandated by Washington. That's unconstitutional, defies state's rights, ruins federalism, and flat doesn't work. Under this plan we are subjects, plain and simple. Welfare, domestic violence legislation and child support collections are now all part of the same system. Would we be wise to expect fairness from that federal debacle?
Stir in no penalty for perjury, no penalty for false allegations of DV, mandatory arrest on DV calls regardless of their legitimacy, no presumption of innocence, enormous gender bias, no respect for personal rights, and you have a system paved with gold for those who would abuse it. And abuse it they do.
Xavier, you are entirely right: Ability to pay is at least the ostensible foundation of support, and so it should be given the epidemic abuse of the means to gain support in the first place, a procedure with absolutely no logic or justice in enormous numbers of cases. In other words, getting shared parenting is the challenge far more than managing incorrect or corrupt support amount rulings post custody settlement is.
Ironically, support calculations are fairly on the mark; it's the preceding custody dictates that are not. And then comes debtor's prison, utter ruin of personal rights for single parents, kids-for-money (read: Detroit) and the entire mess family court loves so dearly.
Look, this is really a federalized made-legal kid relocation scheme that just following the money trail will reveal in all it's splendor.
NV Dad | March 10, 2005, 7:47pm | #
Thanks Terry. Roughly half of my ire comes from my personal experience and the other 90% comes from my libertarian leanings.
I can't discuss my situation except to say that incompetence and corruption don't begin to describe what's going on. If you can imagine it, it's probably already happened to single parents and their kids.
Think intentional ruin by lawyers. Conspiracies to destroy parenting by corrupt parents and social aid. Epidemic false TPO applications. Feminist domestic violence hysteria based on bad numbers. Incompetent psychological industry hangers-on. Inescapable expense. Violations of custody that span entire childhoods. Parental suicide across the nation. Zero regard for legal procedure in family court. Zero regard for personal rights (this despite scores of Supreme Court rulings clearly defining parenting as a fundamental right.) Willful disregard for the Constitution. Debtor's prison. Federal kickbacks. No local check and balance. Bad lobbies. Kids being doped. Kids being kidnapped.
I've experience fully half of these occurances in the last decade.
It simply knows few bounds, Terry. There is a disconnect between the Washington welfare and support programs, Supreme Court precedent and Constitutional rights, and local officials that boggles the mind.
Why hasn't the issue gotten national attention -- millions feel it to easily be the civil rights movement of our era -- Matt aluded to already, but it's still a mystery why civil rights Democrats and constitutional rights Republicans haven't stormed Washington. Thank God for Schlafly.
Oh wait; this is Reason and we all know why those two parties don't work...
Anyway, to get a grasp of this mess, visit the site I include in my link at NV Dad. Then multiply that site by 100 or 200 and you'll know the size of just the US movement, a movement based on a needed reaction to a real problem. Add every Westernized nation on earth and now you approach the global harm to families perpetrated by institutionalized bias, greed, and sloth.
Thanks to Reason for hosting this item. Please, Matt, make this a feature topic as often as possible. Of all the domestic trainwrecks Washington manages, this has to be the most severe and the most sensitive.
NV Dad | March 10, 2005, 9:55pm | #
Presumably female, Serafina suggested:
"Men who don't want to be fathers can get a vasectomy. Those are the breaks of biology."
And women tiring of marriage (70% of divorce is unilateral and primary custody is awarded to mothers 7 times more than fathers; you add it up) can marry 90 year old impotent millionaires if they really want to get paid but, nobly, not for having kids.
Those are the breaks of (schizophrenic feminist) biology.
Obviously female, Jennifer then obliquely said:
"Oh, and to get back on topic--NV Dad should seriously consider quitting whatever job he has now, working at some under-the-table place, and saving up enough money to go to one of those cheap-cost-of-living countries that doesn't have an extradition treaty with the US. Better to be an expat than a wage slave."
Either that's a presumptive personal slight or a cop-out.
I realize this is only about widespread organized fraud against personal rights in all 50 states, but please reduce it to support dollars at your risk, not mine.
Oh, and it's about the best teenage daughter in my state. Assuming anybody cares about her and her pop, that is.
Hope those principles keep your interest.
Come on ladies, you're counted on for a lot. Don't crap out now.
Charlotte | March 11, 2005, 10:15am | #
My husband became a deadbeat dad in California. He was living with the mother of his children, but she was filing for welfare. Then he ended up in jail for a while. When he got out, it was difficult to find a job. He got waaay behind on his support.
Fast forward 8 years, he has lost his license and can't find a job. His ex moves to Pennsylvania. He moves to Iowa and finds a job.
Child support in California takes half of his income, then transfers the support order to Iowa. Iowa now says that he owes more money than California, because they didn't collect any money from him. Iowa told him not to do anything until they contacted him, because California is still collecting half of his income. Iowa and California together are now collecting half of his income.
At this point, we are still waiting for California to balance his account out so that Iowa can correct the amount that he owes. In the mean time, California is still collecting from his wages, plus adding 10% interest on the back amount, even though they are not collecting child support anymore.
Pennsylvania says that he is in arrears because California hasn't sent the monies to them, since he's still behind in Califoria.
In the mean time, he is now living in Iowa, the kids are in Pennsylvania and he has no visitation rights. Even if he did, we may not be able to visit or pick up the kids, since half of his income is going out on child support.
None of the states involved will help with the visitation, so he hasn't seen his kids in 3 years. Not because he doesn't want to, but because we cannot afford to fly them or drive them, both ways from Pennsylvania to Iowa. The custodial parent is not obligated to help him visit the boys in any form. So, even if we got airline tickets for the kids, we cannot be assured that the mother will take the kids to the airport.
The ironic thing in this whole mess is this: Iowa continued paying Pennsylvania child support and ended up over paying. My husband recieved a check in the mail from the state of Pennsylvania for $19, because he was overpaid!