Child Support Reform – Fathers and Families
Going after a man’s wallet and his finances is one of the more blatant and destructive ways the family court system attacks men.
The past few years many fathers have fallen behind on child support payments due to the economy and high unemployment rate. The problem is when dads do fall behind it is extremely difficult to pay off the additional arrears because of the high interest rates applied so it just keeps on adding up.
In California, 75% of all child support arrearage is solely the interest charged on back child support, according to Robert Franklin, a father’s rights advocate who serves on the board of directors of Fathers & Families.
For example, every six months New Jersey conducts a sweep of non-custodial parents, almost always the father, who are behind on child support payments and give those men an ultimatum: pay up or go to jail.
The last time one of these roundups was performed they collected only 1.2 cents on the dollar, Franklin said. This means that these fathers, when faced with the choice of going to prison or paying the amount, just simply cannot pay.
“The men who are behind on child support are not unwilling to pay, they are unable to pay,” Franklin said.
Fathers & Families, a national organization committed to family court reform at the political level, has made reducing, if not eliminating, the outrageously high interest rates charged to child support arrears one of its legislative goals in 2011.
Last year, the organization was successful in reducing the child support interest rate by 50% in Massachusetts.
Alimony reform is also at the top of the group’s agenda. One of the main abuses of alimony is the issue of “double dipping.”
For example, if the father or husband owns a business and he gets divorced, his wife gets half of the assets of the business. But her alimony is calculated on 100% of the business’ profits so therefore she is double dipping.
“We also want to limit court-required payout of assets in marriages of less than 10 years, and we are going to set caps on how much gross alimony courts can order obligor’s to pay and the number of years for which it should be paid,” Franklin said.
In many states, alimony is left open-ended and the decision is left up to the judge; there are no specific guidelines. With men paying alimony in 99% of the cases, this leaves family court judges with a tremendous amount of power and leeway to force payments of their choice on the husband.
If you need help with a child support modification, contact the divorce attorneys for men at Cordell & Cordell.
Use the Child Support Calculator on DadsDivorce.com for an estimated amount of how much child support you should be paying.
I believe our present laws on that are so out dated, they hold you like a hostage. this goes to the fathers that are current with payments, you are cancelled from owning your home,ira accounts,bank, and you name it . I did try to offer a conclusion to this, no communication other than a flat no, we are new at this. then the money i had in my Ira,was taken along with the proposed check-they took 10,000 this year plus the amount i currently pay. we need to check this out and make changes for the fathers that are trying.
I am having a problem with my arrearages in arizona. My ex left arizona for Penn illegally so I tried to establish the support order in PA. Arizona refused to do it and when she heard about this she picked up and moved back to arizona to prevent contact with my kids. Now in the past 4 years I have paid child support without missing a month and it went up 40,000 dollars. Nevermind the countless time she made false allegations to try to get me arrested as much as possible. Or the times she called my employer and got me fired. One time she even sold all my belongings to an ex employer right after he fired me. This system is sick. When I realized she had left arizona I called the child support division to tell them. They said get a lawyers and fight it here in arizona. While she is living in Pa. So she found a new way to manipulate the system and me. Crazy
Is there anyone that can change how child support is done? I don’t think it is fare to have to pay when it was the woman who chose to leave.. I lost alot of pay and the courts tell me that doesn’t matter and I still pay over 200 a week.. I’m looking to chance this.
I have arrearages amounting 79k largely if not totally due to Arizona 10% interest for my daughter who is an adult on her second marriage and has a three year old her self. Her mother has two rental homes plus the one she lives in a new truck drives a lexis has a camper boat motorcycles and drinks is a twelve pack of beer every night. I on the other hand cant even find a way to keep my tax refund to put an air.conditioner in my house instead I get to look forward at the beggining of the year a notice with a new arrearges total that idle ten percent of the year before … 7,900 this year even thou they garnish my paycheck every pay day I still gerlt charged 10%