Having dedicated so much mental energy in examining SB 236, I have just now sat down and looked at SB 475. I am all for tougher child support laws, but gee wiz. Under the current law, you are deemed to have intentionally not paid your child support if: 1)You were more than $5000 in arrearsÂ orÂ 2)you have not paid in a year.
Under the new lawâ€¦..it is just a crime to not pay regardless of how late you are or how much behind. Well, Iâ€™m confusedâ€¦.does this mean I will have been deemed to have committed a crime if I am say, one day late? Have I committed a crime if I am one dollar short ?â€¦YES
I can discern the wisdom of the present law in the presumption that if you go late for more than one year, or if you are $5000 in arrears, then is it more likely than not that the intentional element to prove a crime exists.
I am a little tickled at the stupidity of making it a crime to be one day late or a dollar short. My child support is due on the first of each month and I send the payment in on the firstâ€¦(because I get paid on the first). I suppose I will be a felon within two months since I am hyper-technically late each month by two or three days. And for all of you who do not knowâ€¦you canâ€™t pay DSS in advanceâ€¦they will send you a refund. These are facts.
How many custodial parents pay their rent or mortgage exactly on the first of each month?
This proposed change to the law is a bit ridiculous. I will support tougher child support laws but not absurd ones.
I almost secretly hope the law passes just to witness the carnage at the District Attorneyâ€™s Office of custodial parents trying to have someone thrown in jail only to find out they misplaced the check. The non-custodial parent in the meantime would have been arrested and labeled a â€œdead-beatâ€. Sounds to me like this law is just simply designed to give leverage to the custodial parent and enable them to threaten the non-custodial parent with jail time virtually every month.
Do these Senators even bother to read Senator Quinnâ€™s proposed legislation?
Why not just have a minimum payment provision to avoid the application of the criminal statute of say 50% of the child support obligation? In other words, keep the present law in place but add that â€œif such obligation has fallen below 50% of the total support obligation for one year or is greater than $5000â€œ. â€¦..I dreamed that up in 30 secondsâ€¦canâ€™t our Senators spend a little mental energy and come up with something better.