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Child Support Woes

by M. Gary Neuman, LMHC

My ex is constantly late with child support. You can't imagine the pressure this puts me under to pay my bills on time. But what really disturbs me is when my eight year old asks me for things I know he needs (clothing) and I don't have the money because the check didn't come yet. What do I tell my child at that point? Why should I always be the one who says "No, we can't afford that."
A six year old once told me, "When I grow up, get married and divorced, I will always pay my child support on time." There are many obvious things wrong with that picture. As a parent trying earnestly to provide for her children, divorce has ironically linked you financially to a person you chose to get as far away from as possible. Child support often serves as a catalyst for ongoing resentment and criticism of both parents: "He's late again, She spends it on herself, not the children..."

What can you do to help yourself get those support payments? There are some specific strategies that can assist in collecting child support as well as insuring timely payment.

For example, every state provides for the possibility of having child support garnished from wages and sent directly from the employer. In some states this deduction is automatic.

At the time of divorce, use an asset to secure child support clearly indicating that the asset will become yours if child support is not paid in a timely manner. An example of this could even be the person's interest in the marital home. Often, the residential parent will stay in the home until the children are older and when it is sold the profits are evenly divided between parents. However, the divorce decree can stipulate that if child support is not properly paid a lean is placed on that parent's portion of the house.

Be aware that even if someone owes a considerable amount of child support from the past, a federal statute protects that parent from paying more than 65% of his wages. The percentage is determined on an individual basis taking into account specific items like whether or not the person has children to support from a new marriage.

Melvin Rubin, President of the Florida Association of Professional Family Mediators suggests that emotional issues have a great deal to do with child support. "A key point of collecting child support is maintaining a good relationship between father and child. The more contact there is the more likely that individual will pay." For this reason as well as the emotional benefit a child gains by having two loving parents in his life, be sure to create an atmosphere where your child has appropriate access to his father.

"Contacting your state child support enforcement office is recommended," says Sue Bailey, President of the National Child Support Enforcement Association, a national training and education association whose mission is to promote the wellbeing of children and their families through the effective enforcement of child support obligations. Bailey explains that local child support offices can discover if the parent who is not paying support is receiving any federal funds that could be tapped into for the purpose of paying support. They can also help locate non-custodial parents and have their drivers (and in some states even professional) licenses revoked in those states that provide such action. Presently thirty five states provide for such action and the majority of them have reported an increase in collection.

Collecting child support has become so difficult for some that private national collection agencies have developed in order to assist parents. These agencies work similarly to that of other billing collections, taking a certain percentage (usually in the range of 30%) of whatever money is recovered. These agencies report a much higher success rate of collection than those of government agencies. Says Jim Durham, president of a private collection firm, the National Child Support Center, "We only get paid if we collect so it's obvious how much harder we have to work for our clients."

Unfortunately, even with all of the help and raised consciousness regarding this issue, many moms are still left out in the cold and find it difficult to cope.

However, openly criticizing the other parent in front of a child is damaging to the child, period. A devastating message is sent when parents impose negative opinions of their ex-spouse on their children. A child is placed in an unfair position of knowing she must limit or pretend to limit her love for that other parent or else this parent will be sad or angry. Additionally, remember the adage, the apple doesn't fall far from the tree. It damages a child's sense of personal history and self-esteem to be told that a parent is lazy or rotten, whether said by a stranger or the other parent.

Parenthood involves a great deal of sacrifice. Often parents need to candy coat the truth or discuss it in children's terms in order not to upset the child. Be diplomatic. Instead of "You don't have new shoes for school because your lousy father doesn't pay his child support on time," swallow hard and say, "Your Dad and I are having some financial difficulties but we're working on it. We might need to hold off on some purchases for a week or so." You might be thinking that if he isn't paying on time why shouldn't my kid know the truth; because sometimes the truth hurts; too much. Keep in mind what is in the best interest of your child and ultimately your children will love and appreciate what you did for them when they were younger.

For those who act irresponsibly and pay child support consistently late or not at all, if your child leads an unproductive troubled life, don't shrug and say, "I didn't realize" or "Everyone makes mistakes." There are some mistakes children simply cannot afford.
 

Here are this month's Q/A's from Gary Neuman's award winning nationally syndicated column, Changing Families.