Iron Bowl tickets used to ensnare child support violators

Our Wisconsin readers who are gearing up for the 2011 college football season will be interested to read of a news story from Alabama involving child support enforcement and college football tickets.

For years, the Iron Bowl has been a tremendous draw for football fans as it pits the University of Alabama against its archrival, Auburn University. Traditionally held each Thanksgiving weekend, tickets for the Iron Bowl have sold for nearly $1,500 in recent years. Knowing the allure of this game for football fans, one sheriff used the promise of free Iron Bowl tickets to ensnare parents who were behind on their child support payments.

In the recent Alabama story, a sheriff sent letters to parents who were behind on their child support payments. The letters stated that the parents had been selected to receive free tickets to the Iron Bowl. However, when about one dozen parents showed up to a storefront rented especially for the occasion in order to collect their free tickets, they were arrested.

When a parent falls behind in child support payments in Wisconsin, there are two distinct options available. In the first option, the parent can return to court and request a downward modification of child support if he or she has suffered an involuntary loss of income, such as the loss of a job. The second option is less desirable for the parent who owes support, and it involves a wait-and-see approach.

If a parent who is behind on child support simply falls behind and does nothing else, that person can face contempt charges that include the possibility of a fine or jail time. In addition, the state of Wisconsin can withhold the parent’s income or income tax returns.

Source: Fox News, “Alabama Sheriff Uses Fake Iron Bowl Tickets to Smoke Out Suspected Deadbeat Parents,” Aug. 6, 2011

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Terrell Owens pays back-owed child support

Milwaukee residents might have had a dim view of professional football players ever since Brett Favre went turncoat on the Packers and played for the Vikings. But here is some refreshing news about football players that might get them back into your good graces; former Cincinnati Bengal Terrell Owens has done the right thing and paid up his back child support.

As of August, Owens was two months behind on his child support payments and owed his daughter’s mother $10,000. He had claimed the NFL lockout was to blame for his missing payments, but a judge did not buy his story and ordered him to pay up anyway.

Owens had been late once before with his child support payments, which he was first ordered to pay in 2007. A judge took that into consideration when evaluating the request made by Owens’ daughter’s mother that Owens be jailed if he didn’t pay and eventually granted the request.

Even with that threat Owens still didn’t pay and was looking at time behind bars when he apparently had a change of heart Monday and paid the full $10,000.

The lawyer who represented Owens’ daughter’s mother said his client was pleased to have the matter resolved. Owens issued no formal comment.

In times like these, it is not too hard to get financially pinched. That being said, child support payments need to be made. After all, they are court-ordered and go for necessities like food, clothing and medical care, so children deserve to have them. If you are having trouble making your child support payments, don’t just stop on your own. It might be a good idea to have a consultation with a family law attorney to see if there is anything that can be done about the matter.

Source: The Atlanta Journal-Constitution, “T.O. Catches up on child support payments, avoids jail,” Christian Boone, Sept. 26, 2011

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Facebook provides info on dead-beat Milwaukee dad

A Milwaukee, Wisconsin, dad who moved out of state years ago is being stalked on Facebook; by the U.S. Department of Health and Human Services.

The 46-year-old owes more than $100,000 in back child support for a daughter born in 1993. His last child support payment was made back in 1996 and he has been delinquent ever since. He is wanted in Milwaukee on six felony counts of unpaid child support and authorities need help tracking him down.

Federal officials have turned to Facebook to try and find his whereabouts. HHS authorities sent a search warrant to the social media site to get the private information behind the man’s Facebook account. While Facebook will not say how often they get served search warrants or what they pertain to, a spokeswoman says the social media site does adhere to all federal laws.

Facebook provided a CD with the man’s information to federal agents that included pictures, comments, a list of friends, messages, his work history and IP address activity. (The Internet Protocol address is the numerical address of each device used to communicate on the Internet like his computer or iPhone.)

The man is supposedly a fitness guru and personal trainer to the stars who also launched an online web/television site.

It is not uncommon for people to hide their income or work history from authorities in an effort to evade paying court-ordered child support. If you need help collecting child support please feel free to contact our Milwaukee, Wisconsin, Child Support family law firm or read more on our child support web page.

Source: jsonline.com, “Investigators tap Facebook for details in child support case,” John Diedrich, Aug. 3, 2012

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Where you live can make a big difference in child support

Wisconsin basketball fans are familiar with Chris Bosh of the Miami Heat, whose team won the NBA title this past season. Bosh has recently been to court regarding his child support case. The child support dispute is centered on Bosh’s state of legal residence. According to documents supplied in court, Bosh signed an affidavit in 2010 when he secured a mortgage for his multi-million dollar Florida home. The affidavit stated that the home was his primary residence and that he was a resident of the state of Florida. Bosh, however, contends that he is not a Florida resident. He contends that he voted in 2008 in Texas and that he does not have a Florida driver’s license.

