The Kansas
House just passed a highly publicized bill that would allow the Kansas
Department of Social and Rehabilitation Services to have the driver's licenses
of so-called "deadbeat" parents seized if they have child-support arrearages of
$500 or more. House Bill 2706 is scheduled for a Senate hearing today.
While such
measures always make for good sound bites and electoral politics, they make poor
public policy. That's because the vast majority of those behind on child support
are low-income parents who have been saddled with artificially inflated paper
arrearages that they couldn't possibly pay.
Federal
Office of Child Support Enforcement data shows that two-thirds of those behind
on child support nationwide earned less than $10,000 in the previous year; less
than four percent of the national child support debt is owed by those earning
$40,000 or more a year. According to the largest federally-funded study of
divorced dads ever conducted, unemployment is the largest cause of failure to
pay child support.
The inflated arrearages are created in large part because the child support
system is mulishly impervious to the economic realities working people face,
such as layoffs, wage cuts, unemployment, and work-related injuries. According
to the Urban Institute, less than one in 20 non-custodial parents who suffers a
substantial drop in income is able to get courts to reduce his or her child
support payments. In such cases, the amounts owed mount quickly, as do interest
and penalties. Only three states charge a higher interest rate on past due
support than Kansas' 12 percent.
The situation is further complicated by the fact that child support enforcement
agencies are notorious for their errors and bureaucratic bungling. Audits and
evaluations have shown that such errors often comprise a significant portion of
arrearages.
The "Most Wanted Deadbeat Parents" lists put out by many states illustrate this
problem. Far from being lists of well-heeled businessmen, lawyers, and
accountants, the vast majority of the men on these lists do low wage and often
seasonal work, and owe large sums of money which they could never hope to pay
off. Even a person with a college degree is a rare find on these lists.
Perhaps this is why while DSRS recently announced that their top five deadbeats
owe an average of $225,000 in back child support, they have refused to disclose
these individuals' occupations. The pot of child support gold which DSRS
Secretary Gary Daniels professes he'll find if he gets "the [enforcement] tools
that some other states have" simply does not exist.
Family courts' tragic indifference towards protecting noncustodial parents'
relationships with their children is also part of the problem. According to the
Children's Rights Council, a Washington, DC-based children's advocacy group,
more than five million American children each year have their access to their
noncustodial parents interfered with or blocked by custodial parents. Because
so many noncustodial parents must wage expensive court battles in order to see
their children, money which could be going to their kids instead goes to
lawyers.
HB 2706's $500 arrearage limit is particularly misguided and destructive. A
Kansas father of three who earns a pre-tax income of $3,850 a month pays about
$1,050 a month in child support. If he is out of work for even a brief period,
HB 2706's punitive measures could impede his ability to earn a living, sending
him into a downward spiral of arrearages and debt.
Dads aren't the only ones affected, since noncustodial mothers in the child
support system are significantly more likely to be in arrears than fathers. Like
many "deadbeat dads," most of these mothers never walked out on their children,
but instead were made into delinquents by the rigidity and unrealistic
expectations of the system.
Daniels says a crackdown is needed because only 54 percent of Kansas children
who are owed support receive their full shares. However, DSRS is already able to
get drivers' licenses suspended through contempt of court proceedings. The real
problem is that the vast majority of the child support debt is simply
uncollectible. Instead of enacting new draconian measures, the legislature
should instead mandate that DSRS focus its enforcement efforts on true scofflaws
with real arrearages instead of hard luck parents with
counterfeit ones.
This article first
appeared in the Wichita Eagle (3/8/06).
Jeffery M. Leving
is one of America's most prominent family law attorneys.
He is the author of the book Fathers' Rights:
Hard-hitting and Fair Advice for Every Father Involved
in a Custody Dispute. His website is
www.dadsrights.com.
Glenn Sacks' columns on men's and fathers' issues have appeared in dozens of
America's largest newspapers. Glenn can be reached via his website at
www.GlennSacks.com