What is the Law of the Deadbeat Dad?
Deadbeat dad law refers to an array of state laws intended to ensure that non-custodial parents fulfill their financial responsibilities to their children. Like most family law terminology, the terms deadbeat dad and deadbeat mom are not formal terms used in the law. Rather, they are terms people use to describe a parent who is not meeting his or her obligations as a parent, such as failing to pay child support. The term deadbeat is commonly understood in North America to be slang for someone who is irresponsible. Within the legal realm, however, these are very serious matters.
Deadbeat dad laws comprise several different laws that may be invoked in order to enforce a parent’s obligation to pay child support . For instance, many jurisdictions allow the custodial parent to report failure to pay child support to the authorities. Sharing information among the states is promoted by the Uniform Interstate Family Support Act, which was created to help enforce child support payments across state lines.
In the federal jurisdiction, non-payment of child support may be swept up in the Child Support Enforcement Act. Under this act, non-custodial parents may be prosecuted for failure to pay child support. In many jurisdictions, incentives are offered to encourage prosecution under the provisions of these laws. So-called deadbeats may be denied access to certain government benefits as well.
History and Development
The notion of a "deadbeat" parent—traditionally a father who refuses to provide support for his child or children—is not a modern invention. The treatment of parents and children in ancient Rome provides interesting historical context for the issues surrounding abandonment, neglect, and abuse. Centuries later, it was the Catholic Church that addressed how to deal with fathers who slighted their paternal duties under canon law.
Specific secular legislation, however, was slow to arrive. The first American case concerning child neglect in the 1800s focused on the perceived need to provide a safe environment for children. In 1867, Illinois became the first state to enact a child-neglect statute.
By the early 20th century, child-welfare agencies developed, and most states enacted laws against the mistreatment of children. But there was little impetus to hold parents responsible for the behavioral issues of their offspring. Experiences during World War II and the postwar years highlighted the dangers of parental neglect, however, and provided the impetus for expanding child-welfare laws and creating new ones.
The 1950s and 1960s saw the first widespread enactment of child-neglect legislation, defining child neglect and establishing guidelines as to the scope of that definition. State lawmakers also worried about the safety and well-being of the children in such households, not just about the needs of the parents. The phrasing of the child-neglect law began to change from "parent or guardian" to "a person."
The next significant development was the establishment of juvenile courts in the mid-1960s. Parens patriae became a means of helping and protecting children who are deemed to be victims of abuse or neglect. Recognizing that speedy case resolution is essential to minimizing the trauma to abused children, juvenile courts soon adopted procedural and evidentiary rules that delegated significant discretion to judges.
In the late 1980s, concerns about the welfare of children, rights of children to live in stable homes, and inequities in the treatment of children in divorce proceedings resulted in the passage of even more legislation. In 1994, the Child Support Enforcement Act established a uniform child support schedule.
Yet, antiquated elements remain. For example, custodial parents are required in most states to immediately report a parent who fails to pay child support. Practically speaking, however, enforcement actions usually occur only after six months’ worth of back payments has accrued.
Execution of the Law of the Deadbeat Dad
Enforcement of Deadbeat Dad Laws is vital to ensuring children receive the support to which they are entitled. Deadbeat dads can be held in contempt of court for non-payment as well as being criminally prosecuted. Contempt is a civil remedy and does not require proof of criminal intent. The criminal laws addressing non-payment of child support all involve knowing violations of prior orders for support as well as a failure to provide adequate support.
The tensions between civil and criminal enforcement were at the heart of a case recently heard by the Pennsylvania Supreme Court. A Harrisburg man had been facing both civil contempt and criminal prosecution for non-payment of child support. Each time he failed to pay, the office of child support collections brought him back into civil court for sanctions, and prosecutors kept filing new, separate criminal charges, even though the petitioner always got their money. On the basis of double jeopardy, he claimed he could not be prosecuted after successfully fulfilling his obligations from contempt proceedings by subsequently making up missed payments. Every court but the Pennsylvania Supreme Court agreed that double jeopardy did not apply and on appeal, petitioner’s argument was rejected. In Pennsylvania, a criminal offense which arises from a failure to pay support is a third degree felony, punishable by up to seven years in prison and a $15,000 fine.
Deadbeat dads are also subject to other penalties, which vary by jurisdiction. Such penalties may include loss of driving privileges and occupational licenses, interception of state tax refunds or insurance payments, and seizure of lottery winnings, at least in certain jurisdictions. In Nevada, state officials have used administrative wage garnishments to deduct from the wages of state employees in arrears, in a system which allows for deduction without order of the court. Connecticut has a program to nab deadbeat dads when they travel to other jurisdictions, enabling law enforcement to notify local authorities that a deadbeat dad is present to enable arrest.
