# Will Child Support Payments Stop Due To the CoronaVirus

- Link: https://thechildsupporthustle.com/will-child-support-payments-stop-due-to-the-coronavirus/
- Published: 2024-05-06T14:23:34+00:00
- Author: MsRockMon

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March 20, 2020

Kenya N. Rahmaan

The CoronaVirus pandemic has left people worldwide and in the US unable to work 
and, therefore, unable to pay their bills.  There have been several proposals by
the US government and private companies in an attempt to assist citizens with monthly
bills, as well as foreseeable debt, as we are asked (or ordered, based on who you
ask) to self-quarantine.

To help during this financial crisis, several leasing offices are offering rent-
free occupancy for the next few months to their tenants.  According to Nathan Bomey(
2020), many utilities, telecommunications companies, and automakers are easing shutoffs
and waiving late fees to accommodate consumers who might be struggling during the
Coronavirus pandemic.  Every attempt made by these companies will undoubtedly ease
future financial burdens on people if and when we begin to recover from this pandemic.

The Federal government is taking the idea of economic relief a step further in proposing
actual cash being distributed to Americans to assist with the economic downturn.
Based on an article by Josh Laderman and Daren Gregoria of NBC News (2020), the 
Treasury Department will ask Congress for $500 billion in direct payouts for taxpayers
as part of a $1 trillion stimulus package.   If approved, the money will be sent
to any taxpayer meeting the predetermined criteria, including family size.  The 
indication that family size is a pre-qualifier may mean that non-custodial parents
will be excused from receiving the stimulus payment if a.) they do not have dependents
living in their household, b.) they cannot claim their children as dependents on
their income taxes or, c.) they have an open child support order in which they are
named as the obligor.

Because owing child support arrears can mean an automatic tax offset when non-custodial
parents allegedly owe child support debt, any money sent through the stimulus program
will likely be seized and applied to child support arrears.  Depending on whether
the child support arrears are owed to the custodial parent or the government determines
who receives the child support payment.   With so much at stake, surprisingly, no
agency within the Federal government has addressed the possible postponement or 
cancellation of child support payments.   At the same time, the country is preparing
for the outcome of the CoronaVirus pandemic.  Meanwhile, late fees and interest 
rates on delinquent child support payments (as high as 10% in some states) will 
continue to be charged.  Local courts and child support agencies have been responding
to the postponement of court hearings or holding virtual child support appointments
to avoid personal contact.

Smith County, Texas officials, have taken an extra step concerning a couple of non-
custodial parents and other non-violent ‘offenders’ who were being detained behind
bars.  This was after a resident and advocate, Dalila Reynoso, complained about 
citizens being jailed for non-violent misdemeanor cases.  According to Payton Weidman(
2020), Reynoso says after the meeting, she spoke with Sheriff Larry Smith about 
her request, and he told her the people waiting for the pre-trial misdemeanor hearings
would be let go, as well as the child support cases.  While other counties within
Texas and jurisdictions around the country remain silent about possible remedies
during this pandemic, the release of these two lone parents offers little hope to
those who are all too familiar with the punishments that are inflicted by child 
support agencies when payments are not made on time and in full.

Currently, no guidelines specify time limits on when a requested modification must
be reviewed and decided by a child support official.  In the meantime, the non-custodial
parent is still expected to make the total payments on time or face enforcement 
measures.  There is a lack of accountability that should be in place to assist in
maintaining time frames of modification filings so that officials might determine
an appropriate amount of time a parent should expect to wait before a decision is
made.  This leaves tens of thousands of parents indefinitely waiting while monthly
child support payments continue to become due and arrears steadily accumulate.

Secondly, there is no guarantee that the modification will be approved.  In some
situations, the state relies on the custodial parent to decide on whether the child
support amount should be decreased based on a change in circumstance.

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According to the Texas Attorney General, parents must agree on the newly calculated
child support amount and address any other payment changes.  The case will be sent
to court if the custodial parent disagrees.  Considering the country may soon be
on a mandated quarantine, a modification hearing may not be heard in front of a 
judge for an undetermined amount of time.  Because of this significant fact, the
non-custodial parent can expect to face punishments, especially in Texas, where 
child support arrest roundups are regularly conducted when parents are ruled in 
contempt of court for allegedly failing to make on-time and in-full child support
payments.

