Deadbeat parent is a pejorative term referring to
parent
A parent is either the progenitor of a child or, in humans, it can refer to a caregiver or legal guardian, generally called an adoptive parent or step-parent. Parents who are progenitors are First-degree relative, first-degree relatives and have ...
s who do not fulfill their parental responsibilities, especially when they evade court-ordered
child support
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (state or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is ...
obligations or custody arrangements. They are also referred to as
absentee fathers and mothers. The gender-specific deadbeat father and deadbeat mother are commonly used to refer to people who have parented a child and intentionally fail to pay
child support
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (state or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is ...
ordered by a
family law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations.
Overview
Subjects that commonly fall under a nation's body of family law include:
* Marriag ...
court or
statutory agency
A statutory body or statutory authority is a body set up by law (statute) that is authorised to implement certain legislation on behalf of the relevant country or state, sometimes by being Primary and secondary legislation, empowered or deleg ...
such as the
Child Maintenance Service.
Child support arrears
According to the
United States Census Bureau
The United States Census Bureau, officially the Bureau of the Census, is a principal agency of the Federal statistical system, U.S. federal statistical system, responsible for producing data about the American people and American economy, econ ...
, 42% of custodial mothers (as "
obligees") received all child support that they were owed and 70.5% received some in 2009. Additionally, 34.1% of custodial fathers (as "obligees") received all child support that they were owed and 72.9% received some.
Child support assessments are made based on a variety of formulae, and vary from state to state in the United States. According to one study 38% of Illinois "obligor" parents not paying child-support said they lacked the money to pay; 23% used non-payment to protest a lack of visitation rights; and 69% complained of no accountability over the spending of their child support money, while 13% said they did not want their child or children and 12% denied parentage, (see
paternity fraud
Paternity fraud is one form of misattributed paternity or paternal discrepancy. Specifically, paternity fraud is the intentional misidentification of a child's biological father. Paternity fraud is distinct from other, unintentional misattribut ...
).
According to a California study, 76% of the $14.4 billion in child support arrears in California has been attributed to "obligors" who lack the ability to pay (see Figure 1, pp. 5-4). In California, the "deadbeat" parents had a median annual income of $6349, arrears of $9447, ongoing support of $300 per month. One reason given for this was that 71% of the orders were set by default—meaning that person who supposedly owes support was not personally served with a notice to appear before the court or administrative agency. A notice is sent to the last known address, which may have changed.
Alternative terms for deadbeat parents who lack the ability to pay are "deadbroke" and "turnip" (as in "you can't get blood out of a turnip").
Child support enforcement in the United States
Legislation
The U.S. law known as the
Bradley Amendment
In United States law, the Bradley Amendment () is an amendment intended to improve the effectiveness of child support enforcement. It is named after Senator Bill Bradley, who introduced it.
The Bradley Amendment requires state courts to prohibit ...
was passed in 1986 to automatically trigger a non-expiring
lien
A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the pers ...
whenever child support becomes overdue.
* The law overrides any state's
statute of limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In ...
.
* The law disallows any judicial discretion, even from
bankruptcy
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the deb ...
judges.
* The law requires that the payment amounts be maintained without regard for the physical capability of the person owing child support to promptly notify the authorities of changes in their circumstances, or their awareness of the need to make the notification.
The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, 42 U.S.C. 653a, established in 1997 a
New Hire Registry The New Hire Registry is a program established in the United States pursuant to the '' Personal Responsibility and Work Opportunity Reconciliation Act'' (PRWORA) of 1996, 42 U.S.C. 653a, which required each state, the District of Columbia, and the F ...
in which all employers in the United States, private or public, State and Federal, must report all newly hired employees within 20 days or less depending on how they report. The report includes name, address and Social Security number of each new employee. States are required to match reports of newly hired employees against social security numbers of persons having outstanding child support orders, and to issue an order to the employer to withhold and forward unpaid child support payments.
Many
U.S.
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 states and a federal capital district, Washington, D.C. The 48 contiguous ...
states have passed laws that allows the
Department of Public Safety in the state to use its information to find the non-compliant parent and call them to account for their actions.
There are now many collections-oriented sites on the Internet that mention or highlight deadbeat parents, some even showing mug shots and marking the photos as "found" in the style of the
FBI's "most wanted" list.
Action taken against defaulting parents
In the United States, persons in arrears for child support payments
are potentially subject to incarceration. Other penalties for child-support non-payment also exist. Many U.S. states suspend an individual's licenses (i.e.
driver's license
A driver's license, driving licence, or driving permit is a legal authorization, or the official document confirming such an authorization, for a specific individual to operate one or more types of motorized vehicles—such as motorcycles, ca ...
,
business license
Business licenses are permits issued by government agency, government agencies that allow individuals or companies to conduct business within the government's geographical jurisdiction. It is the authorization to start a business issued by the loc ...
,
contractor license) if that individual has significant
arrearage in support payments or does not consistently pay support. This authority does not extend to professionals who receive licensure through non-
governmental agencies
A government agency or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government (bureaucracy) that is responsible for the oversight and administration of specific functions, s ...
