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Gov Signs Bills That Irk Non-Custodial Parents

None by KCPW

(KCPW News) Governor Huntsman today signed two measures opposed by a small but vocal group of non-custodial fathers like Tony Curtis:

"Making it impossible for the father even to survive - at what point does that benefit the children?" asks Curtis. "You've got a person here who's going and trying to support himself as well as children in another home."

Curtis asked Governor Huntsman to veto House Bill 15 which would allow the state to suspend the driver license of a non-custodial parent who is two-months behind on child support payments. Non-custodial parents also oppose Senate Bill 23, which adjusts child support payments for inflation. Curtis says both will cause substantial hardship to parents already struggling to fulfill their child support duties. Governor's spokesman Mike Mower says Huntsman held off signing or vetoing the measures until now in order to hear those concerns.

Huntsman has until close of business tomorrow to sign or veto the remaining bills on his desk, the majority of which are not controversial.


Email to a friendPosted in KCPW Newsroom. Copyright 2008 KCPW

1. Tony Curtis said:

Not a surprise, considering how little most people know about the financial impossibilities faced by non-custodial parents. Sit back and watch the arrearages rise. Watch more children go from receiving their current level of child support, to no child support, because dad just gave up. He gave up because he was pushed over the edge financially. And when dad gives up, he becomes a criminal. An irresponsible lout who doesn't care about his children. Ignore the fact that he can't afford to shelter and feed himself because taxes and child support are reducing his income to below poverty level. Ignore the fact that he doesn't have a mother to move in with so he has to live in his car. Ignore the fact that when he lost his job the ORS immediately took half of his unemployment check, put him in arrears, and started looking at taking his driver's license because he is such a "problem". No, these wouldn't be reasons why he ran away from an impossible system. IT MUST BE A CHARACTER FAULT!

Oh, and by the way, when the poverty figures go up for single mothers, as more beat dead fathers run away to try and find a way to survive, we had better increase child support more to decrease that poverty level.

Rinse, repeat.

2. Jon Fidler said:

Well said Tony! And these bills won't even effect you. Well on the bright side, ORS can't take much more out of my checks, as there isn't much difference between 40% garnishment for current child support and 50%. How are they going to collect for all the arrearages mothers will be awarded? It would take 20-40 years for some of these men before they can catch up after being oppressed into poverty levels just because they love their children and refuse the ever growing urge to run.

Oh, about that inflation adjustment reason... another lie used to pass the bill. Child support is and has been based on a percentage of income just as taxes are. We don't see a need to increase taxes for inflation... Why, because it works the same way child support does, as income increases, so do taxes and child support.

NOW is the time for all good fathers and their relatives to make their voices heard. Click on Tony's name for more information about what is going on, click on mine to add yourself to our email list.

3. Christine Siedlak said:

My son's father (non-custodial) decided to play the system by transferring all property to his mother's name in order to avoid paying. What about the child's rights? He owes my sons over $130,000 and growing. I found a property in Michigan which I'm trying to get a lien placed on property but surprisingly the lien can't be registered due to bureaucratic system wherein the county is overstepping state law. My sons and I live in Canada. What rights do my sons have to obtain their money for higher education? Is there anyone who can help them?... Something stinks in Gaylord Michigan!!!!!!

4. Lary Holland said:

The measure is an attempt to continue the state created "absent parent" model which allows the state to collect additional federal money through Title IV-D of the social security act. This is the program that rewards the state for forcing middle and upper class families into the program so the state collects more funding. The programs unfortunately don't focus on any needy families but actually generating revenue for the state. It's quite sad that these bureaucracies put a price on the kids like this and use welfare programs at taxpayer expense for balancing the budget instead of helping actual needy families.

5. Jrifle said:

Lary is right on. With the Federal Deficit Reduction Act, states are losing more bonus funds. To stop the loss the state has to increase the amount it collects in child support. 2 ways (among others) is to threaten and coerce payments.. or lose your driver license, and increase the amount non-custodial parents are currently paying. Utah chose both. Legislators know it is to keep the bureacratic Division of Health and Human Services running by getting those bonus funds through ORS/child support monies. IN other words non-custodial parents are subsidizing the welfare programs.

6. Wayne Searle said:

Lets not forget that when DCFS takes a child, they also take his social security, medicaid and has the court impute a nonexistent wage to the mother so that ORS can list even the mommy as dead beat.

7. David said:

Child Support in America.

