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Case Ruling: Change in Child Support Requires Court Approval

It is not often that a child support case makes it all the way to a state’s Supreme Court, but recently the New Hampshire Supreme court issued a noteworthy opinion on modification of child support obligations. While the law governing in child support differs slightly from state to state, child support works much in the same way in New Hampshire as it does here in Wisconsin.

Generally, child support payments are determined by child support guidelines established by the state. The guidelines look to a variety of factors, but they focus heavily on parental income.

The New Hampshire case involved a father of a four-year-old girl who had lost his job with a pool company. He had been paying $57 dollars per week two years ago, but a private agreement between the father and the girl’s mother lowered the amount he paid to $50 per month.

The state Division of Child Support Services sent him a bill for past due support last summer after his ex-wife applied for food stamps. The father challenged the bill, but lost in trial court. He appealed the ruling to the New Hampshire Supreme Court, but the Supreme Court ruled that the father is responsible for about $5,000 in back child support payments.

The justices ruled that a private agreement between parents had no effect on a court ordered amount of child support, because the state established child support guidelines that are designed to protect the interests of children when calculating child support payments and court orders for child support are meant to enforce those guidelines. Because child support orders come from a court of law, those orders create an obligation that cannot be altered by a private agreement between two parties. The court found that the parents in this case created a child support arrangement that did not follow the state’s guidelines.

If they had sought a modification of child support payments based on the father’s loss of income, one would likely have been granted. However, the modification would have needed to be monitored by a court that would have taken the child support guidelines into consideration. If you have a question about modifying child support payments, an experienced family law attorney can help inform you of your legal rights and options.

Source: Boston.com, “Court must approve change in child support amount,” Lynne Tuohy, 12/22/2010

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Supreme Court to address right to an attorney in support cases

This month, the Supreme Court heard both sides of the argument in a case that could have an important impact on Wisconsin child support cases. The case centers on the issue of whether poor parents should be provided an attorney in child support enforcement cases. Proponents of providing parents with attorneys in these cases note that jail time is a real possibility in these hearings, and while attorneys are provided by the state in criminal cases, they are not provided in child support enforcement cases.

During a hearing on the issue, the Justices of the Supreme Court appeared to be wary of creating a bright-line rule that would require states to provide attorneys in child support enforcement cases. Nearly every possible ruling seemed to have practical or procedural problems. Justice Anthony M. Kennedy indicated that he believes is no absolute right to provide parents with lawyers during their child support cases.

Kennedy said that it is difficult to issue a blanket ruling since there are so many child support hearings around the U.S. that all have different circumstances. However, he argued that in some situations it might be necessary.

The current case involves a South Carolina man who was jailed for not making child support payments. The man was also held in civil contempt multiple times as a result of his failure to pay child support.

While civil contempt is used as a measure of coercion and not punishment, the man said that since he was too poor to pay what he owed in child support, his incarceration was turned into pure punishment. He believes that if he had been provided with legal representation during the support cases that he could have avoided jail time.

Some justices expressed concern over the tremendous impact that this ruling could have, as it might also affect alimony cases.

Currently federal laws allow legal representation to be provided only for poor individuals involved in criminal proceedings. However, a majority of states do provide lawyers to individuals in child support cases.

The ultimate question that the Supreme Court will need to address is whether the courts should provide legal representation as a part of due process protections of the U.S. Constitution. A formal decision is expected in June.

Source: The New York Times, “Justices Grapple With Issue of Right to Lawyers in Child Support Cases,” Adam Liptak, 3/23/2011

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Child support enforcement proceedings delayed in Wisconsin

Child support payments are vitally important to provide for the well-being of children. When a child support payment is missed, it is usually the child who suffers most.

However, child support enforcement proceedings are mired in prolonged backlogs and delays in some areas of Wisconsin. In Lincoln County, the problem is being felt most acutely. Many residents have to wait through numerous delays as the Child Support Agency struggles with a growing caseload.

In September 2005, there were six Lincoln County caseworkers who managed 1,165 open child support cases. Then, each caseworker managed about 194 cases each. However, budget cutbacks led to the elimination of three caseworker positions. As of early this year, there were 1,622 open child support cases with the three remaining caseworkers managing an increased workload of about 540 cases each.

