Kimberly Seals Allers writes in the New York Times about “redefining what child support really is, for our family .” She recently petitioned the Family Court in Queens to forgive over $38,000 that her ex-husband owed in child support.
Ms. Allers writes: “My ex-husband has always given our children his time, whether he had money or not. He currently makes payments to me directly when he is able. But his arrears have accumulated during years when he was unemployed or underemployed and either paid less than the monthly payment ($600) granted when we divorced, or nothing at all. So when our children were young, after our separation and early in our divorce, I negotiated new currencies such as additional time when I needed child care, meal preparation, haircuts and even helping with home repairs, instead of acting as if a cash payment was all he had to offer our children. The look on their faces when he came to pick them up was more than worth it.”
The full article is at: http://mobile.nytimes.com/blogs/parenting/2015/04/19/forgiving-38750-in-child-support-for-my-kids-sake/?_r=0&referrer
On Friday, June 27, 2014, Connecticut’s Department of Social Services (DSS) sponsored a one-day conference. This conference focused on the relationship between child support and effective parenting. It emphasized the importance of co-parenting and of father involvement with their children. The judicial branch, Support Enforcement Services (Charisse Hutton) and Family Support Magistrates Division (Norma Sanchez-Figueroa) emphasized the importance of parental involvement and the negative influence of excessive support orders.
- The keynote speaker was Vicki Turetski, Commissioner, U.S. Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement.
- She emphasized that regular child support payments increase with parental involvement.
- She lauded the Fatherhood Initiative, a federal program that began in 2000.
Brief Summary of Conference Themes
The themes of the conference centered on the connection between parental involvement and financial support for children living with one parent. Even in cases with past domestic violence, a structured program and a commitment to change behavior can lead to successful co-parenting. There was general agreement that parental time and decision making responsibility are at least as important as child support dollars. The dollars can interfere with parental involvement when support orders are unrealistic or when arrearages build up due to illness, unemployment of incarceration. The conference proposed specific remedies such as in-kind child support payments and easy ways to reduce support orders after illness or unemployment. Child Support Guidelines in Connecticut are unrealistic at low income levels, but currently the Commission has failed to appreciate the damage this does.
Possible conclusions with respect to root causes of excessively high child support orders
The root cause of the problem addressed by the Conference is, in my opinion, the economic studies used to justify excessively high support orders. The studies are flawed in many ways, including: 1) The assumption that percentages should be based on an intact family; 2) the assumption that only one parent, the “custodial parent,” is capable of making financial decisions on behalf of children.
When: Monday March 31, preferably near 8am, but any time after that is OK.
Between 8am and 10am you sign up for a lottery number. After that you sign at the bottom of the list of speakers. Expect to compete with many people testifying.
Where: Legislative Office Building, Second floor. Driving directions:
http://www.cga.ct.gov/asp/menu/DrivingDirections.asp. If the Parking Garage is full (which is likely), there’s a pay garage in a commercial building on Oak Street opposite the entrance to the Appellate Clerk’s office.
What: Bill 6685 – shared parenting; RB 494 -GAL reform; Bill 5524, alimony reform
If you can’t attend, submit written testimony by email: JUD.Testimony@cga.ct.gov . You can even submit written testimony through Tuesday, April 1.
Please testify to any of the following points that agree with your thinking and experience:
• Most of the problems – alienation, excessive cost, and experts trying to substitute their opinions for the parents’ – could be solved if judges, family relations officers and others simply asked repeatedly: which parent is more likely to provide “frequent, meaningful, and continuing contact” between the child and the other parent?
o The courts need to clearly send the message that each parent must promote frequent and meaningful contact with the other parent.
o Of course there are exceptions in cases with proven violence, neglect or abuse.
• Guardian Ad Litems (GALs) need to be carefully supervised as specified in RB494. Here is a link to the full text: http://www.cga.ct.gov/2014/TOB/S/2014SB-00494-R00-SB.htm
o RB 494 will be hotly contested by professionals who are making lots of money on the existing family court system.
o The Shared Parenting Council supports RB 494 as a step in the direction of much needed reform.
• Modify RB 494 to require GALs to promoting active involvement by both parents.
• Alimony requires guidelines for judges to follow. This will ensure consistency across courts in Connecticut.
• Absent abuse, neglect and domestic violence, children have the constitutional right to have both parents equally involved in their lives.
• There’s no oversight or accountability of the court appointed professionals such as GALs, AMCs, Psychological Evaluators. This opens the door to a few who want to exploit the system. Only in very rare circumstances should a judge appoint a GAL or any other individual to a family absent proven abuse and neglect.
• Absent findings of abuse or neglect the judge should be required to tell counsel and parties that we have a presumption of shared equal parenting time. If the parents disagree about the amount of time, then the burden of proof is on the parent who is not agreeing to up to 50% time for the other parent.
• The judge will enforce the laws and then sanction parents who lie to the court or mislead the court in an attempt to seek more parenting time. Sanctions need to be monetary and/or in the form of community service.
• Parental alienation: a Judge needs to be alerted in an emergency hearing that a child about potential alienation. DCF will be called in. Hopefully this will be a detergent for any alienator in their early stages of abuse.
We had a tremendous turnout in January, and as a result the Judicial Branch is beginning the process of reform.
Don’t miss this opportunity to participate in these major changes in Connecticut law.