Multi-state initiatives have recently been unveiled to target mobile deadbeat dads who operate outside of the state where their family resides. For instance, the Massachusetts Child Support Enforcement Agency has unveiled a new initiative to investigate and apprehend deadbeat dads who fail to make their child support payments. The initiative focuses primarily on identifying men with significant child support debts who live outside of the state’s jurisdiction, but who travel to work in Massachusetts, such as in the construction industry and the hospitality industry. According to the Massachusetts state police, Massachusetts is owed more than $2 billion in child support, much of which remains unpaid because it is owed by individuals living out of state. Massachusetts officials have reached out to authorities in Vermont and New Hampshire for assistance in apprehending these deadbeat dads, and issued a call for the public to provide tips when they suspect that a deadbeat father may be working out of state but living beyond Massachusetts borders.
The Implications of Being a Deadbeat Dad
Unfortunately, with the ever growing divorce rate in the United States, more and more fathers are falling behind on their child support obligations. So what levers does Michigan Law have to bring these deadbeat dads back into line? Whether intentional or not, when a primary custodial parent (whom is generally the mother) is left to raise a minor child or children, each month that the non-custodial parent willfully fails to pay their portion of support to keep the child in the lifestyle which they are accustomed to, a snowball effect begins to take place.
First consequences of being defined by the courts as a ‘deadbeat dad’, is criminal prosecution (usually a felony charge). When a deadbeat dad is arrested for failure to comply with court-ordered child support payments, he will be charged with a felony if he owes $5,000 in back support payments or more, and owes it to one person. He will also be charged with a felony charge if he owes $61 a month or more and has not paid in two years or more of the support he is responsible for.
Once he is arrested, the authorities conduct an investigation into his financial affairs, and based on this information, he will either be jailed while awaiting trial or be released on a cash bond. If he fails to appear for his court date, the judge will issue a bench warrant for his arrest, and it will be up to the police to find him and make sure he goes to jail.
In addition to criminal charges, the courts can suspend a deadbeat dad’s driver’s license and/or professional license, such as a driver’s license, hunting license, passport, or real estate license. The suspension will remain until he has paid the money owed to the custodial parent.
If a father is more than ten percent behind on his child support payments, the MI Child Support Enforcement Office can seize his wages. If this occurs, his employer will be contractually obligated to garnish his wages and send them directly to the MI Child Support Enforcement Office. Once the Take-Home earnings are removed from the employee’s check, the employer must then issue a check each pay period directly to the MI Child Support Enforcement Office for the amount garnished. If employers fail to comply with these orders, they are held liable for the missed payments.
The MI Child Support Enforcement Office can also file a tax intercept, automatically withholding (if possible) any payments owed directly back to the MI Child Support Enforcement Office. However, the defendant must have filed Michigan tax returns in the past few years for the tax intercept to occur.
Any type of child support payment not made through the MI Child Support Enforcement Office is considered non-compliance with court-ordered child support payments. For example, checks sent by a deadbeat dad to the custodial parent via mail or in person are not considered legitimate payments and do not benefit the child in any way. Any amount of child support unpaid for more than 14 days can be redirected to the State of Michigan for collection. At this point, the MI Child Support Enforcement Office can do a number of things, including garnishing wages, including the money owed on the father’s credit report, seizing the father’s assets, suspending his license suspensions through the Help Eliminate Deadbeat Dads (HEDD) program, and intercepting the father’s tax return.
Deadbeat dads do have another option – if they are unable to comply with the court-ordered payments, they can request a modification, or a review of child support payments due. However, there must be a substantial change in circumstances in order to merit a reduction in support payments.
Helping Prevent Yourself from Becoming a Deadbeat Dad
Enforcement of child support orders has become more sophisticated in recent years. The process involves a series of notifications followed by the possibility of an arrest warrant and public shaming. Because that is the case, it is important to talk about what a parent can do to avoid becoming a "deadbeat dad."
First, it is critical to understand how child support payments are calculated. Payments during a divorce are calculated based on both parents’ income and reasonable for the needs based on the children’s ages. That is, as long as the income information provided to the court is accurate. Some of the most common ways deadbeat dads can make themselves targets for arrest involve not providing accurate income to the court so that there is an underreporting.
It is also important to remember that just because a parent is facing a difficult financial time , this does not mean that the parent can legally stop paying child support.
If payments become too difficult, it is essential to know that there are programs in place (and lawyers who can help get them started) to dramatically reduce the chances of bankruptcy and jail time. For example, the Child Support Enforcement Program (CSEP) was implemented to assist qualified parents with paying support. To qualify, you must:
Child support may be paid through the local office (PFL Child Support Office) or by mail to:
Although child support can be deducted directly from your paycheck, the State of California does not require employers to provide wage garnishments for your child support unless your support order is issued by a California court or you are enrolled in a California Direct Payment Program like the CSEP.
Rights of the Parent Who is Not Custodial
Custodial Parents have a number of rights under the law to make sure that they are receiving child support from the other parent. If payments have stopped, in full or in part, the spouse or former partner who is the primary parent (also known as the custodial parent), has numerous options.
