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Commentary by Judge Jim Conlogue
Special to the Herald/Review
Every parent has the duty to support their children. To most, this truism does not appear controversial. But for many separated parents, these words are synonymous with controversy and conflict. These parents often end up in court.
According to the U.S. Census Bureau, in the spring of 2004 an estimated 14 million single parents in this country had custody of 21.6 million children. At the time of the Census Bureau report, more than $37 billion of child support was due nationwide. Less than half of those with awards received the full amount of support ordered by the court. Many of these parents look to public assistance in order to make ends meet.
In my years as a judge, I’ve spent hours resolving heated disputes over the specifics of how our children should be supported. Many parents are shocked when they hear what I have to say. The purpose of this article is to share information on the topic of child support so that, perhaps, a few less jaws will drop at the moment of truth.
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A parent owes support for all their natural or adopted children under the age of 18. While the child is in high school, the duty of support continues up to the age of 19. For a disabled child, support may continue beyond the age of majority under certain circumstances.
The duty of support may apply to grandparents. If a person under 18 has a child, the parent(s) having “custody or control” of the underage mother/father may be held jointly liable for support of the grandchild. Under some circumstances, the parent/grandparent(s) may be responsible to support their child and their child’s children.
For children born outside of marriage, the child support obligation begins the month after the child’s birth. When married parents separate, the child support obligation becomes enforceable by the court on the date a petition for dissolution of marriage or legal separation is filed. In any case, the child support obligation “adds-up” each month after its inception and the non-custodial parent is liable for the cumulative amount left unpaid. It is not uncommon that a non-custodial parent is already thousands of dollars in the hole on their first visit to court. From then on, the unpaid amount accrues interest at the rate of 10 percent each year until paid in full.
The amount of the child support obligation is set by the court using a set of statewide guidelines. Based upon the parents’ proportionate incomes, the guidelines allow the calculation of the approximate amount that the parent would have spent on the child if the parent was living with the child. The Census Bureau’s report, referenced in paragraph two, indicates that the average child support amount nationwide in 2004 was $425 per month.
Child support is intended to meet the current needs of the child such as food, housing, clothing, education, recreation, etc. The support goes to the custodial parent who in turn is responsible for meeting the child’s needs. The non-custodial parent cannot satisfy the child support obligation by putting money into a college savings account, buying incidentals or giving money directly to the child.
Contrary to many parents’ views, the payment of child support does not “buy” anything. In particular, the payment of child support does not “buy” parenting time with the child. Conversely, a failure to pay child support does not automatically preclude a parent from spending time with the child. Custody and parenting time are separate from the issue of child support. Issues of custody and parenting time are decided based on the child’s best interest. A parent’s financial acumen, in itself, is generally not indicative of parenting ability.
The law treats child support very seriously and considers it to be the highest financial priority. A parent of a minor child who knowingly fails to furnish reasonable support for their child(ren) is guilty of a Class 6 felony. The potential penalties for that offense include imprisonment, a substantial fine and loss of civil rights.
There are also substantial civil penalties if a parent fails to pay court-ordered child support. If the person willfully fails to pay support for at least two months, the Court may suspend any and all licenses held by that person. This includes the suspension of the person’s driver, professional, business and recreational licenses (such as hunting and fishing licenses). If a person fails to pay a court-ordered judgment, or is at least 12 months behind in payments, certain of the person’s property may be seized and sold to pay the child support. A failure to appear in court may result in the person being arrested and held in jail until a certain amount of child support is paid.
A non-custodial parent cannot avoid their child support obligation by voluntarily failing to work to full potential or voluntarily incurring other financial obligations. Under these circumstances, the court will impute full employment and set child support without regard to other obligations.
It is not my intent to sound overly harsh in this discussion. My point is that every child truly deserves both parents’ financial, emotional, moral and spiritual support. No parent should need a judge to explain this to them.
For an online child support calculator go to www.supreme.state.az.us/childsup. For information, including pictures of absent parents, go to www.azdes.gov/dcse.
JIM CONLOGUE is the presiding associate Cochise County Superior Court judge and judge for the court’s Division V. Look for Inside the Courts the last Sunday of each month.
the other side wrote on Aug 24, 2007 1:17 PM: