YEE'S BILL TO STRENGTHEN CHILD SUPPORT LAWS APPROVED
California Political Desk
September 06, 2007
Legislation would allow judges to order unemployed obligors to seek work.
SACRAMENTO – The State Senate today unanimously (38-0) passed legislation to help increase the number of child support payments collected in San Mateo County. SB 523, authored by Senator Leland Yee (D-San Francisco/San Mateo), would establish a program in San Mateo County to provide judges with the discretion to order an unemployed child support obligor to seek work at the time of the initial hearing determining such support.
In San Mateo County alone, there are approximately 8,000 children whose parent is delinquent on child support payments,” said Yee. “SB 523 will assist the County in cracking down on those individuals who are failing to financially support their children and will also assist those who truly want to find work.”
Currently, unemployed obligors must first be delinquent before they can be ordered to seek work. Such individuals must then report to the county Child Support Services agency every two weeks with proof that they have applied for a job with a minimum of five different employers.
Often child support obligors will quit their current job when a child support order is imminent and choose alternate employment that pays “under-the-table” as a way to veil their actual income. SB 523 would also help administrators hold child support obligors accountable for securing legitimate employment.
Including a seek-work order as part of the initial child support order sends a clear message to the obligor that paying child support is a serious matter,” said Iliana Rodriguez, Acting Director, San Mateo County Department of Child Support Services. “Unemployment alone is no excuse for failing to provide for a child. It is hoped that including this requirement will encourage more parents to call the Department of Child Support Services and discuss why they are unable to make child support payments before they fall behind and generate arrears.”
Children are now waiting 120 days before legal action is even initiated to seek unpaid child-support on their behalf. This results in four months without financial support and gives the obligor parent an opportunity to escape authorities.
Approximately thirty percent (twenty-five cases per month) of child support orders are default cases (with no contact from the obligor). Nearly all default cases become delinquent. System-wide, forty-one percent of cases are delinquent after four months in San Mateo County. It takes approximately six to nine months from the initial order for the court to find a delinquent obligor in contempt for non-payment of child support. Of those that are found in contempt, 20 percent subsequently make some kind of payment.
If enacted, SB 523 could reduce the number of default cases that become delinquent, could reduce the amount of time between delinquency and contempt, and could increase the likelihood of some payment after a finding of contempt.
While this will not capture every delinquent obligor, it will provide San Mateo County a valuable tool in assisting custodial parents in collecting the child support payments they are rightfully due,” said Yee. “I am hopeful that through the success of this pilot program, we will eventually be able to strengthen such child support laws statewide.”
San Mateo County Department of Child Support Services collected approximately $30 million dollars last year and is one of the top performing counties in the Bay Area. SB 523 will allow the Department to continue on this track and encourage even more parents to start or continue to make their required child support payments.
The bill, which was approved by the Assembly 73-0 last week, will now head to the Governor’s desk. The Governor will have up to 30 days to sign or veto the measure.
SACRAMENTO – The State Senate today unanimously (38-0) passed legislation to help increase the number of child support payments collected in San Mateo County. SB 523, authored by Senator Leland Yee (D-San Francisco/San Mateo), would establish a program in San Mateo County to provide judges with the discretion to order an unemployed child support obligor to seek work at the time of the initial hearing determining such support.
In San Mateo County alone, there are approximately 8,000 children whose parent is delinquent on child support payments,” said Yee. “SB 523 will assist the County in cracking down on those individuals who are failing to financially support their children and will also assist those who truly want to find work.”
Currently, unemployed obligors must first be delinquent before they can be ordered to seek work. Such individuals must then report to the county Child Support Services agency every two weeks with proof that they have applied for a job with a minimum of five different employers.
Often child support obligors will quit their current job when a child support order is imminent and choose alternate employment that pays “under-the-table” as a way to veil their actual income. SB 523 would also help administrators hold child support obligors accountable for securing legitimate employment.
Including a seek-work order as part of the initial child support order sends a clear message to the obligor that paying child support is a serious matter,” said Iliana Rodriguez, Acting Director, San Mateo County Department of Child Support Services. “Unemployment alone is no excuse for failing to provide for a child. It is hoped that including this requirement will encourage more parents to call the Department of Child Support Services and discuss why they are unable to make child support payments before they fall behind and generate arrears.”
Children are now waiting 120 days before legal action is even initiated to seek unpaid child-support on their behalf. This results in four months without financial support and gives the obligor parent an opportunity to escape authorities.
Approximately thirty percent (twenty-five cases per month) of child support orders are default cases (with no contact from the obligor). Nearly all default cases become delinquent. System-wide, forty-one percent of cases are delinquent after four months in San Mateo County. It takes approximately six to nine months from the initial order for the court to find a delinquent obligor in contempt for non-payment of child support. Of those that are found in contempt, 20 percent subsequently make some kind of payment.
If enacted, SB 523 could reduce the number of default cases that become delinquent, could reduce the amount of time between delinquency and contempt, and could increase the likelihood of some payment after a finding of contempt.
While this will not capture every delinquent obligor, it will provide San Mateo County a valuable tool in assisting custodial parents in collecting the child support payments they are rightfully due,” said Yee. “I am hopeful that through the success of this pilot program, we will eventually be able to strengthen such child support laws statewide.”
San Mateo County Department of Child Support Services collected approximately $30 million dollars last year and is one of the top performing counties in the Bay Area. SB 523 will allow the Department to continue on this track and encourage even more parents to start or continue to make their required child support payments.
The bill, which was approved by the Assembly 73-0 last week, will now head to the Governor’s desk. The Governor will have up to 30 days to sign or veto the measure.
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