Bosh’s residency is paramount to the child support dispute. If Bosh is considered to be a Texas resident, he will only be required to pay $2,600 a month for child support. However, if the court finds that he is a Florida resident, he could be ordered to pay as much as $30,000 a month for child support. The child is question is 3 years old, and the custody and child support cases have been in progress for the child’s entire life.

Courts in some states use child support guidelines to determine how much child support a parent should pay. Although a basic formula is used to compute the average child support based on the noncustodial parent’s income and number of children to support, other factors may affect the amount that is ordered.

Courts will consider the overall financial needs of the child, expenses that go toward raising a child, the child’s medical needs, everyday expenses, extracurricular expenses and the best interests of the child when determining how much child support to award. Family law attorneys are aware of these factors and can assist families with child support cases.

Source: The Miami Herald, “Miami Heat’s Chris Bosh grilled over residency in child support suit,” Aug. 26, 2012

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Wisconsin counties receive funds for child support improvements

Brown and Kenosha counties in Wisconsin will receive $2.6 million in federal funds as part of a five-year initiative to help parents make child support payments and reduce the number of delinquent payments. The counties will have some discretion in deciding how the federal funds will be used as long as the funds are used to provide non-custodial parents with resources that will help them support their families.

Examples of the types of services for which the counties may use the funds include helping a non-custodial parent find a job or providing transportation so the parent can get to work. These services will help the parent meet his or her support obligations. The focus of the program will be parents who have not made their monthly payments for child support in the last year after receiving a support order.

In Wisconsin, the amount of child support owed by a non-custodial parent is calculated based on a percentage of the parent’s monthly income according to statutory guidelines. Other factors, like both parents’ incomes and the number of overnight stays the child has with each parent, are considered when the parents share physical placement. Despite use of these standard guidelines, some parents may believe their support obligation is unfair. Failure to pay is not the answer. Timely child support payments are crucial to a child’s quality of life and also reduce the family’s need for government assistance.

An experienced child support attorney can help a parent obtain a fair child support settlement, modify a prior support order when one or both parties’ circumstances have changed materially, and enforce a child support order when one parent does not pay.

Source: FOX 11, “Counties receive funding to improve child support,” Oct. 28, 2012

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Wisconsin dad barred from having more kids

A Racine County judge has told a 44-year-old Wisconsin man that he cannot have any more children until he is able to show he can support them financially. The man, who has nine children with six different women, owes almost $100,000 in delinquent child support. On December 3, the judge sentenced the man to three years of probation for delinquent payments. The order not to procreate is a condition of the probation.

A 2001 Wisconsin Supreme Court case gives the judge the authority to order the probation condition. That case also involved a man with nine children who was not making his child support payments. In its decision, the court said the man’s reproductive rights were not being violated because he could still procreate as long as he was paying his child support.

While this may be an extreme case, many non-custodial parents may find themselves falling behind in their child support payments and unable to get caught up. This can present substantial difficulty for a custodial parent who is not receiving timely payments needed to make ends meet. In Wisconsin, a non-custodial parent’s child support obligation is based on a percentage of the parent’s monthly income using statutory guidelines. If there is a substantial change in income or in the child’s needs, a modification of the child support order may become necessary.

An experienced child support attorney can help if one parent falls behind in payments. The attorney reviews the parties’ current circumstances to determine if a child support modification would be appropriate. The attorney also can help the custodial parent seek enforcement of an existing order.

Source: Milwaukee Journal Sentinel, “Behind in child support, dad barred from having more kids,” Dec. 4, 2012

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Wisconsin man ordered to reveal unpaid child support

Last month, we reported that a judge had ordered a Wisconsin man not to have any more children until he demonstrates that he can financially support the nine children he already has. Now, another Wisconsin man has received a similar order, but in this latest case, the judge has gone one step further. The man also must reveal within three minutes of meeting a woman that he is a convicted felon with overdue child support obligations.

The unusual order came after the 28-year-old father pleaded guilty to the felony charge of failure to pay child support in 2011 for over 120 days. During sentencing, a Washburn County Circuit Court judge told him that he cannot have any more children until he is paid up on his delinquent support. This has been done before, following a previous case authorizing judges to issue such orders. The obligation to notify potential mates of one’s criminal past is novel, at least to this man.

These cases illustrate the risks of falling behind in child support payments. The more one falls behind, the more difficult it becomes to get caught up. A failure to pay can lead to child support enforcement proceedings and criminal charges. That is why it is important to seek help.

In Wisconsin, and in other states, the financial obligation of a non-custodial parent is often based on a percentage of the parent’s income applying a statutory child support formula. If there is a substantial change in circumstances, it may be possible to modify the original child support order. If you have fallen behind in your monthly payments, it can help to seek advice from a knowledgeable child support attorney who can review your financial circumstances and seek child support modification if appropriate.