In the past, it was common for a child support case to be heard within two months after its filing date. Presently, many Lincoln County residents are waiting six months or more for a court hearing. Lincoln County is now in the process of training a fourth caseworker to help with the backlog and delays.

The problem is magnified by the high rate of unemployment in Lincoln County. As of February, the unemployment rate in Lincoln County was 11.8 percent. This causes more parents to fall behind in child support payments and child support payments are being withheld from unemployment benefits.

If you have questions about unpaid child support and child support enforcement, an experienced family law attorney can advise you of your legal rights and options.

Source: Wausau Daily Herald, “Child support cases explode in Lincoln County,” Karina Gonzalez, 4/2/2011

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Wisconsin man pleads guilty to child support charges

It is no secret that the recession has been particularly hard on Wisconsin. In troubled economic times, court ordered child support takes on added importance. Parents depend on child support to provide the basis necessities, including food, clothing, and daycare, for their kids. When child support payments are missed, children suffer.

Recently, a Wisconsin man pleaded guilty to charges that he failed to pay legal child support. The 35-year-old Watertown man was initially ordered to pay $189 per month for the support of his child beginning December 1, 2000. However, prosecutors alleged he had not made any payments since October 2009. Since that time, the total amount of child support in arrearage amounted to $21,444.15.

As a result of his guilty plea, the man faces a maximum sentence of two years in prison, a $250,000 fine and restitution in the amount of child support he owes.

In tough economic times, child support payments become more important to the receiving parent and child. However, tough economic times can also make child support more difficult to afford for the parent who is under a legal obligation to make monthly payments.

When a child support issue reaches a criminal court, it is very possible for both of the parents and the child to be worse off as a result. If a paying spouse is imprisoned, his or her ability to make child support payments will be harmed. Before the situation is escalated to a criminal prosecution, it is important to remember that parents on both sides of the equation have legal remedies available.

The paying parent can request a downward modification if he or she can show that changed circumstances have harmed his or her ability to pay. The receiving parent has child support enforcement remedies as well. These remedies include income withholding, withholding income tax returns, property seizures, property liens and court-ordered punishment to encourage payment.

Source: Justice.gov, “Wisconsin Man Pleads Guilty to Failure to Pay Legal Child Support,” 5/17/2011

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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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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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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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How income affects Milwaukee child support

Child support payments are designed to ensure that a custodial parent in Milwaukee has the funds necessary to pay for a child’s needs and care. However, there is a growing concern that the support system in America is inherently flawed. The concern is that people have children with wealthy partners not because they want children but because there is a financial incentive to do so. It is claimed that the child support system as it currently exists actually punishes the less powerful and wealthy partner in most cases.

In some cases, the non-custodial parent winds up paying more than they can afford. If payments are not made in a timely manner, then they continue to accrue with no way to reset or reduce them. There are also cases where the custodial parent is accused of using the funds for his or her own benefit rather than for the children. The lack of oversight on how child support payments are spent is frustrating for many people, but the courts argue that it would be nearly impossible to carefully monitor every penny paid in child support.

In Wisconsin, the custodial parent is referred to as having ‘physical placement” of the child. The courts may determine what the placement will be if the parents cannot reach an agreement., and the child support payments will be based partially on the physical placement of the children in question. Support levels are based on a percentage of the non-custodial parent’s income. There are also special cases where the percentages may be altered. This includes situations where parents have very high or low incomes, there is more than one family being supported, the parents have shared custody, or there are multiple children and placement of them is split.

The support agreement is binding in court, but it is not written in stone. Parents can request modifications if there are changes in their circumstances. They can ask for different custody arrangements, request an increase in child support or have the levels decreased if they are laid off. It’s important to understand all of the child support enforcement laws, what happens if the payments are delinquent and how modifications can be requested. An experienced divorce attorney may be able to help parents navigate the process and receive the appropriate child support levels.

Source: The Root, “Child-Support Laws: A Boon for Gold Diggers?”, Keli Goff, May 22, 2013

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