Thursday, February 12, 2009

Child Support Fraud Proposal

I started this blog mostly because of a proposal paper that I had to write for my Comp 2 class.  I feel that if the message is received by the right people, it could make a huge difference in the lives of millions of single parents.  I tried to be as objective as possible while writing the paper but it is something that effects me greatly.  For those reading this that might not know me, I am a single mother raising my child on my own.  My daughters sperm donor is a very irresponsible person. To put it plainly, he is a controlling, abusive, tweaking jerk who hasn't been involved in his daughters life.  He is, in fact, doing everything he can to try to make life difficult for us. He is working a fulltime job where he gets paid under the table in order to avoid paying a significant amout of child support.  Unfortunetly, even though I KNOW he is working and others will back me up on this, there isn't any paperwork to prove that he is.  This is enabling him to lie to child support recovery about his income (he had to tell them something after I went in and told them he had a job and had them call while he was working... kinda difficult to deny it when you're the one that answers the phone!).  He claims that he only works one day a week in order to only have to pay the bare minimum of $50 (he's being super generous by paying an extra $10 towards back child support) instead of claiming that he makes around $400 a week, which is what he told me was his weekly income.  He is getting away with cheating us out of over $350 in child support a month. I've told child support recovery this, and my lawyer, and all they can tell me is that unless I can 'prove it' they can't do anything for me! What kind of crap is that? All they have to do is drive through and they will see him there 5-6 days a week.  I was told that I could hire a private investigator, but who has the money for that? My daughter and I live off my student loans and the measly $60 in child support that we receive a month.  Anyways, to stop my ranting and at least feel like I'm doing something, I wrote this proposal paper for my class and I'm posting it online to see what kind of feedback I receive.  I'm also debating whether I should send it to a couple of newspapers or something.  Let me know what you think!

Child Support Fraud Proposal

One of the hardest jobs in the world is on the shoulders of single parents.  They are not only wholly responsible for the raising of children, teaching them the ways of the world and turning them into responsible adults, but they are also completely responsible for providing every necessity for that child, such as clothing, housing, food, school and child care costs and health care.  It is almost impossible to believe, but there are parents in this world who not only choose to not provide for their child, but are willing to cheat the IRS and falsify government records in order to avoid paying a significant amount of child support.  There are agencies like Child Support Recovery that try to help the custodial parent receive the child support that is owed them, but they are limited in the services that they are able to provide.  A good solution to this problem would be to have attorneys and private investigators who work side by side with Child Support Recovery that are available to the parent.  These attorneys and investigators would be willing to work pro-bono unless child support is collected and then they receive a percentage of what is collected.

            The only relief that single parents have available for them from the overwhelming stress of their every day obligations is state assistance and child support.  There is only one reason that a parent would be willing to take on such an immense amount of responsibility, and that is love for the child and a willingness to do everything it takes to be the parent that child deserves.  The only reason that a parent would have to take on this much hardship is if the other parent isn’t willing to accept any responsibility for that child.

            This is a problem that is raging around the country.  According Lydia Scoon-Rogers with the U.S. Census Bureau (Scoon-Rogers), “About a third (32 percent) of custodial parents who did not receive the child support payments awarded them in 1995 were poor.”  Poor is defines as lacking material possessions characterized by poverty.  But the issue does not stop with the fact of the non-custodial parent not paying the amount of child support that they were court ordered to pay.  There are resources available to help parents who are in that kind of predicament, such as food stamps and welfare.  The unrecognized situation is ‘What is to be done about non-custodial parents who are getting paid under the table in order to avoid paying a significant amount of child support?’  Since there is no paper evidence, such as check stubs, to prove that this parent is indeed working, they are getting away with cheating their child out of the financial support that they deserve, leaving the custodial parent with nowhere to turn and nobody willing to help them, unless they can afford to hire a private investigator and attorney who are willing to take on the challenge of proving that the non-custodial parent is indisputably evading child support payment.  There are very few professionals who would be willing to take on such a seemingly hopeless case, especially if there is no reimbursement for their time and efforts.  This leaves the custodial parent in a bind, since they are barely able to take care of their financial responsibilities at home, they are definitely unable to afford the services they would need to take on this type of challenge.

            The problem with this type of situation, is that there is currently no attainable solution.  Therefore, I propose that Child Support Recovery have attorneys and private investigators on hand.  The attorneys and private investigators would volunteer for this position and take on cases that have reasonable suspicions.  The private investigators would be able to prove that the non-custodial parent is or is not working so that it wouldn’t be the custodial parent’s word against the non-custodial parent’s word.  Then the attorney would be able to build a legitimate case to present before the courts so that the custodial parent is able to get the child support that they so desperately need.  The attorneys and private investigators would initially take on the case pro-bono, but if it goes before a judge and the custodial parent is awarded and able to collect the child support that is due them, then a percentage of it (15%) will go to the professionals that took the time to make it possible.

            A solution like this being put into action would dramatically change the lives of the 22.8 million children who have an absent parent.  It would also lower the poverty rate, since the census bureau reports that “custodial parents receiving at least some of the child support they were owed had a poverty rate of 22 percent (Scoon-Rogers).  It would also help to lower the number of single parents who receive state assistance, since they would be able to receive less food stamp and FIP payments.  All it would take is time and effort from the professionals who would be able to make the lifestyle changes possible that single parents dramatically need and deserve.

2 comments:

  1. It's a thoughtful essay that hits a lot of good points. It seems well considered on your part, though it could use an additional source beyond Scoon-Rogers to leverage a more authority on which to base your ideas.

    There are a couple of thoughts I have on its structure for improvement though. First the data seems a trifle old; at 14 years it seems like there should be newer data available. However, my biggest issue comes in the use of pro-bono labor, though it might be a matter of ignorance on my part.

    It seems like the judgments levied against the deadbeats would be awarded to the custodian. If this is the case, then there would be little reason to involve the state as a sort of broker when it would, theoretically at any rate, for the custodian to contract out a 15% rate him- or herself. The problem still remains a matter of finding those willing to work on a strictly percentage basis. Now, if the award goes to the state, then it would certainly be appropriate for the state to be directly involved. As an alternative, you might just want to consider altering your plan for DHS (or whatever agency deals with these issues) to encourage retired lawyers/detectives, as a way to give back to, and stay involved, in the community.

    Also, I have ideological arguments against it (small gov't and such), but those were my only internal-logic questions I had.

    Nice job overall, though! It's definitely worth sending off to newspapers to see if anyone will run it.

    On a related note, I'd like to hear your ideas on the collection of payments, once judgment is rendered. I know it doesn't match the purpose of the essay, but I'm curious never-the-less.

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  2. Great advice Eric - you are always so smart!
    I would love to see this particular dead beat offered the alternative of terminating his parentage in lieu of back support. But I know some think he should pay back support - no matter what. But he should give up his parental rights - regardless of anything else. Can you be so lacking of common sense (even in the depths of drug hell) to know what is best for your child? Just walk away and let Lilly be FREE from the HORROR of your life.
    But, I dream.
    I'm still fighting for SSD. If you hire a lawyer they get 30-35% at least of your past payments. They can present exactly what you have and but make the difference. I don't get it. But Social Security will pay you a lump sum of what you’re owed.
    Most of the time you aren't going to get that from a dead beat. They aren't going to have it. Maybe we need a financial backer, like our government, who will pay the back payments for the sake of the children, and go then after the dead beat sperm donors. Then dead beats could make their back payments to the government and be given another chance to be honest with the rest of their child support payments, having been forced to learn a hard lesson at required dead beat classes. If not, hopefully the government agency created just for this will use "Dog the Bounty Hunter" to beat it out of them.
    The government would be in a better place to collect from garnishing wages to taking tax returns. When they apply for a marriage license, the new wives should have to sign a disclosure to make sure they are informed of these guys’ current obligations. They should be made aware of how this could affect their future family.
    This could be a political platform for single moms. Why should the kids live in poverty (also using more social services the taxpayers must pay for) and why isn't the government really going after these guys for the sake of saving money on social services? The moms shouldn't be lost in a tangle of red tape. After a period of say 3 months of non-payment it should be an easy paperwork file for the moms. (Feel free to fill in the terms of custodial and non-custodial parents here. I just used the majority rules.)
    And if a guy has six kids by six moms (insert your favorite number here) we need to discuss neutering or a hefty fine. This will be their choice, just as having the original sperm donating sex was - their choice.
    Maybe the new "Scarlet Letter" should be a bright yellow D showing these men to be the yellow bellies they are for turning their backs on children. The D representing the words: dad, donors, and dead-beats. Why can’t we see the most wanted dead beats for our area posted in the post office next to the most wanted criminals? Maybe some business owner will have a heart and give the dead beats jobs to make sure they can act like men and hold their heads high in front of all children.

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