Click If You Are Having Trouble Viewing This Email
Be sure to add [email protected] to your contacts so our emails get to your inbox.

Fathers and Families

Child Support, Shared Parenting, and Paternity Fraud
March 7, 2012
Top Story
New Child Support Rules Seize Social Security, Disability, and Veterans Benefits
By Ned Holstein, MD, MS, Chairman of the Board of Directors

Ned Holstein
Spud McConnell
Spud McConnell, a well-known movie actor, also hosts a popular New Orleans talk radio show, Talk Gumbo on New Orleans radio station WWL—AM 870/FM105.3. On February 28, 2012, Fathers and Families’ Chairman of the Board Ned Holstein, MD, appeared on the show to discuss new child support rules promulgated by the federal government.
Listen to interview.

In yet another measure that will harm children instead of helping them, the new rule effects how much money can be seized for payment of child support arrearages from people who receive federal benefits, such as social security, disability and veterans’ payments.

Currently, the states can ask the federal government to “garnish” money from checks the federal government is writing to those who receive benefits for the purpose of paying child support arrearages. In other words, money can be taken out of the check before it is ever written. The states can receive that money, and the individual gets a smaller check. The federal government limits the “garnish” to 65% of the check.

Under new rules that are slated to go into effect in March, 2013, the federal government will pay such benefits electronically. There will be no checks. The money will simply appear in the bank account of the recipient. And that’s where the problem lies. Because there is no limit on how much money the states can seize from the bank account of the people who owe child support. They can — and will — take it all, leaving the recipient of federal benefits no funds to live on.

This will cause tens of thousands of elderly, disabled, and veterans to become homeless. It is even worse, because most of the money collected will be kept by the states for their own purposes; it will never go to a mother or child. In many cases, the arrearages are very, very old. The children for whom the child support is allegedly being collected are grown. And much of the money owed is accumulated interest and fees. These accumulate during the long years that poor people are unable to pay their child support order, or have been disabled or laid off.

Internal memos show that the treasury department, the Department of Health and Human Services, and the state child support collection agencies are all aware of what will happen next March. Apparently, they just don’t care.

Ned Holstein
Ned Holstein
Here is what our readers need to understand. No one is going to save us from these abuses. There is no wise judge, dedicated advocate for the poor, or civil rights advocate who is going to save us. We will overcome these abuses, and dozens more like them, by banding together and demanding change. Americans have overthrown injustice over and over again in our history.

We will do it again.

Shared Parenting Introduced As the Youth School Dropout Reduction and Crime Prevention Act
By Brandon D. Jones, Fathers and Families of Washington

Brandon & Colton Jones
Brandon & Colton Jones
Senator Jim Kastama introduced shared parenting legislation, SB 5317, in Washington State as the youth school dropout reduction and crime prevention act of 2011.

The summary of the legislation states, that one way to lower dropout rates, increase high school graduation rates, and reduce instances of crime involving children is to increase the involvement of the second parent, mostly fathers, in the daily lives of their children, especially in the educational arena... that a rebuttable presumption in favor of a shared parenting arrangement following dissolution or legal separation is in the best interests of the children involved in society. This is the cheapest investment that taxpayers and the legislature can make to help our children in that the cost of this legislation is about as close to zero that any legislature can claim.

In an interview Senator Kastama gave about shared parenting he said that one of the problems is that, “people view physical stability as more important that emotional stability. Children need the other parent in their life for emotional stability. “

The legislation has been referred to the Committee on Human services Services & Corrections. While it is not expected to move out of committee this session, Fathers and Families understands the legislation will be pre-introduced next session.

Senator Jim Kastama has been Washington legislature’s leading advocate for shared parenting throughout his political career. He has represented the 25th Legislative District since 1996 and chairs the Senate Economic Development, Trade and Innovation Committee.

Paternity Fraud Legislation Introduced in Washington and California
Information provided by Brandon D. Jones, Fathers and Families of Washington and Michael Robinson, Fathers and Families of California

Representative Noreen Walsh has introduced An an Act act Relating relating to authorizing the termination of all legal responsibilities of a nonparent if genetic testing shows by clear and convincing evidence that a man is not the genetic father of a child, HB 2683. At the same time in California, Senator Rod Wright introduced paternity fraud legislation that provides the courts the discretion to set aside paternity judgments in the interest of justice and the best interests of the child, SB 1260.

Current laws in California and Washington only allow a presumed father a two year period to challenge paternity, whether established by, marriage, paternity declaration or default.

The only significant insight into the number of false paternity establishments comes from the American Associations of Blood Banks published that there is a 30% elimination rate in DNA paternity testing nationwide. Within the military community it is predicted to be in the 38 to 43 percent range. Washington state ranks number 5 nationally in overall Veteran population.

These two bills will benefit involved children by providing the access to their actual paternal fathers and extended family; be more likely to have increasing the likelihood of an accurate family medical history, thus allowing physicians to better treat acute illnesses and prevent or prepare for genetic illnesses and conditions; and allowing them to develop a relationship with their fathers who may otherwise not have been aware of them.
In the News
Florida Bill Would End Permanent Alimony

Children and Parents Want Equal Parenting

Straying Spouses May Be Denied Alimony in WV

Remove Child Custody from the Courtroom

'like' us on facebook

Contribute to Fathers and Families

Fathers and Families Seeking Talented Volunteers with IT Skills

Are you passionate about Fathers and Families? Could you make the time to volunteer your talents and expertise? If yes, please email me. Fathers and Families is particularly interested in Certified Developers or Administrators, Accomplished Website Developers, and Google Mail Experts.

I look forward to hearing from you.

Rita Fuerst Adams
Executive Director

Fathers and Families improves the lives of children and strengthens society by protecting the child’s right to the love and care of both parents after separation or divorce. We seek better lives for children through family court reform that establishes equal rights and responsibilities for fathers and mothers.

Fathers and Families’ vision is a society in which:
  • Children are happier and more successful because their loving bonds are protected after parental separation or divorce:

  • Children have a natural right to be nurtured and guided by both parents:

  • Society treats fathers and mothers as equally important to the wellbeing of their children:

  • Shared parenting after separation or divorce is the norm:

  • The courts arrange finances after separation or divorce so that both mothers and fathers can afford to house and care for their children and themselves: and

  • Our society understands and respects the essential role of fathers.

Fathers and Families
PO Box 270760
Boston, Massachusetts 02127-0760
(617) 542-9300
[email protected]

This email contains a promotional message from the non-profit organization Fathers and Families.
© 2012. Fathers and Families. All Rights Reserved.