David M Myles 347-497-4266

It started with a brief unpleasant exchange between myself and my ex wife. I was asking to see my son and told her that I have been taking care of my responsibilities in regards to child support so perhaps she could actually cut me some slack. I was hoping that she would lighten up a bit and, while we still hate each other, be a little more pleasant in regards to visitation. She tells me that my child support payments are "sketchy" at best and hung up on me. It took a little while to move past the general feeling of disgust and anger to actually hear what she said. "Sketchy"? What the expletive deleted is that about? In compliance with federal law, my child support payments come directly out of my checks. I get paid twice a month, and out of my less than fifteen hundred dollars per check, four hundred and eighty-seven dollars and fifty cents is garnished from each check. I love that word "garnished." As far as I am concerned what they take is the meat, the parsley garnish is what I get. But he is my son and I do not regret nor deny his right to be supported by the people who love him, and I do love my son. So where does "sketchy" come in?

My ex wife lives in New Jersey, I live in New York. The company I work for is in California. The child support order is in New Jersey. Since I live in Brooklyn, the enforcement, and garnishment order originates in New York. When I began working for this company last August, I called my case worker (actually a probation officer) in New Jersey and told her where I worked and gave her the name of the human resources person in my company who takes care of payroll. My first check dated August 31st had no deduction, as I was in California training for my position, I thought that that was kind of them and went to a concert in San Francisco with and old friend, and bought his five year old daughter a princess doll. She is quite the little princess. The deductions began on my September 15th check. As my ex and I have as little to do with each other as possible I thought that that was that. You know, one less thing.

My son is actually my ex wife's son from a former marriage and has been calling me dad since he was four. As his biological father has never had much to do with him, I actually went to court to assert my rights as his father and to gain the right to continue to see him and ended up with full joint custody. The original custody case was in Pennsylvania where we were living at the time I was unceremoniously thrown out of my house in favor of a sixty-five year old rich dude who my ex seem to think was the answer to our financial difficulties . After she lost the custody battle and the boyfriend, she moved to New Jersey. After a brief reconciliation, where we moved back in together, she again threw me out, this time for a forty-five year old man who lives with his mother (I call him disposable income man), and started the custody battle again, this time in New Jersey. As I am now financially challenged I have little, read that as no, money to fight again. Pennsylvania denied her child support from me as she already had an order of support on Oliver's biological in Texas (where Oliver was born). Fearing the same from New Jersey she simply didn't mention the existing order to them. Jersey is ok with that, I wasn't there to object. His biological father has rarely, if ever, sent a check. New Jersey granted her request for child support from me. My ex has since maneuvered, the Jersey courts and me into a tacit stalemate of custody, but since my son wishes to see me, on occasion, I still get to hang with him on the odd weekend and speak with him a couple of times a week. Everyone thinks I am nuts to put up with this, but then I can't understand the mindset that would allow me to abandon my son.

So the question remains, where are my payments going? New Jersey has a web site, so I started at https://www6.state.nj.us/DHS_ACSES/MainController. I entered my case number, date of birth and last four of my social security number and lo and behold there was a complete history of my payments. The ones that New Jersey acknowledged anyway, for the past 6 and a halve months I have had 6337.50 deducted from my salary towards child support. According to New Jersey Records my ex-wife and son have received 2925 of that. So I called my probation officer in New Jersey, apparently taking responsibility for a child is a crime in New Jersey punishable by probation until the child is eighteen or twenty one. After six voicemails and a call to her supervisor, she called me right back and confirmed that she can't do anything for me, other than to tell me if I don't start making on time payments I'll go to jail, lose my license, and assorted other horrors that our system of justice can come up with. She did give me the number of the payment center who can confirm if New York was actually sending the payments. I called the number and Tanisha told me that I needed to call my probation officer who can tell me what I have paid. I told her that my probation officer told me to call her. She transferred me to her supervisor who told me they only get and process paper checks and have no way of knowing if electronic payments have come through or where they came from. She gave me the number of a gentleman named Dave who did the electronic transfer, both in and out, for the state who told me he thinks it would be better if I tracked the payments from their source not the destination and that all payments that have come in from New York have been credited to the account.

I sent the following email off to the Human Resources office of the firm I work for;

Suzanne,

I hope this finds you and yours well. I am having a bit of trouble with the state of New Jersey and my child support obligations. According to my records, in the past 6 and a halve months I have had $6337.50 deducted from my salary towards the child support. The problem is not that this is leaving me destitute (it is). The problem is that according to New Jersey Records my ex wife and son have only received $2925 of that.