. In 2000, the state of
Tennessee
Tennessee (, ), officially the State of Tennessee, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Kentucky to the north, Virginia to the northeast, North Carolina t ...
revoked the driver's licenses of 1,372 people who collectively owed more than $13 million
USD
The United States dollar (symbol: $; currency code: USD) is the official currency of the United States and several other countries. The Coinage Act of 1792 introduced the U.S. dollar at par with the Spanish silver dollar, divided it int ...
in child support. In
Texas
Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
non-custodial
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the rig ...
parents behind more than three
month
A month is a unit of time, used with calendars, that is approximately as long as a natural phase cycle of the Moon; the words ''month'' and ''Moon'' are cognates. The traditional concept of months arose with the cycle of Moon phases; such lunar mo ...
s in child-support payments can have
court-ordered payments deducted from their wages, can have federal
income tax
An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
refund checks,
lottery
A lottery (or lotto) is a form of gambling that involves the drawing of numbers at random for a prize. Some governments outlaw lotteries, while others endorse it to the extent of organizing a national or state lottery. It is common to find som ...
winnings, or other money that may be due from state or federal sources intercepted by child support enforcement agencies, can have licenses (including
hunting
Hunting is the Human activity, human practice of seeking, pursuing, capturing, and killing wildlife or feral animals. The most common reasons for humans to hunt are to obtain the animal's body for meat and useful animal products (fur/hide (sk ...
and fishing licenses) suspended, and a judge may sentence a nonpaying parent to jail and enter a judgment for past due child support. However, on 4 September 1998, the
Supreme Court of Alaska upheld a law allowing state agencies to revoke driver's licenses of parents seriously delinquent in child support obligations.
And in the case of ''United States of America v. Rosen'', U.S. Court of Appeals (2nd Cir., 1996), the court upheld the
constitutionality
In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applic ...
of a law allowing federal fines and up to two years imprisonment for a person willfully failing to pay more than $5,000 in child support over a year or more when said child resides in a different state from that of the non-custodial parent.
Socially, deadbeat parents risk motivating their children to violate
filial responsibility laws
Filial responsibility laws (filial support laws, filial piety laws) are laws in the United States that impose a duty, usually upon adult children, for the support of their impoverished parents or other relatives. In some cases the duty is extended ...
when they are grown.
See also
*
California Child Support Guideline Review
Each U.S. state is responsible for developing a child support enforcement program that complies with federal requirements, including a guidelines method of calculating child support. At minimum, 45 C.F.R. 302.56 requires each state to establish an ...
*
Child custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...
*
Child neglect
Child neglect is an act of caregivers (e.g., parents) that results in depriving a child of their basic needs, such as the failure to provide adequate supervision, health care, clothing, or housing, as well as other physical, emotional, social, ...
*
Child Support Agency Australia
The Child Support Agency (CSA) was an Australian Government organisation which was established in 1988 to administer the assessment and collection of child support under the Australian Government's Child Support Scheme.
In 2011, the Child Support ...
*
Child support in the United States
In the United States, child support is the ongoing obligation for a periodic payment made directly or indirectly by an "obligor" (or paying parent or payer) to an "obligee" (or receiving party or recipient) for the financial care and support of chi ...
*
Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
*
Family law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations.
Overview
Subjects that commonly fall under a nation's body of family law include:
* Marriag ...
*
Paternity
Paternity may refer to:
*Father, the male parent of a (human) child
*Paternity (law), fatherhood as a matter of law
* ''Paternity'' (film), a 1981 comedy film starring Burt Reynolds
* "Paternity" (''House''), a 2004 episode of the television seri ...
*
Paternity fraud
Paternity fraud is one form of misattributed paternity or paternal discrepancy. Specifically, paternity fraud is the intentional misidentification of a child's biological father. Paternity fraud is distinct from other, unintentional misattribut ...
*
Tax refund interception
A tax refund interception, also referred to as a tax refund offset, is the act of an agency responsible for sending tax refunds using all or part of a refund to fulfill an obligation of the taxpayer rather than sending the money to the taxpayer him ...
References
Further reading
* Shackelford, T. K., Weekes-Shackelford, V. A., & Schmitt, D. P. (2005). "An evolutionary perspective on why men refuse or reduce their child support payments". ''
Basic and Applied Social Psychology
''Basic and Applied Social Psychology'' (''BASP'') is a bi-monthly psychology journal published by Taylor & Francis. The journal emphasizes the publication of empirical research articles but also publishes literature reviews, criticism, and methodo ...
'', 27, 297–306
Full text* Warsak, Richard A. (1992). ''Custody Revolution: Father Custody and the Motherhood Mystique''. Simon & Schuster.
* Bender, William N. and Renet L. Bender, ''The Deadbeat Dad Myth: Strategies and Research in Defense of Men in Divorce''.
The University of Georgia, Institute of Government
''The'' is a grammatical article in English, denoting nouns that are already or about to be mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The' ...
.
* Braver, Sanford L., and O'Connell (1998). ''Divorced Dads: Shattering the Myths''. Penguin Putnam Inc., New York.
*
Baskerville, Stephen (2007). ''Taken into Custody, The War against Fathers, Marriage, and the Family''. Cumberland House, Tennessee.
* Census bureau statistics and imprisonment for debt information is provided by the
Children's Rights Council
The Children's Rights Council (CRC) is a non-profit organization dedicated to help divorced, separated and never married parents to remain active in their child’s life. The organization focuses on children’s rights advocacy for shared pare ...
, Lanham, MD 20740/
External links
In Defense of 'Deadbeat' Dads- suggesting deadbeat dads should be released to ease prison crowding
18 U.S. Code § 228- U.S. Federal law, "Failure to pay legal child support obligations"
- child support enforcement
{{Parenting
Child abuse
Child support
Fatherhood
Pejorative terms for people