According to the Department of Health and Human Services, “a main objective of the Child Support Enforcement (CSE) Program is to make sure that child support payments are made regularly and in the correct amount.”[1] “The anxiety the custodial parent feels when payments are not regular can easily disrupt the family's life.” Id.
Various jurisdictions across the United States have employed creative methods of enforcement in order to remedy the problems of child support enforcement and collection. A few jurisdictions have developed innovative strategies for penalizing non-payors of child support, perhaps even to incite public embarrassment. However, some jurisdictions remain relatively traditional in penalizing the support-deficient. For example, in Virginia[2], a non-compliant, support-deficient parent may be subjected to any of the following traditional penalties for failure to comply with his or her child support obligation[3]:
·
Service
of a Lien[4]
·
Civil
Contempt of Court[5]
·
Incarceration
Until Support Paid
·
Suspension[6]
of / Refusal to Renew His/Her Driver’s License
·
Revocation
of His/Her Driver’s License
Some
jurisdictions have employed extremely innovative enforcement measures. Louisiana[9]
and Virginia[10],
among other states, have utilized both hard copy and electronic “Wanted” lists
for each of the state’s most reluctant parents.[11]
The (not-so) lucky reluctant parent’s name and photograph are broadcasted to
whomever will take a gander at the list.
Among
the inventive jurisdictions and the most surprising, in my opinion, is the “boot”
method. Designed to publically embarrass non-custodial, non-paying parents who
have been reluctant in paying their respective child support obligation, this
“boot” method has been employed by Illinois[12],
Cape May County, New Jersey[13],
Wayne County, Michigan[14],
and Fairfax County, Virginia[15].
In
addition to employing traditional measures to ensure the enforcement of one’s
obligation to pay child support, officials in Fairfax County have been vested
with the authority to locate one’s vehicle and immobilize it for neglecting to
pay child support.[16] Fairfax
County has been booting cars since 1998.[17]
Between March 1998 and December 1999, 70 vehicles were booted in Fairfax
County, resulting in an average of $5,000 from each non-custodial, non-paying
parent.[18]
In
2000 the Commonwealth of Virginia took this idea statewide,[19] giving
the Department of Social Services authorization to boot a noncustodial parent’s
car, provided certain circumstances exist.[20] In
order for the Department of Social Services to have one’s vehicle booted by the
sheriff the Department must have previously attempted to enforce the child
support obligation by employing “conventional” methods of enforcement, unless
inappropriate to use such traditional methods.
In addition, there is a nominal threshold for arrears and a lien must
have been filed.
This
leads to the inquiry of whose car can be
booted? The sheriff has authority, delegated by the Department of Social
Services, to boot a vehicle owned (1) solely by the non-custodial, non-paying
parent, (2) co-owned by the non-custodial, non-paying parent and his or her
current spouse, or (3) a business’s vehicle provided that the non-custodial,
non-paying parent is the sole proprietor of that business.[21]
So
far, we now understand that one’s vehicle may be in jeopardy contingent upon
whether that person has been reluctant in fulfilling his or her child support
obligation and the requisite conditions are present. However, there’s more to
this “boot method” than just the observation that it exists and the conditions
by which it may be employed. The boot placed on the non-payor’s vehicle is
tailored the sex of the innocent child in which he or she is financially
neglecting: baby blue for boys and pastel pink for girls.[22]
Statistics
reveal that the collection of child support steadily increased following the
year 2000 in which the Commonwealth of Virginia took Fairfax County’s “boot
method” statewide.[23]
In 2000, the White House issued a press release commending Virginia’s innovative
method and stating former President Clinton’s intention to take this idea
nationwide.[24]
Even
though the “boot” method has proven effective, statistically, a lingering
concern remains: what about the non-custodial, non-paying parents who enjoy the
luxury of owning multiple vehicles? Would the Department authorize the sheriff
to boot all cars owned by the non-custodial, non-paying parent? If not, the
enforcement method is virtually ineffective in that the parent would not be
immobilized; the parent would simply use another one of his or her vehicles and
go about his or her other priorities.
Perhaps
employing a combination of the innovative “boot” method and a “conventional”
method would better effectuate the enforcement method’s purpose: in addition to
booting the car, suspend the license. This combination would immobilize the
non-custodial, non-paying parent and would prevent him or her from
circumventing the purpose of the enforcement measure. Regardless, it seems to
be working, providing children with much needed support, while also providing
some of us with a source of entertainment.
