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2004 SESSION

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045491364
HOUSE JOINT RESOLUTION NO. 75 Offered January 14, 2004 Prefiled January 8, 2004 Requesting the Department of Social Services to study the due process accorded noncustodial parents in the enforcement remedies used by the Division of Child Support Enforcement. Report. ---------- Patron-- Jones, D.C. ---------- Referred to Committee on Rules ----------

WHEREAS, according to the Government Accounting Office, only 10 percent of fathers in arrears on child support are resisting paying, and the vast majority cannot pay because of unemployment, illness or other reasons; and

WHEREAS, even though these noncustodial parents find their earnings decreased due to lay-off, injury, illness, or other reasons, the mechanism for modification of administrative support orders is very slow to respond; and

WHEREAS, noncustodial parents faced with huge arrears due to their inability to make full payment of child support can be adjudged criminals and imprisoned; and

WHEREAS, Dr. Richard Wiess, Associate Professor at Auburn University and Director of DADS of Alabama, suggests, "If half of the energy and money spent turning perfectly decent parents into criminals were spent on poverty, there wouldn't be a poverty problem"; and

WHEREAS, millions of dollars are being spent nationally to develop linked computer systems to locate and seize the "assets" of "deadbeat parents," when the primary reason that most noncustodial parents fall behind in their child support is inability to pay; and

WHEREAS, some argue the enforcement remedies used by child support enforcement offices across the nation violate the constitutionally guaranteed civil rights of noncustodial parents, specifically due process; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the Department of Social Services be requested to study the due process accorded noncustodial parents in the enforcement remedies used by the Division of Child Support Enforcement. In conducting this study, the Department of Social Services shall evaluate the enforcement remedies used by the Division of Child Support Enforcement, describe the due process procedures currently accorded noncustodial parents prior to enforcement action, and make legislative recommendations to enhance the constitutional requirements of due process for noncustodial parents.

The Department of Social Services shall submit to the Division of Legislative Automated Systems an executive summary and report of its progress in meeting the request of this resolution no later than the first day of the 2005 Regular Session of the General Assembly. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.