January 30, 2013 at 5:54 p.m.
Steps we can take to improve child support system
The Children Amendment Act 2002 generally ensures that every parent has an obligation, to the extent the parent is capable of doing so, to provide support, in accordance with need, for his or her child. This effectively turns what is a fairly apparent moral duty into a legal duty.
A commonly cited problem faced by many parents (primarily fathers) who fail to fulfill this obligation is that they are often incarcerated, lose their job and consequently lose their ability to pay child support. When these parents are eventually released from prison, they will necessarily find it harder to pay off their arrears in child support as well as trying to get themselves back on their feet.
This can often create a vicious cycle as these parents may find it particularly difficult to keep up with both their general expenses and child support payments, which often leads them towards incarceration. In these circumstances, it is the children that ultimately suffer from the lack of financial assistance and emotional support.
Another typical dilemma is that many parents (again, primarily fathers) paying child support change jobs without notifying their new employer about their obligations to pay child support. As a result, their new employer would not likely arrange for their wages to be garnished and once again the children of these parents are made to suffer.
An additional issue is the manner by which magistrates tend to determine the amount that parents should pay for child support, which is based upon 'the extent the parent is capable of doing so'. On the one hand, women and children's rights advocates such as Sheelagh Cooper have claimed in the past that the informal examination by magistrates of a parent's means has led to the allowance of nominal child support payments by parents who claim that they do not have any money for their children even though this may not be a true reflection of their ability to pay.
On the other hand, there are many parents (fathers and mothers) who are genuinely only able to pay as little as $60 per week due to their personal circumstances. An informal examination of the means of parents, however, can often lead to an inaccurate assessment of what parents are truly able to pay and should be paying towards the support of their children.
Many of these problems could possibly be addressed by making a number of practical changes to the aforementioned Children Amendment Act 2002. It has been suggested in the past that it may be desirable to penalize those parents that are obligated to pay child support if they leave a job without notifying the court of their change of circumstances after a certain period of time.
It may also be advantageous for employers to be required to verify whether or not potential employees are obligated to pay child support and accordingly whether or not their wages should be garnished for this purpose. This would ensure that these potential employees' income shall be put towards the payment of child support at the earliest possible juncture.
Furthermore, in the context of incarcerated parents, the establishment of a work release initiative mandating that the accumulation of income shall be used for the purposes of child support payments where applicable should be developed as soon as possible. This would help re-integrate these individuals into mainstream society and ensure that they continue to comply with their child support obligations.
A formal examination of the means of parents with fixed salaries may also be desirable. The requirement of documentary evidence to substantiate their means and expenses would likely ensure that child support payments are distinguished from general debt collection and solidify that the welfare of children must be a paramount consideration irrespective of the increased amount of court time that this process may demand.
Although parents are required by law to pay child support based on their means and their children's needs, a fair and amicable arrangement with respect to child support should ideally be reached outside of the scope of the courtroom. This is particularly relevant in order to prevent the need for any children to become caught up in contentious legal proceedings.
If child support can not feasibly be addressed outside of the courtroom, it is advised that parents who are issued a summons directing them to appear in court should avoid failing to appear. Otherwise, such action may lead the court to perceive their non-appearance as indicative of their disinterest and lack of commitment towards their child. Also, the court almost always prefers it if a parent pays at least something as child support rather nothing at all. At least this approach demonstrates to the court a willingness to try to provide for one's child and to accommodate their needs.
In conclusion, a number of systematic deficiencies have been highlighted with respect to the current child support system in Bermuda. Unless many of these issues are addressed in the near future, the welfare of Bermudian children may continue to be inadequately protected and this possible eventuality has far-reaching implications for each and every member of our community.
KAI MUSSON is an Associate Attorney at Cox Hallett Wilkinson: [email protected][[In-content Ad]]
Comments:
You must login to comment.