Another problem is that the modification may be denied.  Modifications, as the name
suggests, should apply to changes made to the child support order because changes
were made to the financial status used to determine the initial child support payment
amount.  Unfortunately, child support caseworkers and judges across the country 
do not consider this the only criterion when deciding whether to grant a downward
modification.  The Federal Office of Child Support Enforcement (OCSE) (2017) set
a precedent when it stated that,

> if you’ve lost your job, your order will probably be decreased, but it depends
> on your overall income and some other factors.  The court or administrative officer
> makes the final decision.

Those other factors may include previous incomes, possible incomes based on location
and educational background, and overtime or commission pay.  Any biases that a parent
may face based on any prejudices against non-residential parents as they navigate
through the family court system can and will be used against them in determining
approval or denial of a modification request.  If any of these factors are considered,
based on the approver, the modification can and will be denied.  The back child 
support debt will be charged retroactively, which means that child support debt,
or arrears, will accrue.  Arrears cannot be waived or erased despite the reasons
and proof of difficulties provided by the non-residential parent.  This is thanks
to The Bradley Amendment.

The Bradley Amendment is a 1986 amendment to Title IV of the Social Security Act,
which prohibits the retroactive modification of child support arrearages. (Douglas
Reid Weimer).  In the past, there have been cases of officials denying a father 
in a coma and one who had been a prisoner of war when they requested debt forgiveness
from child support arrears,  [https://youtu.be/dv0KpADLlFY](https://thechildsupporthustle.com/will-child-support-payments-stop-due-to-the-coronavirus/\"https://youtu.be/dv0KpADLlFY\")
[.](https://thechildsupporthustle.com/will-child-support-payments-stop-due-to-the-coronavirus/\"https://youtu.be/dv0KpADLlFY\")
While many advocates have demanded the amendment\’s repeal based on these instances
and more, the potential financial damage of the CoronaVirus is yet another reason
why The Bradley Amendment should be immediately repealed.  Non-residential parents
should not have to rely on the discretion and approval of custodial parents, who
may have spiteful intentions to say whether a modification should be granted.  Just
as importantly, they shouldn’t have to rely on government officials who have financial
motives to determine whether they are granted relief from a lifetime of financial
debt and or ruin.

It should be mentioned that California has released information concerning some 
solace for non-custodial parents during this attempt to financially sustain the 
economy.   Based on the California Child Support Services COVID-19 updates, effective
March 17, 2020, automatic actions for Bank Levy and Driver’s License suspensions
have been shut down.   Although the state has failed to list a halt suspension mandate
for all business, occupational, professional, recreational, or notary public licenses,
many non-custodial Californians can rest a little easier knowing that some of their
essentials are protected during the mass shutdown.  Of course, since the other licenses
are mostly related to generating revenue, California officials should release an
amended statement to include all licenses from being suspended during this difficult
time to ensure that business owners retain their licenses during this financial 
crisis.

As the country and the world braces itself to combat and then, hopefully, recover
from the CoronaVirus pandemic, government officials in the United States and around
the world must consider how best to handle all child support situations.   This 
crisis is bringing light to many problems that plague the current child support 
system.  It is extremely difficult for parents, especially those with low or no 
income, to be required to pay a specific amount of money each month for a child 
or suffer severe punishments.  Especially when that amount is unfairly decided by
the government and when it is not required to be paid by both parents equally.

As with any crisis, this pandemic has the potential to offer a learning opportunity
for the United States.  Not only to the unconstitutionality of the child support
system but to just how dangerous and irresponsible it is to limit and, in many cases,
eliminate much-needed social programs for our most vulnerable citizens.  It is important
to note that according to the OCSE (2018), the majority (60%) of debtors with more
than $100,000 in arrears had no reported income in the National Directory of New
Hires (NDNH).  Likewise, since the child support system is a welfare recovery program(
[https://youtu.be/sE5EnetBlnk](https://thechildsupporthustle.com/will-child-support-payments-stop-due-to-the-coronavirus/\"https://youtu.be/sE5EnetBlnk\")),
custodial parents who are still permitted to receive the limited public benefits
must assign all child support received over to the state.

