THE DEADBEAT PARENTS PUNISHMENT ACT WAS PASSED IN 1998
LOVE & HIP HOP ATLANTA STEVIE “J”
A lot of conjecture and speculation seems to be stirring about on the streets of Atlanta about Stevie “J” of the TV Reality show Love & HIP HOP of Atlanta and it’s my J-O-B to make sense of the non-sense. That’s right this is your man, the one and only Maestro dropping a little science on the subject. Now most of you may be wondering, what the hell is going on with my man Stevie “J” and believe it or not I’ve been wondering the same thing. All this talk on the show about Stevie “J” owing the feds and little snippets about child support being in the arrears. So the question from one of my followers was: “Can the feds indict you for owing back child support?” Well as crazy as it may sound, ABSOLUTELY! Don’ worry I’ll provide you with the statutes a little later but right now I want to give my take on the subject before, I get down to business.
LOVE & HIP HOP VERY OWN STEVIE “J” FACING INDICT FROM THE FEDERAL GOVERNMENT
So here is my take, and I’m the absolute last person in the world to point the finger and judge. But, if you are making money and have children then it seems like you’re priorities should dictate the obvious. Now what a man endures and faces behind the scene only him, is maker and his baby mama knows. And you can best believe if his baby mama knows, it’s just a matter of time before a judge makes an appearance. Having said that, I’ve got one thing to say to the good brother, “If you’re going to be flexing about making a lot of money, make sure you’re current with any child support obligations”. Especially, if you’re on a television reality show. First of all,
Extensive database and registry systems track parents who owe child support. Information is shared among states and between the states and the federal government. For example:
- Employers must report all new hires to their state’s child support enforcement agency. The agency forwards this information to the National Directory of New Hires, a centralized registry that matches employee names with the names of parents who owe child support. The National Directory sets up income-withholding orders for delinquent parents.
- States must ask for the Social Security numbers of both parents when a child is born and must pass those numbers on to the state agency that enforces child support.
- Judges sometimes order noncustodial parents to pay child support to the state child support enforcement agency, which in turn pays the custodial parent. This method is often used when the noncustodial parent is without regular income (perhaps self-employed) or when parents agree to waive the automatic wage withholding.
So the question remains; Can the federal government indict you for being delinquent in child support?
Why are the states and the federal government using criminal penalties for delinquent child support obligatory? Both state and federal laws targeting parents who willfully fail to pay child support to be criminally prosecuted are gaining support in the legislatures, the courts, and the public. Child support experts and policymakers are differentiating between those who “can’t pay” and those who “won’t pay.” Nationwide, the states are developing and using more aggressive enforcement mechanisms to pursue those who simply refuse to pay. State and federal prosecutors target parents who purposely hide assets, avoid employment or otherwise shirk their responsibilities. States such as Kentucky, Ohio and Virginia, have conducted high profile trials and “sting” operations to locate and prosecute parents with large child support debts – in some cases there is several hundreds of thousands of dollars at stake. Federal agencies involved are the Inspector General’s Office and Office of the Child Support Enforcement of the U.S. Department of Health and Human Services, along with the U.S. Department of Justice, created Project Save our Children (PSOC) to create a comprehensive health and human services and criminal justice response to this issue. Most of the parents arrested and prosecuted by PSOC are wealthy individuals with substantial assets. Many think that child support is a matter of civil law (family law) and not criminal. It’s true that the child support guidelines and enforcement mechanisms are civil in nature, but failure to pay child support may result in criminal sanctions in three situations:
- Prosecution under a state statute. In California, Penal Code Section 270 states in part, “If a parent of a minor child willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter or medical attendance, or other remedial care for his or her child, he or she is guilty of misdemeanor punishable by a fine not exceeding $2,000, 1 year county jail, or both.”
- Prosecution under federal law. The Deadbeat Parents Punishment Act was passed in 1998 and signed by President Bill Clinton and made it a federal crime to cross state lines in order to avoid child support payments. If a parent who failed to pay child support a minimum of $5,000 for a period of at least 1 year or if the parent owes at least $10,000, the parent may be charged with a felony and, if convicted, may be sentenced to up to 2 years in state prison.
- Because child support orders are official court orders, a parent disobeying the order risks contempt of court.
What if the parent doesn’t have the resources to pay the child support? The inability to pay defense must be raised by the obligor. Additionally, instead of letting your arrears increase, a motion for downward modification based on change of circumstances must be immediately filed. Both the federal and state must prove that whether or not a parent has the financial ability to comply with the child support order is critical in their prosecutions. In other words, in order to obtain a conviction, a prosecutor has to prove that the parent has the resources to pay child support and simply chose not to do so. Before you face prosecution, parents who truly lack the ability to pay child support should consult an attorney to see what options are available besides a modification. Many states offer parents who cannot meet their obligations the opportunity to negotiate a payment or substantially decrease their debt.
So there you have it, lock stock and two smoking barrels! This is another report from your man Maestro, and I’m out-ta here.
STREET JUSTICE 