[1] Handbook on Child Support Enforcement, Dept. of
Health and Human Services Administration for Children and Families, Office of
Child Support Enforcement, pg # 24 (last updated 2008), www.acf.hhs.gov/sites/default/files/ocse/handbook_on_cse1.pdf.
[2] In the Commonwealth of Virginia, the
“support enforcement agency” is defined as: “a public official or agency
authorized to seek enforcement of support orders or laws relating to the duty
of support, establishment or modification of child support, determination of
parentage, location of obligors or their assets, or determination of the
controlling child support order. A support enforcement agency of the
Commonwealth is not authorized to establish or enforce a support order for
spousal support only.” Va. Code Ann. § 20-88.32 (2005).
[3] Support Order is defined as: a
judgment, decree, or order, whether temporary, final, or subject to
modification, issued by a tribunal for the benefit of a child, a spouse, or a
former spouse, which provides for monetary support, health care, arrearages, or
reimbursement, and may include related costs and fees, interest, income
withholding, attorney's fees, and other relief.” Va. Code Ann. § 20-88.32
(2005).
[4] Va. Code Ann. § 63.2-1927 (2003).
[5] “Last year, Assistant Attorneys
General: Represented DCSE in 141,483 hearings, including civil
contempt hearings, which resulted
in 652,785 days in jail for noncustodial parents who failed to pay support;
assisted in collecting $13 million in lump sum child support payments; and
assisted in obtaining new court orders for child support totaling $1.5
million.” Virginia
Department of Social Services 2011-2012 Fact Sheet, Va. Dept. of Soc. Serv. 2 (2012), http://www.dss.virginia.gov/geninfo/reports/children/child_support.cgi
[hereinafter VDSS Fact Sheet].
[6] According to the Virginia Department of
Social Services, “DCSE has collected $430 million in delinquent
child support since 1996, $33.5 million during this fiscal year, through the
suspension of driver’s licenses.” Id.
[7] According to the Virginia Department of
Social Services, the “collection payment” accounts for 89% of child support
payments. “[The Department] [c]ollects approximately 89% of
child support payments via wage withholding, with over $2.5 million dollars passing
through Virginia’s State Disbursement Unit on an average day.” Id.
[8] Va. Code Ann. § 63.2-1941 (2012).
[9] For an example, of Louisiana’s poster of most wanted non-paying parents see Louisiana’s
Most Wanted, Dept. of Child and Family Serv., http://www.dss.state.la.us/index.cfm?md=pagebuilder&tmp=home&pid=163
(…cite just says 2012)
[10] Arlington County’s Sherriff’s Office
initiated this program in 1996 in order to “more aggressively” ensure child support
payment by those parents who “are seriously delinquent” in their obligated
payments. Deadbeat Parents Wanted by
Arlington County, ARLINGTONVA.US,
http://www.arlingtonva.us/Departments/Sheriff/SheriffDeadbeatParents.aspx (last
updated Sept. 14, 2012).
[11] Va. Code Ann. §
63.2-1940.1 (2003). Section 63.2-1940.1 Provides:
Publishing a most wanted delinquent
parent list; coordinated arrests. The Division of Child Support
Enforcement shall (i) publish at regular intervals a list of the most wanted delinquent parents as determined by the Commissioner
together with arrearage information and other identifying information,
including but not limited to, a photograph, occupation and last known address
for the purpose of locating such delinquent
parents and (ii) periodically conduct coordinated arrests of delinquent parents in conjunction with state and
local criminal justice agencies pursuant to § 16.1-278.16.
[12]305
Ill. Comp. Stat. Ann. 5/10-17.13 (West 2007). “Public Act 95-685 grants the state permission
to work with municipalities to immobilize and impound cars belonging to
deadbeat dads.” Kate Clements Cohorst, Deadbeat
Dad Laws in Illinois,
http://www.ehow.com/list_6453643_deadbeat-dad-laws-illinois.html#ixzz2BIT88fc6
(last updated 2012).
[13] The Associated Press, Pink and Blue Parking Boots to Greet Deadbeat
Parents in Virginia (Jan. 4, 2000), http://cjonline.com/stories/010400/new_parkingwoes.shtml.
[14] The Associated Press, Pink and Blue Parking Boots to Greet Deadbeat
Parents in Virginia (Jan. 4, 2000), http://cjonline.com/stories/010400/new_parkingwoes.shtml.
[15] 22 VA ADC 40-880-350 (2012).
[16] Id.