Source: Milwaukee Journal Sentinel, “Wisconsin man in child support case ordered not to have more children,” The Associated Press, Jan. 17, 2013

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Another Wisconsin man barred from having children

Wisconsin judges have a variety of means at their disposal for child support enforcement. They may order garnishment of a delinquent parent’s wages or income tax refunds, place liens on property or deny occupational and sporting licenses or even order jail time. Increasingly, Wisconsin judges have been resorting to an enforcement measure many view as extreme – they are ordering delinquent parents to refrain from having more children.

A Racine County judge made national headlines in December when he ordered that a man could not have any more children until he showed he could support them. In that case, the man owed around $90,000 in delinquent payments for nine existing children. Then, as we reported in a prior blog post in January, a Washburn County judge imposed similar conditions on another man who had been convicted of failure to pay child support. Now, a Sawyer County judge has adopted the same approach.

In the most recent case, a Hayward man who owes approximately $5,000 in back support for his three children was convicted on two felony counts of failure to pay support. In sentencing him to two years’ probation, the judge ordered that he refrain from procreating until he pays up. In an additional twist similar to the other case, the judge also ordered that the man disclose within three minutes after meeting any woman that he is a felon and owes back child support.

These cases demonstrate the serious consequences of falling behind on child support payments. If non-custodial parents find they cannot make court-ordered monthly payments, it is important for them to seek help. An experienced child support attorney can review a parent’s financial situation to determine if a child support modification would be appropriate.

Source: Duluth News Tribune, “State view: No-procreation order is just one solution to enforce child support,” Bruce Vielmetti, Jan. 23, 2013

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Powerball winnings will go to unpaid child support

To the dismay of many Wisconsin residents, there was only one lucky person holding all of the winning numbers when the Powerball jackpot reached a near-record $338 million in March. That man will not be the only beneficiary of the $211 million lump sum payout, however. Also benefitting will be the children to whom he owes $29,000 in past-due child support payments dating back to 2009. According to law enforcement officials, a warrant has been issued in connection with the unpaid support, and the amounts owed will be withheld from man’s Powerball winnings.

While very few people will win the lottery, state child support agencies have numerous tools at their disposal to collect child support. In Wisconsin, most support obligations – about 75 percent – are collected by withholding the amounts owed from the parent’s paycheck. This is accomplished by providing notice to the parent’s employer. Unemployment, workers’ compensation, pension and social security disability benefits also are subject to withholding for child support.

If a parent owes back child support, the amounts owed may be withheld from lottery winnings of at least $1,000 as in the case of the recent Powerball winner. Tax refunds and bank accounts also are subject to seizure to satisfy past-due child support obligations. The obligation to pay back child support does not end when the child reaches age 18; enforcement may continue for another 20 years if the obligation remains unsatisfied.

Because the consequences can be severe if a parent does not meet his or her child support obligations, it is advisable to seek professional help before one gets behind on the monthly payments. Child support modification may be possible if there has been a change in circumstances, such as the loss of a job. A qualified family law attorney could advise as to whether modification may be possible in a particular case.

Source: Yahoo! News, “Powerball jackpot winner owes $29,000 in child support – sheriff,” Dave Warner, March 28, 2013

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Wealthy socialite accused of child support fraud

Milwaukee residents may be interested to learn of a high-profile case involving a billionaire Wall Street financier and a well-known socialite. The couple has a five-year-old daughter. The mother is accused of conspiring with her boyfriend, a partial owner of the Tampa Bay Rays and a former executive at Goldman Sachs, to conceal her income in order to fraudulently obtain child support payments of approximately $50,000 per month from her former partner.

The suit was filed in a U.S. federal district court. Court documents allege that she fraudulently obtained the support payments to “improve upon her already extraordinary life of luxury, privilege and modest fame.” The 43-year-old mother is wealthy in her own right as the daughter of the former chairman of HSBC. She travels the world as an athlete and mountain climber.

The mother is accused of conspiring with her current partner to fraudulently classify millions of dollars in gifts as loans in order to avoid having those amounts considered in a child support determination. Classifying the cash payments as loans also allows the man to avoid paying IRS gift taxes on the money. Neither the mother nor her partner responded to several requests that they comment on the situation.

When a parent lies about income in order to affect the amount of child support paid or received, that may be considered fraud. A family law attorney may be able to help the other parent bring an action to have fraudulent child support awards set aside and to ensure the appropriate amount of support is paid. An attorney may also be able to negotiate a settlement to allow the parties to avoid going back to court.

Source: CNBC, “Millionares Clash Over Socialite’s Child Support Claims,” Peter Lattman, April 26, 2013

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