Collecting Child Support by Wage Garnishment: The New Normal
A few years ago the fact a sitting member of Congress had his federal salary garnished to pay child support made the national news.
Not everyone realized that wage garnishment, or 'income withholding,' is now the normal method by which court ordered support obligations are collected.
In Kentucky, for example, for a divorced non-custodial parent of a minor child, collecting support payments by wage garnishment is the standard legal rule.
Voluntary payment of child support is the exception.
To avoid wage garnishment a party must specifically request being excused and must give proof of good cause for the exception.
The legal systems for collecting support payments have changed dramatically over the last thirty years.
Those of us who are in an older generation may not have kept pace with the changing times.
In the past, the financial issue of raising children was a private concern of the parents.
Now, with the large number of divorces, children born out of wedlock and children placed in foster care, collecting support for dependent children is an important social problem.
Old stereotypes and mistaken attitudes may still take charge when it come to the idea of collecting child support by means of wage garnishment.
Some believe that wages are garnished only when someone does not pay his or her debts, and people who do not support their children are irresponsible.
The word "deadbeat" may enter the conversation.
But, this is not true! These old beliefs are not justified and the attitude is unfair to the non-custodial parent paying support.
In 2011 more than 80% of all support payments collected through state agencies nationwide were by means of mandatory payroll deductions, or wage garnishments.
Folks whose employers withhold child support payments from their wages may not discuss this openly with their friends.
It is a hard thing to explain.
The reality of the situation simply does not justify any suspicion that the non-custodial parent is shirking his or her financial obligations as a parent.
In fact, the circumstances show that these support debts are being paid on time, every payday.
The world has changed and popular attitudes must also change to keep pace.
It is the way the system works today.
An individual may be wholly faithful and diligent in meeting support payment obligations and yet be subject to an involuntary order requiring wage withholding.
If a non-custodial parent fails to meet his or her child support obligations, it is rarely because of any lack of love or concern.
Most often, it is due to lack of a job or lack of a job that pays enough.
Times are tough and most parents would do anything for their children.
State child support enforcement tools are highly efficient at tracking non-custodial parents form job to job, finding bank accounts, seizing tax refunds and inflicting pain for non-payment.
I doubt that many individuals fail to pay child support just because they don't want to.
Not everyone realized that wage garnishment, or 'income withholding,' is now the normal method by which court ordered support obligations are collected.
In Kentucky, for example, for a divorced non-custodial parent of a minor child, collecting support payments by wage garnishment is the standard legal rule.
Voluntary payment of child support is the exception.
To avoid wage garnishment a party must specifically request being excused and must give proof of good cause for the exception.
The legal systems for collecting support payments have changed dramatically over the last thirty years.
Those of us who are in an older generation may not have kept pace with the changing times.
In the past, the financial issue of raising children was a private concern of the parents.
Now, with the large number of divorces, children born out of wedlock and children placed in foster care, collecting support for dependent children is an important social problem.
Old stereotypes and mistaken attitudes may still take charge when it come to the idea of collecting child support by means of wage garnishment.
Some believe that wages are garnished only when someone does not pay his or her debts, and people who do not support their children are irresponsible.
The word "deadbeat" may enter the conversation.
But, this is not true! These old beliefs are not justified and the attitude is unfair to the non-custodial parent paying support.
In 2011 more than 80% of all support payments collected through state agencies nationwide were by means of mandatory payroll deductions, or wage garnishments.
Folks whose employers withhold child support payments from their wages may not discuss this openly with their friends.
It is a hard thing to explain.
The reality of the situation simply does not justify any suspicion that the non-custodial parent is shirking his or her financial obligations as a parent.
In fact, the circumstances show that these support debts are being paid on time, every payday.
The world has changed and popular attitudes must also change to keep pace.
It is the way the system works today.
An individual may be wholly faithful and diligent in meeting support payment obligations and yet be subject to an involuntary order requiring wage withholding.
If a non-custodial parent fails to meet his or her child support obligations, it is rarely because of any lack of love or concern.
Most often, it is due to lack of a job or lack of a job that pays enough.
Times are tough and most parents would do anything for their children.
State child support enforcement tools are highly efficient at tracking non-custodial parents form job to job, finding bank accounts, seizing tax refunds and inflicting pain for non-payment.
I doubt that many individuals fail to pay child support just because they don't want to.
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