Va Family Law Reform Coalition

DEAD BEAT DAD OR ELECTION YEARS POLITICS?

Debtor's Prison story:

Canyon Lake Times Guardian, TX - 06 Nov 2002

Deadbeat dad or election-year pawn?

Published Nov. 6, 2002

Guest Column by Peggy Sengler

My husband is in jail. He did not rob a bank or convenience store -- in fact, he has never owned a gun. He did not commit a burglary, stab anyone, or sell drugs. He does not do drugs. In fact, he does not even smoke or drink alcohol.

What is his crime? My husband is a dad -- an underemployed dad. Now he is in jail, being labeled a "deadbeat dad."

As of Oct. 10, he is unemployed -- because he is in jail.

Yes, there was a brief [lapse in his] child support payments shortly after he lost his job in June. Until that time, child support payments were being made every month, usually split up weekly, as that was the frequency of his paycheck.

After less than 10 weeks of unemployment (with no unemployment compensation benefits), he landed a new job and started the first week of September.

With a knock on the door, everything changed, as a law enforcement officer delivered yet another summons from the Texas Attorney General. "Be in court Sept. 19," it ordered. During the AG's hearing on that date, a considerate court master (judge) recognized the relative brevity of the unemployment period, the fact that my husband had returned to work and that [he was making an effort to pay child support]. Could my husband prepare a case and come back to court on Oct. 10?

Of course -- but he asked the court to appoint an attorney, as we could not afford one. Forms were completed showing income versus monthly bills. That "considerate" court master denied my husband's request for court-appointed counsel - because I am on Social Security. I am disabled. My husband and I have a two-year-old daughter as well.

We prepared as best possible for my husband [to represent himself] at the hearing, gathering receipts, payment records, correspondence with the AG's office and copies of wage withholding orders, etc., which we compiled into five exhibits for evidence. In addition, we had a letter from Central Texas Rural Legal Aid stating they would not provide legal assistance in a child support case, and that we must hire a private attorney.

We even prepared a detailed statement to the judge, as my husband becomes nervous and loses track of his thoughts. If necessary, the judge could read his statement. I was unable to be with my husband at the scheduled hearing, as I had no child care for our daughter.

Calling from the courthouse halls, my husband informed me he would be going to jail for six months; they were taking him right away.

What about the hearing? That would be some time in the afternoon, he explained. So, in essence, he was sentenced before being able to present any evidence to the court. There was a hearing in the afternoon. From the visitation phone at the Comal County Jail, my husband told me the Assistant AG asked but one question - "Do you have any questions of your ex-wife?"

What? Although not present for the "hearing," I went to the Comal County Courthouse in the afternoon to retrieve my husband's things, including the sentencing order, and to ask questions. I was able to get all of the evidence back a folder about 2-1/2 inches thick of payment documentation and all the other exhibits we had prepared. Responses to my questions were not only abrupt, but downright rude! I asked if my husband would be let out during the day to work and return to the jail the remainder of the time (work release). "Absolutely not!" the assistant AG told me. "This is your husband's punishment!"

"Punishment for what?" And I started to cry. "For not paying his child support!" the assistant AG retorted. But he had been paying, shy the nine weeks of unemployment, for which the first judge had reset the case.

Despite my pleas to present all the payment records and denials of our request for assistance, I was told simply by the assistant AG that I was not a party to the case and had no right to interfere! Interfere? I am his wife and the mother of his daughter! What about us? Don't we matter? What are we supposed to do?

"That's your problem, lady," the assistant AG added. "You could always divorce him and get your child's share." What? (Is anyone on the November ballot touting family values?)

Current Texas law only allows employers to withhold 50 percent of an obligor's disposable income (after taxes) to pay child support. Income for someone working full time at $7.50 per hour ends up be about $1,300 per month. After 20 percent taxes, that leaves a whopping $1,040 per month. Taking into account the 50 percent rule, only $520 can go to child support. Given that amount, my husband is put into automatic arrears every month (his CS totals $800) - a vicious cycle for which the AG has punished him. Needless to say, we live paycheck to paycheck.

Adding insult to injury, the companies who offer these pay rates usually classify non-management personnel as part-time (34 hours or less per week) to avoid paying insurance and other company benefits.

Furthermore, these are typically the jobs considered "menial," like food service, retail, and "grunt" labor. My husband has never been ashamed to do any of these jobs, but has only been able to do same by virtue of his education and life skills.

He has played music professionally for 32 years - since the age of nine (not a profitable venture unless you play for someone who has been bought by a record label.) He has only a high school diploma. But this has never stopped him from working an honest job.

In fact (and fortunately), the company for which he started working five weeks before he was jailed has been very supportive and wants him back to work as soon as he is released, regardless of the duration of incarceration! He has made sandwiches, watched holes at construction sites, sold musical instruments and the like, but has always been willing to work. I've known my husband for 27 years. I am, therefore, intimately aware of his character. So, my husband sits,unproductive, in jail, unable to work to pay child support (not to mention costing the taxpayers of Comal County a lot of money to house him).

I just wonder if the ex-wife realizes that - as a Comal County taxpayer - she is actually contributing to my husband's room and board for the next six months, while her son reaps no child support benefit. Probably not! Being an election year, I am confident that we have become a notch in John Cornyn's gun stock, as perhaps have many other underemployed fathers in the same situation.

Still basking in their successful evasion, many more true deadbeat dads (the ones who refuse to pay or refuse to work) are out there. Unfortunately, people like my husband, with an easily verifiable work record, are quick and easy targets in an election year when candidates want to boast about their successes with "deadbeat dads."

Politicians need to revise their definition of deadbeat dads, while looking at more equitable ways of calculating support obligations. It would be interesting to know candidates' responses to such actions of the AG's office.