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Help Reform the Child Support System

Published September 27, 2008
Topic: Child Support

The Daily Standard, Celina, OH

scan of published letter

I can give you two very accurate reasons why no one showed up the the July 30th, Child Support feedback meeting, as reported in the September 4th article, "It's time to speak out - Ohio Child support system looking for feedback."

Simply put, people didn't know about it. If CSEA was serious about attendance they would have mailed notices to all persons who pay and recieve child support. I know people who recieve child support that are upset with how CSEA treats their children's other parent.

CSEA charges a handling fee every week on every payment for every child. That is a great deal of money, and I think one weeks worth of handling fees would easily cover the cost, including mailing a summary of the report when it is completed.

Second, why would you give your opinion to people who ignore it? I attended the last local "feedback" meeting, 4 years ago. It was a joke. This state is not concerned with any opinions that do not promote more and larger child support payments. Nor will they consider any suggestion that would loosen their totalitarian choke-hold on people who owe money, no matter how reasonable, scientific, or plain common sense the idea.

This year I'll make my suggestions publicly so they cannot be brushed under a rug. Given my recent experience in the Ohio Supreme Court, my suggestions are much more legalistic.

Both our state and federal constitutions guarantee all persons the right to due process of law. This includes the right to a jury of your peers. We do this because we are a democracy, and we are ruled by the people.
However if you ever have the unfortunate luck of joining a class of people called "non-custodial parents" you will soon discover that these protections do not apply to you.

My Suggestions:

1. Obey the Constitution.
Every parent has a constitutional right to a jury trial before being deprived of private property. This will require a finding that the person has abandoned their child. Then it will require proof of harm caused to the child, only then may restitution be legally awarded.
Ohio law dictates that child support debtors are prohibited from a jury trial, in direct conflict with the Ohio and US Constitution.
In the majority of cases, the state terminates the parent-child relationship against the parents will without finding them unfit to parent. The state assume that all non-custodial parents will not support their children. So they justify a presumption of guilt and preemptively award restitution for the damages the parent may cause. This is called a pre-crime, and it has no place in a democracy.

2. Stop the extortion.
Oxford English dictionary defines extortion as, obtaining money through force or threats. Taking away someone's ability to hold a job by suspending their driver's license, serves no other purpose than to threaten, often the means of maintaining employment and livelihood. CSEA calls this an enforcement incentive. How different is this than a gang providing you the incentive of not trashing your store if you pay a protection fee?

3. Stop debtor's prison.
When you can't pay, you go to jail. Could be you can't pay because you can't drive, and now you can't pay because your in jail. The taxpayer get the jail bill, and if the inmate is given the bill, how is that helping to get the child support caught up.

4. Stop silencing dissenters.
A person who receives a felony conviction for not paying child support is not allowed to vote! Also felony records do wonders for job placement, which doesn't serve to help the child either.

Since Child Support is awarded in an unconstitutional manner and enforced by threats and intimidation, one might conclude that it is illegal or at least unjust. Even murders and rapists have the right to a trial by their peers.

We justify this in the public conscience by villainising the "deadbeat dad," the 5% of fathers who are behind in child support. Ironically, non-custodial mothers have a much higher percentage of deadbeats, but that just doesn't fit the stereotype, and is mostly ignored. So we deprive 95% of non-custodial parents constitution rights so that we can more easily punish the rest. Anyone have a problem with this?

What you may not realize is that you have no protection against this Enforcement Agency. Marriage is no protection anymore. Divorce is a rampant viral infection in our society and the courts needs no evidence to strip away a parent's rights. Father's who have children out of wedlock are non-custodians by default.

The people you spit on as deadbeats may be good people caught in a bad system. Think on it, and do something about it. It is certain that CSEA won't restrain itself, judges are not permitted to change the law, and our legislators have been mostly neutralized by special interests who benefit from the current system.

It is up to us now.