Friday, June 1, 2012

Treasury Department Decision May Leave Those Behind on Child Support Penniless


Posted on: June 1, 2012

According to an article in USA Today, a big, though unanticipated change is in the works that could severely impact those behind on their child support payments. The change is the result of an attempt by the Treasury Department to reduce money spent by mailing out paper checks. The federal government will begin making government benefits payments electronically in March of 2013. This means that the paper checks that many rely on to shield a portion of their monthly income from states attempting to collect back child support will disappear.

States have long had the power to put a freeze on the bank accounts of those who are behind on their child support obligations. A relatively recent ruling by the Treasury Department also permits states to freeze Social Security, disability and veterans’ benefits that appear in the delinquent parents’ bank accounts. Once the decision to eliminate paper checks is implemented, some 275,000 people could lose access to all of their income.

This presents huge problems for a certain segment of the population, typically poor men substantially behind on their child support payments. There are plenty of instances where such payments are decades old and involve children who have long since grown up. Much of the money owed is for interest and accumulated fees. Of the money that is collected most will go to the states, not to the children of the men who were owed the money. States are authorized to retain this money as repayment for the years they spent providing welfare services for the children.

Beginning next March the Treasury Department will deposit all federal benefits directly into bank accounts or load them onto prepaid debit cards. No matter which method, state governments will then be allowed to access the money. States are currently allowed to garnish 65% of government benefits an individual is entitled to before they are disbursed. This same limit will not apply once the money has been wired to an account (or a prepaid debit card).

Though the goal is a good one, the chosen method will likely be counterproductive. Many of the men on the receiving end of this new payment system are already facing financial devastation in the form of eviction, foreclosure and aggressive bill collectors. People who owe large amounts of child support are almost exclusively poor and the numbers tell the tale: among those owing $30,000 or more, three-fourths had either no reported income or income of less than $10,000. By allowing states to seize their remaining income stream - federal benefits - these men may very well be left penniless.

Though there may not be much sympathy for the people behind on their child support payments, it’s important not to rush to judgment with overly punitive measures. If you find yourself facing the prospect of divorce, contact an experienced Ohio family law attorney who can help guide you through the difficult process. Count on the expertise of Twinsburg family law attorney Carol L. Gasper.

Source:Rule could leave poor, delinquent dads with no income,” by The Associated Press, published at USAToday.com.

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