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Originally Posted by JPC, Sr.  Child support can not be based on a per child basis, the percentage rate must not go over 25% of take home pay per the Federal Consumer Credit Protection Act (not the c/s garnishment link given before here). Taking the 26 -65 percentage is justification for violent rebellion - IMO.
We can not say $25. per child anymore then saying 25% per child because the parent only has a limited sourse of income so the amount has to be based on the separated parent's ability to pay and not per child. If the parent makes nothing then a percentage of nothing is nothing but if the parent makes more then the percentage creates more child support being paid. The hard set fixed amounts criple the paying parents.
When the law demands more money then the parent's ability to pay then we get deadbroke parents filling up the jails which we have now.  |
It's been a while since I deducted child support from an employee's check but the way it use to work would protect the parent somewhat.
Support Enforcement contacts the employer to verify the wages and hours a person makes. Then they issue an order to pay support. The paycheck is never allowed to go below minimum wage. Therefore... your argument that deadbroke parents are jailed for failure to pay is not really an argument....
If a person can only find employment at minimum wage then they should petition the court for a hearing on the amount. There is also some consideration given to those who only make a little over minimum wage.
The biggest problem with Support Enforcement is that people don't really understand the legal aspects and they can't afford lawyers that can explain it to them.
If I were going to change the system... I would ask for a reader friendly brochure that explains the rights of both sides of the question. That way non-custodial parents would have protection... and because the system works smoother and the custodial parent is well informed... they will recieve the support they need.
People seem to work together better when they understand the process....
The goal, however, always has to be the best interests of the children.