Jailing Deadbeats Doesn't Help Kids

In 1833 the United States reduced but did not abolish the federal practice of imprisonment for debtors. Today, only in situations where the court finds that the debtor has the means to pay but withholds the money can he or she be sent to jail. One exception, however, is in the case of those who owe child support debt.

Recently a friend who I'll refer to here as "Joe" was jailed for delinquent child support payments. Joe has been out of work for some time and has been trying to find another job. It was never Joe's intent to keep the money from his children, and I couldn't in good conscience label him a "deadbeat dad."

We all know that there are plenty of bums out there who simply do not care about supporting the children for whom they are responsible. However, in Joe's case, his efforts to find work and pay his debt have been hampered by a stressed economy and a lack of available employment.

I am told that for someone to be jailed, several things have to happen first. But, regardless of the process, how does incarceration help? In my opinion it's a ridiculous deterrent that serves only to restrict a parent's ability to pay and creates further difficulty for the kids.

For custodial parents out there who are owed delinquent child support payments, I sympathize. I certainly am not suggesting that no action be taken. However, while jail time may be a deterrent to those who simply don't want to pay the money, it is thoroughly inconsistent with the court's intent.

The threat of incarceration is supposed to scare the would-be deadbeat into paying up, except the system has to treat everyone equally. So, if you are a hard-working person trying to meet your obligations but lose the means to pay, you're treated exactly like the bum who has the cash but simply withholds it.

I don't have the answer to this problem, but I also feel that if you chime in on something you should offer some kind of solution. So here is one suggestion.

In order to receive any kind of government benefits, applicants must meet certain criteria. Why not do something similar for both sides of the child support issue?

My understanding is that child support payments are based on a combination of calculations including the income of the payee at the time of the court order. If the individual's financial situation changes, he or she can ask for a reduction in the payment amount. But what happens if they lose their job entirely?

There is still an appeal process in play, but once a reduction has been granted, it's rarely repeated. In that case, there should be some type of government-sponsored work program available so the payee can earn what they owe while they are looking for a permanent job. The government tracks the work and makes the child support payments directly to the custodial parent.

Job hunting and placement assistance should also be available, as well as training programs to help displaced workers find a new line of employment. If the last resort is jail time, then I believe the government should be prepared to provide for the children at the same financial support level ordered by the court.

On the other side of the issue, the custodial parent who receives the payments should have to be accountable for every penny. There are plenty of mothers and fathers out there who have sued for child support, been granted the payments and then use the money, not to care for the kids, but to sustain a cigarette or drug habit, or make material purchases for themselves.

Each recipient should have to document how every cent is used and report to the courts on a regular basis. Having to produce receipts for every purchase should help to reduce this kind of fraud.

The next question is how do we pay for all of this? I would say that if we can find billions to bail out the fat cats of Wall Street, rescue the car companies and provide million-dollar offices for congressional lobbyists, there should be a buck or two left over to help our kids, wouldn't you say?

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