# How to Un-F-Ck the Child Support System 101

- Link: https://thechildsupporthustle.com/how-to-un-f-ck-the-child-support-system-101/
- Published: 2024-05-06T14:23:34+00:00
- Author: MsRockMon

 

 

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Kenya N. Rahmaan

In a recently published article, captivatingly titled, \’How Mississippi is trying
to ‘unf-ck’ its child support program.\’ the author, Anna Wolfe, details problems
with the state\’s child support system. While an interesting topic and one that 
needs addressing, not only in Mississippi but nationally, a solution was not listed
within the article. The colorful word was used in a direct quote offered by State
Senator Hob Bryan of District 7. According to Wolfe (2020), Sen. Bryan went on the
record to say that \’the child support system in Mississippi is f-cked up, and nobody
knows how to un-f-ck it.\’ That is extremely disappointing coming from an elected
official tasked with, along with other duties, overseeing operations for one of 
the most important social programs affecting families headed by single heads of 
households.

 

 

Even though how parents are affected by the system was mentioned, the article focused
on computer infrastructure. According to Wolfe, the child support division had not
digitized all of its cases, so the processes to move them through the system could
not be automated. However, the system is problematic before cases are established
and reach the stage of being manually or automatically processed. That is one of
the contributing factors to the child support system being f-cked up in the first
place. There are numerous ways to un-f-ck the system, but here are a few to start
the process.

 

 

**One.**  **Stop forcing custodial parents to sue non-custodial parents (NCPs) for
child support when applying for public benefits.**

When the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA)
became law in 1996, a noteworthy change in the welfare program was that custodial
parents were required to sue the other parent in exchange for benefits.  [https://youtu.be/sE5EnetBlnk    ](https://thechildsupporthustle.com/how-to-un-f-ck-the-child-support-system-101/\"https://youtu.be/sE5EnetBlnk\")
As reported by Paula Robers of the Center for Law and Social Policy (CLASP) (2005),

 

> federal law requires that states impose a child support cooperation requirement
> on the responsible individual unless that person can establish \”good cause\” 
> refusing to cooperate, 42 USC § 65(29) Cooperation must be in “good faith” and
> includes 1) appearing at interviews, hearings and legal proceedings; and 2) submitting
> to genetic testing (for purposes of establishing paternity) when ordered by a 
> judge or administrative agency. 42 USC §§ 654(29)(B) &(C).
>  

If the other parent cannot afford to pay more than what the government provides 
through social net programs, they should not face scrutiny or punishment. That behavior
is equivalent to being penalized for being poor, which is not, nor should it ever
be a crime. By merely removing the child support cooperation mandate in all low-
income cases, the country would be well on its way to un-f-cking the child support
system.

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**Two. Repeal the Bradley Amendment.**

Arguably, enacting the Bradley Amendment is one of the worst legislation associated
with the modern-day child support system. EveryCRS.com (2000) explained that the
Bradley Amendment prohibits the retroactive state modification of child support 
arrearages. The amendment’s implementation came with a near guarantee that non-residential
parents, primarily low-income, would be indebted to either the custodial parent 
of the government for their lifetime. Under current law, no matter the circumstance,
a state cannot modify delinquent child support obligations (EveryCRSReport.com).
m [https://youtu.be/dv0KpADLlFY   ](https://thechildsupporthustle.com/how-to-un-f-ck-the-child-support-system-101/\"https://youtu.be/dv0KpADLlFY\")
It is unbelievable that legislators were unaware of how burdensome a law like this
would be on NCPs.

 

 

 

To put the potential damage that the Bradley Amendment can cause into perspective,
consider child support being ordered in the amount of $400 after a baby is two months
old. The NCP will be responsible for the current month of support and the retroactive
month totaling $800. This amount could be sustainable, considering that the parent
is working and can afford the order amount. Now, take, for instance, a father who
is unaware that he is a father or has been sued for child support until a decade
after a judge entered the child support order as a default judgment. Some will say
that this does not happen very often. However, this occurs more often than people
would like to acknowledge.

 

 

Once he is finally made aware of the child and the order, he also informed that 
the child support debt has accumulated to an astounding $48,000 over that decade.
When including interest that most states charge on late child support payments, 
12% in Colorado, Kentucky, and Washington, the father is instantaneously indebted
for nearly $54,000 almost overnight. The Bradley Amendment prohibits that debt from
being erased, even given the circumstances. If the custodial parent received public
benefits, she must sign her rights to any child support collected over to the state,
making the debt state-owed. As of FY2019, state-owed arrears totaled just over $
23 billion.

 

 

Repealing this amendment will put an end to parents entering the child support system
in deep debt. In turn, parents face severe punishment associated with owing child
support debt. For instance, license suspensions and passport revocation would essentially
stop, increasing job opportunities both in America and overseas. Secondly, credit
scores drastically lowered due to child support arrears, which hinder parents from
obtaining basic living needs such as housing, employment, and transportation, would
be restored. Erasing all state-owed debt accumulated due to the Bradley Amendment
will ensure that parents have money better spent on their children. For all of these
reasons, repealing the Bradley Amendment is a must if the child support system is
to be un-f-cked.

 

 

**Three. Make Shared-Parenting Automatic in All Child Support Cases.**

Thousands of studies and reports explain how beneficial the relationship between
both parents is to children. Every year since welfare and child support were ‘reformed,’
the federal government has paid every state a $10 million grant to operate the Access
and Visitation (AV) program. According to the OCSE (2020), States are permitted 
to use grant funds to develop programs and provide services such as:

 

 

 * mediation
 * development of parenting plans
 * education
 * counseling
 * visitation enforcement (including monitored and supervised visitation and neutral
   drop-off and pick-up) and the development of guidelines and alternative custody
   arrangements.

 

The importance of shared parenting is proven by over two decades of federal government
financing, and it should be improved by merging child support and shared parenting.
These two issues are traditionally separate and should be married to better the 
overall well-being of children.  Under the Obama Administration, there was a proposal
that child support staff simultaneously address visitation and child support issues.
[https://youtu.be/W_-Mirec17M ](https://thechildsupporthustle.com/how-to-un-f-ck-the-child-support-system-101/\"https://youtu.be/W_-Mirec17M\")
Susan Jones (2013) reported that buried deep in President Obama’s FY 2014 budget
was a new mandate requiring states to include parental visitation arrangements in
child support, the same way custody arrangements are settled in divorce cases. The
order would be effective in FY 2019.

 

 

The mandate was a win-win for both NCPs and their children. According to Jones, 
fathers are more likely to meet their financial obligations when they are engaged
in their children\’s lives. Sadly, the win was short-lived. The state mandate has
been returned to voluntary under President Trump’s Administration, effective FY 
2020.  By reinstating this mandate, the benefits can be insurmountable.  If the 
time spent with the child is shared equally between parents from the first day, 
the financial obligation will rest solely on the parent who has their child at any
point in time.  Household expenses and other costs associated with being an adult
and maintaining a home would be the responsibility of the individual parent.

 

 

In other words, 50/50 shared parenting = $0 in monthly child support payments. When
additional costs occur, such as medical needs, extracurricular activities, etc.,
they should be split evenly between both parents. Both parents are equal and should
be treated equally when raising and caring for their children. One should not be
mandated to finance the other’s lifestyle simply because they have a child together.
Likewise, one parent should not have total control over when the other sees, spends
time with, talks to, and parents their child. As with all domestic court guidelines
and laws, this rule would not apply in proven cases of abuse or violence. Requiring
shared parenting with zero child support is a perfect way to un-f-ck the child support
system.

 

 

Yes, the child support system in Mississippi and around the United States is f-cked
up. Parents are aware of this serious issue, but the legislators are also mindful
of the problems. Instead of pretending that the case has to do with a non-functioning
computer system or the program being understaffed and underfunded, we have to examine
the root of the problems. That is the child support system in its entirety. From
the start of establishing child support to the termination of a child support case
where there are arrears owed, the system is f-cked by design. And it can be un-f-
cked. It’s time to do just that.

 

 

References:

<

p id=\”a0\”>Arthur, J. (2018, July 31). _Do parents who owe the most child support
debt have reported income?_ Office of Child Support Enforcement. Retrieved January
5, 2021, from [https://www.acf.hhs.gov/css/ocsedatablog/2018/07/do-parents-who-owe-most-child-support-debt-have-reported-income](https://thechildsupporthustle.com/how-to-un-f-ck-the-child-support-system-101/\"https://www.acf.hhs.gov/css/ocsedatablog/2018/07/do-parents-who-owe-most-child-support-debt-have-reported-income\")

_The Bradley Amendment: Prohibition against retroactive modification of child support
arrearages_. (2000, July 27). Every CRS Report – EveryCRSReport.com. [https://www.everycrsreport.com/reports/RS20642.html](https://thechildsupporthustle.com/how-to-un-f-ck-the-child-support-system-101/\"https://www.everycrsreport.com/reports/RS20642.html\")

Office of Child Support Enforcement. (n.d.). _Access and visitation (AV)_. Retrieved
January 5, 2021, from [https://www.acf.hhs.gov/css/grants/current-grants/access-and-visitation-mandatory-grants](https://thechildsupporthustle.com/how-to-un-f-ck-the-child-support-system-101/\"https://www.acf.hhs.gov/css/grants/current-grants/access-and-visitation-mandatory-grants\")

Roberts, P. (2005, November). _Child support cooperation requirements and public
benefits programs: An overview of issues and recommendations for change_. CLASP 
| The Center for Law and Social Policy. [https://www.clasp.org/sites/default/files/public/resources-and-publications/files/0252.pdf](https://thechildsupporthustle.com/how-to-un-f-ck-the-child-support-system-101/\"https://www.clasp.org/sites/default/files/public/resources-and-publications/files/0252.pdf\")

<

p id=\”a4\”>Wolfe, A. (2020, December 28). _How Mississippi is trying to \’unf-CK\’
its child support program_. Mississippi Today. [https://mississippitoday.org/2020/12/28/how-mississippi-is-trying-to-unf-ck-its-child-support-program/](https://thechildsupporthustle.com/how-to-un-f-ck-the-child-support-system-101/\"https://mississippitoday.org/2020/12/28/how-mississippi-is-trying-to-unf-ck-its-child-support-program/\")