The Custodial Parent Has Numerous Options Under the Law
The court has the discretion to order the non-custodial parent to find better or adjust employment, suspend their drivers’ license, social security benefits, or lottery winnings, garnish wages, seizure of federal tax refund or benefits, and more as well. The custodial parent also has the right to apply to the court for any other remedies. The custodial parent can apply to the sheriff’s office to issue a bench warrant against the other parent so he or she can be arrested for failure to pay child support. It can lead to civil contempt upon a finding by the court that the obligor parent has willfully violated the child support order in the following manner: intentionally failing to pay child support; repeatedly paying late or less than the ordered amount; repeatedly making short payments; repeated pattern of avoiding payment by using other means such as tax evasion; blatantly avoiding child support obligations. A civil judgment can also be rendered against the non-custodial parent after the obligor parent fails to make the child support payments in full to the custodial parent. The judgment is enforceable under pre-judgment remedies laid out in Chapter 31 of the General Statutes, earning interest starting at the judgment entry date. If a credit card is applied for by the custodial parent, the non-custodial parent may be held liable for any debts that are acquired. The credit card companies are required by law to do so if the custodial parent is awarded the account. Lastly, the court may, and often does, award the custodial parent attorney’s fees, disbursements, and costs in divorce actions.
The Impact on Children and Other Family Members
When an obligation for child support goes unpaid, the circumstances and prior behavior of the parent who was expected to pay (the "absent parent") is immediately looked at in determining whether a modification to the amount and/or duration of the support payments is necessary. Regardless of the reason, biological parents of a child are both legislatively and morally responsible for the well-being of their child(ren). If child support is not paid, the parent who was supposed to receive the money is often left with no other option but to push forward with a modification unless the absent parent voluntarily agrees to provide adequate support for the family. For some families, especially families who were deemed poor, the modification will affect the way they live their lives, and for some, it may even put them back into poverty.
Economic Strain
It is not so hard to imagine why unpaid child support has a negative impact. If one household has been expecting to receive $600.00 per month to cover costs for their child, but they only end up receiving $200.00 a month, then a $400.00 decrease in one month would impact that child. Of course the impacts would be further exaggerated in some cases. If a family is already struggling, then the $600.00 a month provided to the custodial parent, as expected, will impact their economic stability. This is because, on average, a custodial parent does need around 50% of their child’s living costs provided by the absent parent, depending on how much income that parent has. If a $400.00 shortfall occurs then the custodial parent will suddenly have a $400.00 deficit in meeting their child’s needs.
Families that are already impoverished often do not have any excess to cover shortfalls in income. If they do not have any excess income, then they might be forced to go on government assistance simply to make ends meet. A lack of child support will thus have a societal effect as more people will rely upon taxpayer dollars to cover the missing income. Additionally, if the custodial parent must quit their job, or significantly reduce their hours, in order to cover childcare costs, then the economy as a whole will be negatively impacted as less income will be provided into the tax pool from the custodial parent.
Child Support and Emotional Distress
An economic impact will not just be experienced by the custodial parent. Many families rely solely on the child support for their child’s needs. If child support is not paid as required, then the custodial parent might be depressed, or feel rejected, as they may feel that the absent parent does not care enough to pay what they committed to. This can cause no end of troubles for both the custodial parent and the child. Tragically, depressed custodial parents have been known to take drastic actions when they are unable to get child support. This can lead to years of social and legal hardship for the child. In most cases, no custodial parent wants to withhold child support payments, but if they have a family to look out for, then they may feel that this is their only option. Perhaps they even feel obligated to take such action, even if it makes them feel bad to do so.
If a custodial parent must cut back hours, quit a job, re-mortgage the house, or even pick up a domestic violence charge just to protect their child from the absent parent, then they will experience emotional hardships nearly continuously throughout their day. The good news is that understanding the impacts that a lack of child support can have on both a family and society will allow for custodial parents to be more aware of the benefits of child support. If parents are educated about the advantages and disadvantages of child support, then they might still be able to focus on other aspects of their life, rather than worrying about where their next dollars are going to come from.
Advice and Resources
In addition to seeking professional legal counsel to better understand your rights as a custodial and non-custodial parent, resources are also available through state-dedicated child support enforcement networks. Databases are available to search for non-custodial parents who have outstanding obligations. These services are only intended for custodial parents to locate parents who are only partially or not-at-all fulfilling their financial requirements. Though federally mandated services and tools are available online, each state provides its own guidance, regulations, tools and links to useful resources .
If you are a non-custodial parent facing arrest for deadbeat dad laws, it is crucial that you seek professional legal counsel immediately. There are a number of circumstances in which an arrest for non-payment may not be warranted. Conditions may include when there is a discrepancy over the amount of payment, the amount of time the non-custodial parent should be paying for support, whether the child is still considered a dependent, or if the custodial parent has financial means to fulfill obligations on their own.