In North Dakota, default judgments are reached based on financial information the child support enforcement attorney obtains, typically the most recent income tax form--they do not look at nature of income, but just the total (so a person who received a one-time distribution from an estate would be assessed based on that income in case of default). The percentage is 25% (I'm not sure what is deducted in such a case or what deductions a person can claim). I assume but don't know that Social Security records and/or state Job Service records can also be accessed.
Otherwise, if little or no income is shown, the state presumes the person is able to earn minimum wage at a full-time job, based on which the state has assessed $160/mo since at least 2000. Don't know how it works for more than one child, but usually seems to be the case that with separate cases due to children by another partner the determinations would all be made separately.
As far as I know disability is a consideration only if there has been a disability determination by SSA. Those, of course, take 2-3 years to obtain and seem to apply only where parents have previously been determined disabled by SSA.
Enforcement proceedings allow discretion to waive payments for a period of time to address personal circumstances with scheduled review. Incarcerated parents are not required to pay unless they are on work-release, for example. Interest on arrears accrues based on a 12% interest rate.
Income tax refunds will, of course, be intercepted for child support arrears. Some parents who qualify for earned income credit figure out that by taking advance earned income credit they can protect a portion of this income from being intercepted; another tactic is to maximize deductions on withholding in order to minimize what would otherwise be received as a refund. A lot of low-income working people prefer large refunds as a means of making major (relatively, anyway) purchases and bill payments as a way of forced savings. For example, Christmas presents may be deferred until the income tax refund, with new clothing a major item purchased when the money is received. This kind of survival money management approach is not well-matched to holding one's own in child support cases.
Interesting life experience can be acquired by sitting through a child support enforcement court session where multiple cases are heard.
Sheri McMahon
From: "Margaret E McCarthy" <mem227@cornell.edu>
Reply-To: "Child Maltreatment Researchers " <child-maltreatment-research-l@list.cornell.edu>
To: "Child Maltreatment Researchers" <child-maltreatment-research-l@list.cornell.edu>
Subject: RE: financial impact of out of home placement on families
Date: Thu, 25 Oct 2007 17:50:58 -0400 (EDT)
>Typically what happens is that there is a referral for child support
>enforcement to reimburse for foster care costs. The parents are then
>summonsed to appear in front of the court. Procedures vary from
>jurisdiction to jurisdiction. If the parent fails to appear in court, the
>court may grant a default judgment for the entire monthly costs of care.
>If the parent appears in court, they must provide information on their
>income. Then their monthly contribution is based upon the income-based
>child support formula. For example, in New York State, for one child,
>parents are responsible for payment of 17% of income as support excluding
>FICA and the Medicare tax. If a parent is at the poverty level, their
>order will be $25 per month or if this is unjust, it will be $0 per month.
> In New York, parents whose income is above the poverty level but but
>still low fall into the "self support reserve" category, and are assessed
>$50 per month.
>
>It is important to realize that the child support enforcement mechanisms
>were established by the federal government as a way of recouping monies
>paid out under the AFDC system from non-custodial fathers.
>
>Margaret McCarthy
> > How is this policy enforced? Is there some formal or informal means
> > testing?
> >
> >
> > Ted Cross
> > Senior Research Psychologist
> > RTI International
> > 1440 Main St.
> > Waltham, MA 02451
> > Phone: 781-434-1707
> > Fax: 781-434-1701
> > Email: tcross@rti.org
> >
> >
> >
> > ________________________________
> >
> > From: bounce-1956307-6833984@list.cornell.edu
> > [mailto:bounce-1956307-6833984@list.cornell.edu] On Behalf Of
> > ChelleP66@aol.com
> > Sent: Friday, October 19, 2007 11:23 AM
> > To: child-maltreatment-research-l@list.cornell.edu
> > Subject: Re: financial impact of out of home placement on families
> >
> >
> > In Illinois, parents are expected to pay child support to the Illinois
> > Department of Children and Family Services to offset the cost of the
> > State caring for their children.
> >
> > Michelle Paisley, MSW, LSW
> > Foster Care Supervisor
> > Catholic Charities Diocese of Peoria
> >
> >
> > In a message dated 10/2/2007 9:03:57 PM Central Daylight Time,
> > toni@tcavjohn.com writes:
> >
> > would add that in California parents are assessed fees for the
> > out-of-home placement and asked to pay for it.
> >
> >
> >
> > Toni Cavanagh Johnson, Ph.D.
> > 1101 Fremont Avenue, Suite 101
> > South Pasadena, California 91030
> > USA
> > Tel: 626-799-4522
> > FAX: 818-790-0139
> > toni@tcavjohn.com
> > www.tcavjohn.com
> >
> >
> >
> >
> >
> > ________________________________
> >
> > See what's new at AOL.com <http://www.aol.com?NCID=AOLCMP00300000001170>
> > and Make AOL Your Homepage
> > <http://www.aol.com/mksplash.adp?NCID=AOLCMP00300000001169> .
> >
>
>
>--
>Margaret McCarthy
>210 South Albany Street
>Ithaca, NY 14850
>mem227@cornell.edu
>office 607-274-5603
>home 607-272-1441
>
>