Full text of 22
VAC ADC 40-880-350 (2012).Enforcement Remedies:
Distraint, seizure, and sale
A. The department may use distraint, including booting of vehicle, seizure and sale against the real or
personal property of a noncustodial parent when:
1. There are arrears of at least $1,000 for a
case with a current support obligation and at least $500 for an arrears-only
case;
2. Conventional enforcement remedies have
failed or are not appropriate; and
3. A lien has been filed pursuant to §
63.2-1927 of the Code of Virginia.
B. Assets targeted for distraint, including booting of vehicle,
seizure and sale are:
1. Solely owned by the noncustodial parent.
2. Co-owned by the noncustodial parent and
current spouse.
3. Owned by a business in which the
noncustodial parent is the sole proprietor. Assets owned by business
partnerships or corporations which are co-owned with someone other than a
noncustodial parent's current spouse do not qualify for booting of vehicle, or
seizure and sale.
C. The Director of the Division of Child Support Enforcement or
his designee shall give final approval for the use of distraint, seizure and
sale. This includes immobilizing a vehicle using vehicle boots.
D. When initiating booting, or seizure and sale of vehicle, the
department shall check with the Department of Motor Vehicles for vehicles
registered in the noncustodial parent's name, the address on the vehicle
registration, and the name of any lien holder on the vehicle.
E. Once a lien has been filed pursuant to § 63.2-1927 of the Code
of Virginia, the department shall send a notice of intent to the noncustodial
parent before initiating distraint, including booting of vehicle, seizure and
sale action. If there is reason to believe that the noncustodial parent will
leave town or hide the asset, the asset can be seized without sending the
notice and with proper documentation.
F. If the noncustodial parent contacts the department in response
to the intent notice, the department shall request payment of arrears in full.
The department shall negotiate a settlement if the noncustodial parent cannot
pay the arrears in full. The least acceptable settlement is 5.0% of the
arrearage owed or $500, whichever is greater, with additional monthly payments
towards the arrears that will satisfy the arrearage within 10 years. The
department may initiate distraint, including booting of vehicle, seizure and
sale without further notice to the noncustodial parent if the noncustodial
parent defaults on the payments as agreed.
G. The department shall send a fieri facias request to each county
or city where a lien is filed and a levy is being executed if the noncustodial
parent does not contact the department in response to the intent notice.
H. The department shall set a target date for seizure or booting
and have the sheriff levy the property or boot the vehicle.
I. Once property has been seized or booted by the sheriff, the
department must
(i) Reach a payment agreement with the
noncustodial parent of 5.0% of the arrearage owed or $500, whichever is
greater, with additional monthly payments towards the arrears that will satisfy
the arrearage within 10 years and release the vehicle to the owner;
(ii) Proceed with the sale of the vehicle
pursuant to § 63.2-1933 of the Code of Virginia, or
(iii) At the end of 90 days from the issuance
of the writ of fieri facias, release the vehicle to the owner.
J. The department shall send a cancellation notice to the sheriff
if a decision is made to terminate the seizure action before the asset is
actually seized.
K. If the department sells an asset and it is
a motor vehicle, the department shall notify the Department of Motor Vehicles
to issue clear title to the new owner of the vehicle.
[18] Child
Support and Gambling Winnings, Clinton Library 10 (2000), www.clintonlibrary.gov/.../647851-child-support-gambling-2.pdf (this
authorless PDF is from Cynthia Rice’s files in the Clinton presidential
records, but gives no publication reference).
[19] Regarding the Duties of the Department of
Social Services,
specifically: the authority to collect information regarding motor vehicles of
those that have an obligation of child support. Va. Code Ann. § 20-88.53 (B)(4) (2005).
[20] VDSS Fact Sheet, supra note 5.
[21]
Id.
[22] The Associated Press, Pink and Blue Parking Boots to Greet Deadbeat
Parents in Virginia (Jan. 4, 2000), http://cjonline.com/stories/010400/new_parkingwoes.shtml.
[23] Virginia Division Of Child Support Enforcement Total Collections: SFY
1993 - SFY 2009, Va. Dept. Soc. Serv. (2009-2012), http://www.dss.virginia.gov/geninfo/reports/children/child_support.cgi .
[24] The White House Office of the Press
Secretary, New
Responsible Fatherhood Initiative to Promote Work and Boost Child Support Payments, (Jan. 26, 2000), http://clinton4.nara.gov/WH/New/html/20000204.html.
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