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Monday, July 14, 2008

Shocker: Taking Away Drivers Licenses Not A Great Way To Collect Child Support

The Bismarck Tribune has an editorial today about child support collections I can get behind.  After several paragraphs of niceties about how important it is to pay your child support (wouldn’t want to run afoul of the health and human services gestapo) the Tribune gets to the meet of the issue:

...one child support enforcement program that seems to cross a line is license suspension.

It was recently reported that more than 1,000 North Dakotans have had their driver’s licenses suspended after failing to make child support payments. Another 688 people are reportedly subject to losing their licenses if they don’t comply with payment plans.

The suspension laws not only take away the privilege of driving, but also can revoke hunting, professional and occupational licenses, as well as business permits and vehicle registrations for cars, trucks, boats and airplanes (usually for those in serious arrears).

That seems foolish for a couple of reasons. First, there are plentiful methods of collection without unleashing the license police. Second, a non-custodial parent might need a driver’s license, or car registration, or professional or occupational license, or business permit to make money so they can pay child support.

Taking away such licenses seems more like punishment than a deterrent or collection method. What message does this send?

The message sent is along the lines of “you’re little more than a paycheck to cash to us.” Which isn’t exactly a great way to engender a desire for cooperation and support from the person getting nailed.  Not to mention the obvious: If you take away a person’s drivers license, and possibly even his/her occupational license, you seriously inhibit their ability to work.  Especially in a state like North Dakota with next to nothing in the way of public transportation.

If a person is already struggling to make child support payments does anyone really think that making it harder for them to go to work and earn money is going to improve the situation?  And what about putting those in child support arrears in jail?  The Tribune article doesn’t mention it, but it happens.  I’ve known people it happened to.  Now I’ll grant that the people I’ve known who were put in jail because of this weren’t making great financial choices, but putting them in jail - something that caused these people to lose their jobs - didn’t do anything to solve that problem.

Now I’ll grant that people have got to pay their child support to support their children.  There’s no getting around that.  But while we recognize that, we also need to recognize why the state engages in such draconian tactics to collect that money.

It’s not because the bureaucrats care about collecting the child support.  It’s because the the federal funding state human services bureaucrats receive is based on the amount of child support they collect.  The federal government takes the total amount of child support funds collected and distributed in a given state and then sends the health and human services bureaucrats a check worth 66% of that total.

That is why divorcing parents aren’t allowed to figure out their own child support arrangements.  That is why the human services bureaucrats go to such draconian measures to collect child support. 

It’s not about what’s best for the children or the families, its about what’s best for the health and human services agency’s bottom line.

Comments

Avatar for Lestat

This remedy should not be used except for people not struggling to pay child support, just refusing.  They should also sit in jail.

Lestat on July 14, 2008 at 07:57 am

I thought debtors prisons were illegal.

Fascists!


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on July 14, 2008 at 09:44 am
Avatar for Lestat

Debtors prisons are illegal.  You cannot put somebody in jail for inability to pay a debt.  But if you have a court order to pay a debt, the ability to pay a debt and you still refuse to pay, that is contempt of court.

Lestat on July 14, 2008 at 09:53 am

Courts have been known to order amounts more than a person can pay.

Fascists.

By the way laws like we’re talking about making it impossible to work pretty much a$ount to the same thing.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on July 14, 2008 at 10:10 am
Avatar for Ken

Debtors prisons are illegal.  You cannot put somebody in jail for inability to pay a debt.  But if you have a court order to pay a debt, the ability to pay a debt and you still refuse to pay, that is contempt of court.

Yes, but neither this article, nor Rob, makes mention of whether the individuals could pay or not. Also, to add to Rob’s point, even if the father could pay but refused, what good would putting him in jail do? It only ensures that he’ll be less likely to make those child support payments in the future due to lost wages/jobs. There are other, better ways the court could force a father who refuses to pay support, such as seizing some of his assets. I think imprisonment in these cases is tantamount to debtor’s prison.

Ken on July 14, 2008 at 11:42 am
Avatar for Lestat

even if the father could pay but refused, what good would putting him in jail do?

If he could pay, he pays and is released.  Why do you guys support dead beat dads?  What is honorable about not supporting your children?  How is it personal responsibility?

Lestat on July 14, 2008 at 12:24 pm

How are you supposed to pay while you’re in jail.

On the other hand if you can pay your wages are garnished or your assets seized.

So who are we talking about that get thrown in debtors prison?

Fascists always blame deadbeats or something when they oppress people.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on July 14, 2008 at 12:36 pm
Avatar for Ken

Why do you guys support dead beat dads?  What is honorable about not supporting your children?  How is it personal responsibility?

Its not about supporting/defending dead beat dads. It’s the fact that imprisonment does not seem like the most effective, or just, method. While he’s sitting in prison, he’s losing wages/employment and receiving a criminal record. That diminishes his earning potential, thereby decreasing support payments. Furthermore, the taxpayers foot the bill for his imprisonment when that money could have been instead used for something that would have actually benefitted the child, such as education or government aide. At the end of the day, it’s what’s best for the child, and imprisoning the father probably isn’t going to make the child’s situation any better.

Ken on July 14, 2008 at 09:01 pm
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