When I called New York they said they have sent all payments received to New Jersey, when I called New Jersey they said that they have credited all payments from New York to my son's account. I then called the comptrollers office who said I would be better off trying to track the payments forward than trying to back track. With that suggestion in mind, I was wondering if I could get confirmation, dates, amounts transfer number etc. of all payment made through payroll to New York State through the garnishment?

I would greatly appreciate your help in this matter. I don’t want to go to jail.

David

I still await a reply, so I then tried to call Albany New York, where they payments are processed at 888 208 2285.

This is what I heard "We're sorry all circuits are busy now." As soon as the office hours began, all day, every day "We're sorry all circuits are busy now." That is, until five o'clock then you can get a recorded message telling you to call back during business hours. Okay, that was that for Albany. I tried the local office in Manhattan. The woman I got on the phone told that she can only give the information to the custodial parent, as I am the non-custodial parent I have no right to know where my money goes.

24 hours later nineteen hundred and fifty dollars, the equivalent of 4 payments, mysteriously appeared on the web site as being credited to the account. I made the rounds of calls again but no one can tell me where the payment originated from. The fact that there is still 3, now that enough time has passed, 4, payments missing seems small to them since that much money has just been given to my ex. Call me old fashion but I would like to see all the money earmarked form my son actually make it to him. I know that I am just wishing. I know for a fact that my ex claims the money as her own for time served, but every once in a while he gets a new lacrosse stick, or the amp he wanted for his bass. So I settle for that. Well that and a meal of parsley, hold the meat.

Oh, and I heard back from Human resources, I have been fired. They will look into the support payments though.

8. walter said:

wow david, that sounds like NJ let me tell you.

here is a little about my story. me and the x seperated on and off from the start but some how we managed to have 2 beautiful girls ages 12 and 10. well after the final seperation my x moved back to NJ where she claimed she was from (please note we met in florida and got married there as well and had 1 of our 2 daughter there) well when she left she left the girls with me. so i went and got custody...it wasn't easy she decided to take the girls to NJ and try to take them from me we went to court after court to fight this out and then finally the custody was awarded to me so after about 3 years the x an i started to "get along" and her visits became more and more often. not a problem...i moved on got married had more kids and things were ok. little did i know that my family was calling my x lying to her about me and my new wife just to make things hard between me and my new wife. so my x took me back to court and got custody. one more thing, i didn't make her pay support when i had the custody...anyway to make this short...she got the custody and went for blood along with it. she went after support, medical...and any other thing she could get! well she did manage to get the support, not the medical or any other thing she thought she could get, not a problem, she agreed that I would pay the support each year with my income tax money, nice of her huh? well 2 years went by that this was OK, then all of a sudden last year it was no longer OK, and she had a warrent for my arrest due to back child support issued, but this time, I was living in SC she was in NJ. so before the court date i got all the papers together to get the support taken out of my pay check...all is good right? NO! I go to court and the judge is asking all these questions, and of course i can't answer them since we never has to deal with any of this before now. and the child support case originated in NJ and we are now in SC, so i ended up having to pay an additional $500.00 plus $116.00 a week to get paid up, on or whatever else they could think of. now with all this i'm the one who started the support coming out of my paycheck my x won't let me talk to the girls, see the girls, and she went as far as telling the NJ courts that i'm some kind of sick-o that would molest them. so now I can't see them without being supervised IN NJ! What kind of fairness is that? i can't see my girls, I can't talk to them, and their mother refuses to have anything to do with me. i try to do anything i'm the one in the bad i'm the one who is the trouble maker i pay my support ever week, my income tax is taken from my family here to take care of the girls I can't even see. what can i do? where do i go? who can i talk to? its a mess and I can't do anything about it but pay the support and try to work harder to make more money for my family here. it's a no win situation.

good luck fighting with the nj support office, it's an endless battle,Walter

9. eloise robinson said:

I am from manitoba canada, for 10 years my boys

10. mr x said:

david i was crying tears and laughter reading your story, you are a Comedian. i can tell your a good person and everybody likes you. and, i see you are well educated and can tell by your writings. but, i am not trying to be sarcastic. but, you really did make me laugh. i wish you all the best. its ashame your ex-wife is seeking blood from a man who is not the natural father. the ex-wife knows better than that......., she will always be broke with no money , no matter how much she recieves from you, its called Karama. i believe when it is all said and done you will be the victor and not the victim.

but, on the real i had tears of laughter coming out of my eyes. i love how you broke down the term (probation officer) i was rollin....lol.

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