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Deadbeat parent

From Wikipedia, the free encyclopedia
Pejorative term

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The examples and perspective in this articledeal primarily with the United States and do not represent aworldwide view of the subject. You mayimprove this article, discuss the issue on thetalk page, orcreate a new article, as appropriate.(January 2014) (Learn how and when to remove this message)

Deadbeat parent is a pejorative term[1] referring toparents who do not fulfill their parental responsibilities, especially when they evade court-orderedchild support obligations or custody arrangements. They are also referred to asabsentee fathers and mothers. The gender-specificdeadbeat father anddeadbeat mother are commonly used to refer to people who have parented a child and intentionally fail to paychild support ordered by afamily law court orstatutory agency such as theChild Maintenance Service.

Child support arrears

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According to theUnited States Census Bureau, 42% of custodial mothers (as "obligees") received all child support that they were owed and 70.5% received some in 2009. Additionally, 34.1% of custodial fathers (as "obligees") received all child support that they were owed and 72.9% received some.[2]

Child support assessments are made based on a variety of formulae, and vary from state to state in the United States. According to one study 38% of Illinois "obligor" parents not paying child-support said they lacked the money to pay; 23% used non-payment to protest a lack of visitation rights; and 69% complained of no accountability over the spending of their child support money, while 13% said they did not want their child or children and 12% denied parentage, (seepaternity fraud).

According to a California study, 76% of the $14.4 billion in child support arrears in California has been attributed to "obligors" who lack the ability to pay (see Figure 1, pp. 5-4). In California, the "deadbeat" parents had a median annual income of $6349, arrears of $9447, ongoing support of $300 per month. One reason given for this was that 71% of the orders were set by default—meaning that person who supposedly owes support was not personally served with a notice to appear before the court or administrative agency. A notice is sent to the last known address, which may have changed.[3]

Alternative terms for deadbeat parents who lack the ability to pay are "deadbroke"[4][5] and "turnip" (as in "you can't get blood out of a turnip").[6]

Child support enforcement in the United States

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Legislation

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Main article:Bradley Amendment

The U.S. law known as theBradley Amendment was passed in 1986 to automatically trigger a non-expiringlien whenever child support becomes overdue.

  • The law overrides any state'sstatute of limitations.
  • The law disallows any judicial discretion, even frombankruptcy judges.
  • The law requires that the payment amounts be maintained without regard for the physical capability of the person owing child support to promptly notify the authorities of changes in their circumstances, or their awareness of the need to make the notification.

The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, 42 U.S.C. 653a, established in 1997 aNew Hire Registry in which all employers in the United States, private or public, State and Federal, must report all newly hired employees within 20 days or less depending on how they report. The report includes name, address and Social Security number of each new employee. States are required to match reports of newly hired employees against social security numbers of persons having outstanding child support orders, and to issue an order to the employer to withhold and forward unpaid child support payments.

ManyU.S. states have passed laws that allows theDepartment of Public Safety in the state to use its information to find the non-compliant parent and call them to account for their actions.

There are now many collections-oriented sites on the Internet that mention or highlight deadbeat parents, some even showing mug shots and marking the photos as "found" in the style of theFBI's "most wanted" list.[7][8]

Action taken against defaulting parents

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In the United States, persons in arrears for child support paymentsare potentially subject to incarceration. Other penalties for child-support non-payment also exist. Many U.S. states suspend an individual's licenses (i.e.driver's license,business license,contractor license) if that individual has significantarrearage in support payments or does not consistently pay support. This authority does not extend to professionals who receive licensure through non-governmental agencies. In 2000, the state ofTennessee revoked the driver's licenses of 1,372 people who collectively owed more than $13 millionUSD in child support.[9] InTexasnon-custodial parents behind more than threemonths in child-support payments can havecourt-ordered payments deducted from their wages, can have federalincome tax refund checks,lottery winnings, or other money that may be due from state or federal sources intercepted by child support enforcement agencies, can have licenses (includinghunting and fishing licenses) suspended, and a judge may sentence a nonpaying parent to jail and enter a judgment for past due child support.[10] However, on 4 September 1998, theSupreme Court of Alaska upheld a law allowing state agencies to revoke driver's licenses of parents seriously delinquent in child support obligations.[11] And in the case ofUnited States of America v. Rosen, U.S. Court of Appeals (2nd Cir., 1996), the court upheld theconstitutionality of a law allowing federal fines and up to two years imprisonment for a person willfully failing to pay more than $5,000 in child support over a year or more when said child resides in a different state from that of the non-custodial parent.[citation needed]

Socially, deadbeat parents risk motivating their children to violatefilial responsibility laws when they are grown.[citation needed]

See also

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References

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  1. ^"De-racializing "Deadbeat Dads:" Paternal Involvement in MTV's Teen Mom Samuel Jay / University of Denver – Flow".flowtv.org. 24 September 2010.
  2. ^"Custodial Mothers and Fathers and Their Child Support: 2009"(PDF). United States Census Bureau. Retrieved25 March 2014.
  3. ^Dr. Sorensen, Elaine; Dr. Heather Koball; Kate Pomper; Chava Zibman (March 2003)."Examining Child Support Arrears in California: The Collectibility Study"(PDF). California Department of Child Support Services. Archived fromthe original(PDF) on 4 June 2015. Retrieved25 March 2014.
  4. ^"Deadbroke dads".Sacramento News & Review. 11 October 2007. Retrieved25 March 2014.
  5. ^Sperling, Gene.The Pro-Growth Progressive: An Economic Strategy for Shared Prosperity, p. 158 (Simon and Schuster, 2005),ISBN 978-0-7432-9241-2
  6. ^Totenberg, Nina (23 March 2011)."Supreme Court Weighs Rights Of 'Deadbeat' Parents".Morning Edition.NPR. Retrieved25 March 2014.
  7. ^"Dodge County advises that these parents are being sought for not paying child support". Archived fromthe original on 9 May 2013.
  8. ^Indiana Department of Child Services."MOST WANTED CHILD SUPPORT EVADERS".
  9. ^"Child_sup_revoke".www.state.tn.us. Archived fromthe original on 24 September 2005.
  10. ^"Texas Attorney General".www.oag.state.tx.us. Archived fromthe original on 1 September 2005.
  11. ^National Conference of State Legislatures."404".webarchive.loc.gov. Archived fromthe original on 10 August 2009.{{cite web}}:Cite uses generic title (help)

Further reading

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  • Shackelford, T. K., Weekes-Shackelford, V. A., & Schmitt, D. P. (2005). "An evolutionary perspective on why men refuse or reduce their child support payments".Basic and Applied Social Psychology, 27, 297–306.Full text
  • Warsak, Richard A. (1992).Custody Revolution: Father Custody and the Motherhood Mystique. Simon & Schuster.
  • Bender, William N. and Renet L. Bender,The Deadbeat Dad Myth: Strategies and Research in Defense of Men in Divorce.The University of Georgia, Institute of Government.
  • Braver, Sanford L., and O'Connell (1998).Divorced Dads: Shattering the Myths. Penguin Putnam Inc., New York.
  • Baskerville, Stephen (2007).Taken into Custody, The War against Fathers, Marriage, and the Family. Cumberland House, Tennessee.
  • Census bureau statistics and imprisonment for debt information is provided by theChildren's Rights Council, Lanham, MD 20740/

External links

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