In a perfect world, the government would have no role in recovering child support payments. Non-custodial parents would own up to their financial responsibilities, and custodial parents would honor visitation agreements. Children of divorce deserve that much.
Sadly, a good number of noncustodial parents fail to provide their financial obligations to their children. According to a December 2005 audit, some $325 million is owed Utah children in unpaid child support. It's a staggering figure.
Some state lawmakers believe that Utah's collection laws need more teeth. Rep. Julie Fisher, R-Fruit Heights, is seeking legislation that would allow the state to suspend the drivers' licenses of habitual non-payers. Some backers believe suspending deadbeat parents' drivers' licenses would encourage child support payments.
The state clearly needs more tools to enforce child support orders. This may very well be the best option for people who habitually do not meet their obligations. The 2005 audit found a number of people with sizable incomes who owed tens of thousands of dollars in back child support. In those cases, the state needs more leverage to ensure payments are made.
For others, the loss of a driver's license may mean the loss of a job. It is counterproductive to take away a person's means to work and expect them to meet their child support obligations.
For this measure to work, the Office of Recovery Services would need to establish workable administrative rules to enable people to appeal license suspensions and revocations or to seek reinstatements once they have established a payment history.
Lawmakers are also contemplating revisions to the state's child support guidelines. This measure would increase child support amounts for parents with one child by 25 percent in some cases. This proposal is strongly opposed by some noncustodial parents.
Establishing equitable guidelines will be fraught with emotion. But the schedule has not been changed in more than 12 years, and lawmakers need to increase support levels. The strength of Utah's economy and low unemployment rate bode well for an increase to these guidelines.
Frankly, it is difficult to understand why noncustodial parents do not pay child support. Noncustodial parents have legal and moral obligations to provide for their children, regardless of the state of their relations with their former spouses. This should not become the business of the state.
But for those who refuse to pay, ORS needs more enforcement tools to bring deadbeat parents into compliance. For some, it may well take the suspension or revocation of their driver's license.
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