Monday, March 23, 2015

Deadbeat parents have priority over unsupported children in Cuyahoga County

The last fourteen months my child and I have been trapped in a system that works in the best interest of deadbeat parents rather than the unsupported child.

The biological father of my child has refused to divulge his address, skipped court dates and never made a single attempt to financially support his child. By the time our divorce was granted, the baby was nine months old. Our magistrate ordered the baby’s father to pay support retroactive to his birth. Instead of ordering full reimbursement, she decided to add $50 per month for nine months of arrearage in order to make it easier on him. He was ordered to pay only one third of the medical expenses within ninety days.

After not receiving any child support for three months, I phoned the Child Support Enforcement Agency (CSEA) to inquire. CSEA did contact the father after 90 days and granted him a one week extension. I phoned CSEA after that week had passed and was told the CSEA manager “was feeling generous and gave him an additional thirty day extension”. Translation: My child can go another thirty days without money for milk and diapers.

After six and a half months of no support, the deadbeat’s license was suspended. I believe it was my “squeaky wheel” approach that encouraged the CSEA attorney to file a motion with the court to intervene. The court accepted and his trial date was set.

I was required to attend his hearing, which was at 8:45 in the morning. Special arrangements were made for the babysitter to arrive earlier than usual and I had to miss a half day of work. It is the court’s standard practice to allow an extra thirty minutes for all parties to arrive. I sat outside the courtroom for thirty five minutes… away from my child and away from my job. The deadbeat never appeared nor did he call.
The result of the meeting with the CSEA attorney and the Magistrate was a possibility of the deadbeat being found in contempt of court. The final decision would be up to the judge.

Days later I received the final ruling. The deadbeat was found in contempt of court for not appearing; not for non-payment of child support. He was fined $500 and given the option of 200 hours of community service. His court fees were $70, all to be paid within thirty days to the court, nothing to the child. If he does not pay or do service time, there would be a possibility of jail. I am failing to see how either punishment benefits the child.  The deadbeat is currently hiding in Florida; therefore the penalty is not enforceable unless I initiate action through the Uniform Interstate Family Support Act.

Additionally, it was ruled that this non-supporting parent does not have to make up for missed support payments. The court simply added $20 to future payments until the arrearage is paid… and no interest for his late payments.

Serving community service only benefits the government; they receive free labor. Two hundred hours is the equivalent of five, forty hour work weeks. It would be far more beneficial for the offender to be ordered to get a part time job, with all earnings being directly deposited to the child’s account until they are paid in full. There are several companies who would be willing to hire these people, with no long term commitment or risk of filing for unemployment benefits. Employers should be given tax relief for participating in such a program. This way, the child would be the beneficiary, not the government.

The court also informed me that his court ordered $13,500 reimbursement for medical expenses was my responsibility to collect. To date this payment is over 150 days past the deadline set by the magistrate. I was told that I would have to file separately for this and suggested I hire an attorney, which is not an option at this time. I am a single working mother and sole supporter of a toddler. This would require me to take more money and time away from my child as well as my job to file additional paperwork to enforce the court’s ruling. I am a single working mother and sole supporter of a toddler. I pay for all housing expenses, food, medical care, day care, clothing, diapers, formula, toys, equipment and all other needs of a growing baby. How is this right in the eyes of the court?

Our deadbeat is also the biological father of another young child which he has failed to pay support for over four years. Before June of 2013, his driver’s license was suspended twice for non-support of his first child. CSEA failed to notice they were suspending an expired license. This penalty had no effect. Based on a promise over the telephone that a check was in the mail, CSEA reinstated his driver’s license. That check never arrived, thus the child did not receive any support. The second time his license was suspended, he paid $200.00 to reinstate his license. This is heinous considering he owes over $14,000 in back support for this child alone.

This deadbeat is already well aware that he is the priority, not the child, in the eyes of CSEA and the Cuyahoga County judicial system. He plays the game well.

I have come to realize that it is a far more serious crime to not appear for a court date than it is to not make court ordered child support payments for fourteen months or four years. I feel the court does not value children or the custodial parents.

The court appoints more than “fair” amounts for support based on income. The median support payment is $280 per month and the median monthly cost to raise a child is $840. Giving leniency to non-supporting parents is completely unfair to the child and custodial parent. Something has to be done. Our children are valuable and deserve to be a higher priority than missing a court date!


#ChildSupport   |  #ChildrenDeserveSupport

No comments:

Post a Comment