PROBLEM 1 - MONEY TALKS

One dirty secret of the child support system is that it is incentivized by federal money.

PROBLEM 2 - CHILD SUPPORT UNRELATED TO FINANCIAL NEED

Child support is not tied to the necessary financial needs of the child.

Child support guidelines were created to provide some uniformity to child support calculations. However, those guidelines often provide financial incentives to custodial parents to have serial children with multiple child support payers.

Under Minnesota's pre-2007 child support guidelines, a non-custodial parent would pay child support that is usually 25% of of that parent's net income. If that individual is a father and he has two children with the same mother, he would pay 30% of his net monthly income. If, however, he has a second child with a second mother, he would pay another 25% of his net income after deducting the first obligation. Similarly a mother with three children from three different fathers could receive 25% of the net income from each father. See the incentive?

A simple review of child support awards in absurdly unbalanced cases also supports the conclusion that child support guidelines often ignore reason. In 1995, the actor Jim Carrey agreed to pay $10,000 a month in child support for their daughter, Jane. Recently, his ex wife, Melissa has asked the courts to increase that amount. Similarly, a court recently awarded the mother of the child of actor Matt LeBlanc a staggering $15,000 per month.

PROBLEM 3 - DEADBEATS CREATED BY SYSTEM WHERE RETROACTIVE MODIFICATION IS NOT ALLOWED

Under the law, a court cannot modify a child support obligation retroactively. As a result, parents that fall on unanticipated hard times may find themselves falling behind in child support. Even when a motion is filed, the hearing may be scheduled many months into the future. In the interim, the unemployed parent may be labeled a deadbeat, have their driver's license suspended, and incur judgments and interest on judgment for any arrears.

One of the most compelling examples of this problem occur with the National Guard. With war in Iraq and Afghanistan, increasing numbers of Minnesota troops are activated and reserve units deployed. Many of those troops, unfamiliar with the system or how to modify support in the short term are unable to have child support hearings held before they are deployed. With their reduced wages, all too often they fall behind in child-support payments. Once they fall behind, they incur penalties and interest as well has having Judgments docketed against them. Even given their special circumstances, there is no forgiveness for those arrears.

CONCLUSION

There must be major reform in the child support industry. Child support guidelines must be modified to reflect contributions for actual child support expenses rather than based on a rigid grid formula that is in place today. The laws must also allow some flexibility for modifying child support, even retroactively when special circumstances exist. Perhaps the best solution would be legislation that creates a presumption for joint physical custody thereby eliminated or significantly reducing child support awards.

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