Menendez Introduces Measure To Strengthen Child Support Enforcement

U.S. Sen. Robert Menendez

WASHINGTON, D.C. – U.S. Senators Robert Menendez (D-NJ) and Chuck Grassley (R-IA) introduced the “Strengthen and Vitalize Enforcement of Child Support (SAVE Child Support) Act.” This legislation aims to give states tools to collect child support from parents who do not pay their support orders.

Menendez said, “Our bill will help states make dead-beat parents pay the child support they owe. It will help enforce interstate child support orders so that no parent can hide from their obligation to their children. It will strengthen existing child support enforcement laws by giving states more tools to enforce interstate child support orders, making existing enforcement procedures more uniform, and cracking down on the deceptive practices of private child support collection agencies.”

Under the senators’ proposed legislation, each state would have access to a child support lien registry so that liens placed against property because of overdue child support can be easily found. Additionally, the bill would make it easier for states to intercept payments made to individuals in order to satisfy child support orders by requiring automated data matches with state child support agencies.

The bill would also strengthen the procedures by which certain licenses, permits, and passports can be revoked by requiring greater coordination between child support agencies and license-issuing agencies, as well as requiring a passport to be restored only after complete repayment of arrears. The bill would encourage state child support agencies to coordinate with state correction agencies to assist individuals with a support order to manage and fulfill their support obligations.

According to the Health and Human Services Office of Child Support Enforcement FY 2009 Preliminary Report, over 11 million cases had child support arrears due in FY 2009. The total amount of child support due for FY 2009 was over $32 billion and 62 percent of that amount was collected and distributed. The total amount of child support due for all previous fiscal years was over $107 billion and only $7 billion of these arrearages were collected and distributed in FY 2009, a decrease of 9.2 percent in comparison with FY 2008.

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2 comments for “Menendez Introduces Measure To Strengthen Child Support Enforcement

  1. Dadzrites
    September 30, 2010 at 8:16 pm

    Senator Menendez has no clue as to what he’s talking about with regard to child support enforcement. The $32 Billion arrearage is a fictitious number. Most of these support orders include alimony and other costs. Furthermore, child support is a Marxist ideology brought over from the Soviet Union by radical feminist groups and feminist bar association lawyers. Child support is nothing more than forcing one sex into peonage for a generation or longer, financially destroying him. This is nothing more than a political “Star-Chamber” situation where the powers-that-be steal the money from the serfs and then imprison them for debt when there are no assets (or imprison them for debt to steal the assets).

    There are a lot of fathers out there who’ve lost their jobs thanks to our government usurping the banking and mortgage businesses, and now the car businesses. Government, with its lapdog press, like to pick on groups of people to create animosity and divisiveness. It’s time to show the government for the real “deadbeat” that it is.

    According to a 7-year study done by Arizona State University Professor Sanford Braver, Ph.D., which resulted in his book, “Divorced Dads–Shattering the Myths”, he found that less than 5% of those that owed child support are true deadbeat dads-the ones with the younger trophy wives and sports cars, who don’t want to pay anything. The truth of the matter, is that according to the Federal Gov’t. General Accounting Office, Report # GAO/HRD-92-39FS, pg. 19, over 66% of those owing child support can’t pay because they are unemployed, underemployed, disabled, dead, and in some cases the mothers don’t want support.

    Judges order such onerous child support amounts in some cases, along with alimony, daycare, medical expenses, and other expenses, that the father can’t survive. He ends up becoming despondent, leaves his job and drops out of sight. He loses all contact with his child(ren) as a result. This is the government’s ultimate goal. Breaking up of father-headed families (and then mother-headed ones when there are no more fathers, wherein, the government will come for the children without any resistance). Government doesn’t do anything for altruism. They always have a motive behind what they do and the laws they make. It’s all about money, power and control.

    The reason for this: Because judges are granting high orders and enforcing them stringently because the Federal government pays the states a federal reimbursement incentive funding (42 USC Section 658a) for amounts awarded, collected and enforced. This money goes into the state coffers, no strings attached (42 USC Section 658f). The first things paid out of state treasuries are judicial salaries and pensions and state employee salaries and pensions.

    This is a major unconstitutional conflict-of-interest that has been outlawed by the US Supreme Court in Tumey v. Ohio, Ward v. Monroeville, Gibson v. Berryhill and other cases. The Supreme Court held that judges and officials (i.e., child support probation officials) who sit in judgment of cases that they have a financial interest in, are too tempted to abuse their contempt powers to jail unsuspecting litigants-taxpayers to extort/extract more and more monies out of them to increase the amount of funding, and ultimately increase their salaries and pensions.

    Anyone arrested on one of these orders is being arrested for not only a fraudulent order, but on a CIVIL matter. The U.S. Courts of Appeals (2nd highest courts in the land) as well as the US Supreme Ct. hold that one can’t be arrested on a CIVIL matter because there is no 4th Amendment probable cause that a crime has been committed to issue an arrest warrant. These Courts of Appeals held that child support is nothing more than a common civil, commercial debt, and that it is NOT any “special kind of debt”. Again, another fraud perpetrated by government officials. Every other Circuit has followed suit and hold that child support is a common commercial, civil debt.

    The child support industry is a total fraud. It is a $10 BILLION per year INDUSTRY that, if eliminated, the monies saved and sent to the children that supposedly need it, would wipe out all child support arrears in the US at one time. All that would be needed to do is send the BILLIONS in the form of a Social Security check or wire transfer, since child support enforcement laws are part of the entire Social Security Act.

  2. Dokemion
    September 29, 2010 at 2:07 pm

    Many mothers don’t file for child support because they don’t know how, or because they might just be afraid of their children being taken away. But what they don’t know is that that there is a world of resources out there just waiting for them.

    Instead of seeking child support from your child’s father directly, it is advised you do so through court. Not only does that make the father keep the payment amount consistent, but the court can also force him to fulfill his obligation if he slacks behind for some reason.

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