AN INNOVATIVE APPROACH TO THE ENFORCEMENT OF CHILD SUPPORT Child Support Can Be An Effective Tool to Promote Cohesive Family Relations and Economic Stability 16 February 2017
Presented by: Judge Lisl King Williams
THE STATE OF MARRIAGE AND CHILD SUPPORT • In the United States marriage is on the decline particularly among low income individuals without education • For African Americans 73% of children are born to unmarried couples • 70 percent of custodial parents living in poverty do not receive any child support, for African American custodial parents the number is 75 percent
INCOME STATUS OF NCPS • Jobless and low income fathers are a significant share of parents who have child support orders • 1 in 4 parents with child support orders have no income and 31 percent have incomes below $12,700.00 per year
CHILD SUPPORT ENFORCEMENT MECHANISMS • Regardless of a father’s ability to pay, once an order is in place there are several mechanisms used at the State and Federal levels to enforce payment. – Wage garnishments up to 65% of adjusted income (note these wage garnishments do not fall within the legal safeguards of other wage garnishments in some states) – Interception of Federal tax returns
CHILD SUPPORT ENFORCEMENT MECHANISMS – Placement of liens on assets – Driver’s license suspensions – Passport revocations – Suspension and denial of professional licenses – Incarceration through contempt of court actions – Felony and misdemeanor charges which can lead to incarceration
AFFECTS OF CHILD SUPPORT ON L0W INCOME FAMILIES AND ASSETS • Often renders low-income fathers to financial insecurity • Limits low-income fathers ability to acquire assets (savings, IRA, house, car) • Currently there is $113 Billion in child support debt in the United States • NCPs with incomes of less than 10,000 owe the most arrears.
• According to OCSE data NCPs earning less than $10,000 per year owe the most in child support arrear
CONNECTION BETWEEN ASSETS AND OUTCOMES FOR CHILDREN • Lack of income and assets result in disparate outcomes for children in education • Research shows that children preform better on standardized testing when parents have modest income and assets • Racial disparities in test scores are eliminated where incomes above 185% of the federal poverty level and there are assets
WHAT WE ARE DOING IN MISSOURI • The Fathers’ Support Center, St. Louis (FSC) in cooperation with the Missouri Department of Social Services, Family Support Division (FSD) has developed a plan to assist fathers in meeting their children’s financial and emotional needs by helping them become self sufficient
LONG TERM GOALS • Develop healthy relationships and parenting skills • Maintain employment and increase economic stability for the parent paying support • Prepare fathers to b e emotionally and financially involved with their children to improve child well-being
FSD’S ROLE • Assign one case manager to handle all of the NCPs child support orders • Automatically screen clients for modifications in their child support orders • Reduce collection rate for current support and arrears (excluding civil contempt and criminal non-support cases) • Make accommodations in the enforcement of child support
ACCOMODATIONS IN ENFORCEMENT • Adjust wage withholdings for arrears • Eliminate liens on bank accounts • Avoid drivers’ and professional license suspensions • Issue stays on existing driver’s license suspensions • Enter into a Temporary Payment Plan with the client.
CLIENT RESPONSIBILITIES • Execute required releases to allow FSC and FSD to communicate • Execute a Temporary Payment Plan (TPP) • Participate in the establishment of paternity and establishment of child support orders (including genetic testing and service requirements) • Meet the requirements of the FSC Fatherhood Program
TEMPORARY PAYMENT PLAN • Client makes monthly payments to FSD at a reduced rate • For unemployed clients voluntary payments are required until the client becomes employed • Once client is employed a wage withholding will issue for current support • Client must be in compliance with the FSC fatherhood program
TEMPORARY PAYMENT PLAN • FSD may, at FSC’s request, review any enforcement action imposed upon the client for undue hardship
KEY RELATIONSHIP FACTORS • Communication between FSC and FSD • Appropriate staffing of FSC and FSD case managers • Timely completion of required documents
THANK YOU!!! Fathers’ Support Center, St. Louis 4411 N. Newstead St. Louis, MO 63115