By Shavonne Potts
spotts@salisburypost.com
In the 2011-2012 fiscal year, the Rowan County Department of Social Services collected nearly $10.2 million in child support payments. The total amount due for that year was nearly $11.9 million, meaning about $1.7 million went uncollected.
It’s a small consolation to parents like Terri Martin, whose ex-husband, Toby Meadows, has avoided paying for their three children for the last six years. Martin, who has remarried, recently got a reprieve. A judge sentenced Meadows to the county jail, pending a $250 payment.
The $250 will be given to Martin, but is just a small portion of the more than $16,000 Meadows owes.
“The majority of the people pay,” said Karen Bost, a Rowan County Social Services child support enforcement supervisor.
The best scenario is when a person makes a payment before being ordered to do so by a court, Bost said.
Social Services officials say and statistics show in the majority of cases, parents who owe child support pay.
There are non-custodial parents who owe child support that pay thousands of dollars per month and some who are only obligated to pay $50 a month, Bost said.
“Child support orders cross all socioeconomic backgrounds, races and sexes,” she said.
Pay Guidelines
Several factors are considered when determining the amount of child support a parent is required to pay. The court system already has a detailed chart outlining required child support amounts. The chart is just one element under the N.C. Child Support Guidelines.
Each state is required to develop guidelines to determine child support amounts. In North Carolina, the state Conference of Chief District Court Judges determines the guidelines.
These guidelines are based on two things: the parent’s ability to pay and the child’s needs.
“The guidelines set the amount. They can’t deviate,” Bost said.
The state guidelines are used to calculate a child support obligation based on the combined gross income of the parents. The exact amount is based on several factors, including the number of children, health insurance premiums and other extraordinary expenses.
Bost said in some instances, the parties can agree to a set amount of child support without involving Social Services.
Child support is automatically established for a child if the guardian or parent receives public assistance, such as food stamps.
“We want them to work. We want them to pay,” said Beth Berry, a Rowan County Social Services child support enforcement supervisor.
“To support their children,” Bost added.
Going to Court
“Child support is second only to criminal court in the number of cases that are resolved in the courthouse. It is a huge volume in the courthouse,” said Chief District Court Judge Charlie Brown.
Each week, two court sessions on Monday and Tuesday are solely dedicated to child support cases.
One day in court is set aside to establish court orders and the other day is to enforce orders.
There are many tools that can be used to secure enforcement, Brown said, including revoking a professional or driver’s license, intercepting lottery winnings and implementing wage withholdings from a paycheck.
Other ways to enforce child support include freezing bank accounts, intercepting tax refunds, placing the non-custodial parent on electronic house arrest, or suspending a jail commitment in exchange for a lump sum cash payment toward the past due support amount.
“There is an exhaustive list of tools,” Brown said.
These tools are useful, but not 100 percent effective in getting a parent to pay, but he said, there is “trained staff that are committed and diligent in applying those enforcement tools.”
A person who refuses to pay or makes irregular or late payments can be held in contempt.
“Contempt is the court’s authority to put you in jail or to suspend the jail commitment with conditions,” Brown said.
Those conditions could include requiring a non-custodial parent to pay a “purge” or special payment toward back support to avoid going to jail, complete community service until they find a job or be subject to automatic arrest for any missed future payments.
Frequently, enforcement court cases are continued for unemployed non-custodial parents, requiring them to search for a job and provide the court with proof of their efforts.
“Legally speaking, there are many enforcement tools available to extract child support from non-custodial parents that are willfully refusing or bent on avoiding their duty to pay support, not the least of which is jail,” Brown said.
He said, however, that jail is the last resort.
“Everyone understands that if you’re in jail you’re not earning a paycheck and if you’re not earning a paycheck you can’t pay child support,” Brown said.
“In order for a judge to lock someone up for not paying child support they have to be able to pay but willfully refuse to pay,” he said.
Bost said the court gives the non-custodial parent time to make amends.
Berry said there are parents who genuinely try to pay.
“They are not all deadbeat dads,” Berry said.
If a non-custodial parent just doesn’t pay, he or she can have their state and federal income taxes garnished. The state can even suspend any driver’s license or medical license the person may possess.
“We have lots of people we can’t find,” Bost said.
Brown said there is a very comprehensive framework of laws that exist to effectively enforce child support. There are over 100 pages of child support laws on the books, “the solution is not more laws, it’s to more effectively enforce existing laws.”
Legislation
There are a few amendments to current laws that were looked at in the last legislative session.
State lawmakers have begun looking at child support legislation, including how to obtain relief when the paternity of the father is incorrect. In May the bill was referred to a Senate committee, where it remains. The bill was initially filed in February 2011.
A noncustodial parent pays child support for a child until the child reaches 18 or is legally emancipated. The support can continue until the child is 20, if the child is still in high school.
Lawmakers have amended the most recent child support legislation, which took effect in October. This new law addresses termination of child support payments when the child completes the fourth year of an early college program.