This is clearly detrimental to citizens, especially the children whom the child 
support system is supposed to protect.  During this trying time, parents and citizens
alike should take this time to contact our government officials and ask what they
plan to do about the child support payments that will soon be due from parents who
have zero income and the debt that will quickly accumulate because of the quarantine.
And while we are asking, we need to demand answers to how these officials plan to
reform the child support and family court systems after the CoronaVirus pandemic
recovery process begins and low/no income non-custodial parents are still required
to make unreasonable child support payments.  We need answers and a new beginning.

References:

Arthus, J. (2018, July 31).  _Do parents who owe the most child support debt have
reported income?  _Office of Child Support Enforcement | ACF.  [https://www.acf.hhs.gov/css/ocsedatablog/2018/07/do-parents-who-owe-the-most-child-support-debt-have-reported-income](https://thechildsupporthustle.com/will-child-support-payments-stop-due-to-the-coronavirus/\"https://www.acf.hhs.gov/css/ocsedatablog/2018/07/do-parents-who-owe-the-most-child-support-debt-have-reported-income\")

Bomey, N. (2020, March 16).  _How utility, phone, and internet companies are giving
consumers a break during the coronavirus pandemic_.  USA TODAY. [https://www.usatoday.com/story/money/2020/03/16/utility-cable-internet-phone-coronavirus-covid-19/5060084002/](https://thechildsupporthustle.com/will-child-support-payments-stop-due-to-the-coronavirus/\"https://www.usatoday.com/story/money/2020/03/16/utility-cable-internet-phone-coronavirus-covid-19/5060084002/\")

Lederman, J., & Gregorian, D. (2020, March 18). _Americans would get two checks 
under the Treasury Department proposal_.  NBC News.  [https://www.nbcnews.com/politics/congress/americans-would-get-two-checks-under-treasury-department-proposal-n1163016](https://thechildsupporthustle.com/will-child-support-payments-stop-due-to-the-coronavirus/\"https://www.nbcnews.com/politics/congress/americans-would-get-two-checks-under-treasury-department-proposal-n1163016\")

Office of Attorney General of Texas.  (n.d.).  _Support modification process_.  
Liberty and justice for Texas | Office of the Attorney General. 

Office of Child Support Enforcement.  (2017).  _Changing a child support order_.

State of California.  (2020, March 17).  _COVID-19 Updates_.  CA Child Support Services.

Weidman, P. (2020, March 18). _Smith County takes steps to prevent COVID-19 from
going through the judicial process_.  KYTX.  [https://www.cbs19.tv/article/news/smith-county-takes-steps-to-prevent-covid-19-from-going-through-the-judicial-process/501-ccebeb4e-581f-4050-80c2-a922b23815ef](https://thechildsupporthustle.com/will-child-support-payments-stop-due-to-the-coronavirus/\"https://www.cbs19.tv/article/news/smith-county-takes-steps-to-prevent-covid-19-from-going-through-the-judicial-process/501-ccebeb4e-581f-4050-80c2-a922b23815ef\")

Weimer, D. R. (n.d.). _The Bradley amendment: Prohibition against retroactive modification
of child support arrears_.  Congressional Research Reports.  [https://congressionalresearch.com/RS20642/document.php?study=THE+BRADLEY+AMENDMENT+PROHIBITION+AGAINST+RETROACTIVE+MODIFICATION+OF+CHILD+SUPPORT+ARREARAGES](https://thechildsupporthustle.com/will-child-support-payments-stop-due-to-the-coronavirus/\"https://congressionalresearch.com/RS20642/document.php?study=THE+BRADLEY+AMENDMENT+PROHIBITION+AGAINST+RETROACTIVE+MODIFICATION+OF+CHILD+SUPPORT+ARREARAGES\")
