Gambling Winnings and Child Support

    Ohio has now implemented an intercept program so that winners at the four casinos in Ohio may trigger data base checks.  If the winner wins $1,200 or more from slot machines, $5,000 or more from table games or $600 or more from high-stakes games, then their name is checked against a data base for child support owed.  If anything is owed, it is taken out of the winnings.  Ohio’s seven racinos, run by the Ohio Lottery, also participates in the program and checks winnings of $600 or more for child support. 
http://www.dispatch.com/content/stories/local/2014/09/22/winners-to-pay-child-support.html

     Apparently, Ohio is not alone in this initiative.  Louisiana has a similar program to collect child support from gambling winnings.
http://www.klfy.com/story/26376451/state-collects-2-million-in-child-support-payments-from-gamblers

    Generally, states take child support seriously and if it is owed, it does not go away.  It is non-dischargeable in bankruptcy and will go against the owing parent’s estate.  This is true even if the child is an adult.   Child support services has a long reach in collecting the money.  They can do anything from garnish wages to intercept tax refunds to suspend licenses issued by the state. 

Update on Failure to Make Child Support Payments

    An update on my previous blog from last week (July 1)!  Apparently, Houston resident, Clifford Hall, who was jailed for failing to pay child support has been released after one week.  Hall’s wages were being withheld to pay the child support but, due to some type of clerical error by his employer, the wages were improperly withheld or not being paid to the mother.  He is current and has paid $1,000 extra but was still sentenced to six months in jail due to the existing Texas law.    

    He is now released after serving one week and has set up visitation with his son.  

http://www.chron.com/news/houston-texas/houston/article/Man-jailed-for-failure-to-pay-child-support-to-be-5596990.php

Failure to Make Child Support Payments

    Clifford Hall from Houston, Texas was sentenced to six months in jail for failure to pay his child support.  He fell behind and owed more than $3,000 in child support.  His wages were garnished but his company failed to submit the money to the court for his ex-wife to collect.  Hall has become current plus an extra $1,000 but could not avoid facing jail time based on a Texas law. 

http://www.click2houston.com/news/dad-begins-jail-sentence-in-complicated-child-support-case/26639554
 
    When making support payments (spousal or child), make sure that you have proof of payment.  If you are making the payments directly to the other person, then keep good records of your checks or bank statements showing payment.  This can also be helpful in the future if the other party claims that you failed to make payments.  If you can’t prove that you made the payments, then you probably won’t get credit for them.   Failure to pay child support can lead to a number of unpleasant consequences ranging from suspension of your driver’s license to jail time.

Child Support Owed to an Incarcerated Parent

    Tracey Richter is serving life in prison in Iowa for the 2001 murder of 20 year old Dustin Wehde.  Richter has been receiving child support arrears payments from her ex-husband, Michael Roberts who began paying back the child support owed after their divorce.  After she had received $2,000 in payments from Roberts, a judge ordered that Richter no longer has any dependents and doesn’t need the money to support herself.  The judge ordered that the funds be garnished and go to pay the $150,000 restitution that Richter owes Wehde’s family.

    Roberts eventually received custody of the their children and moved back to his native Australia.  He still owes approximately $45,000 in child support arrears and $60,000 in property and attorney fees.  This is still owed even if Richter is incarcerated.  Once child support is incurred, then it’s owed and you can’t get rid of the obligation.  It’s non-dischargeable in bankruptcy and becomes a creditor against your estate after your death.  So, just because Richter is in jail for life doesn’t mean that Roberts doesn’t owe the back child support.  The judge made the decision here that the payments that would have gone to Richter because it’s back child support technically owed to her, will go to settle an existing debt she owes, the restitution.

    It also should be noted that Richter currently owes Roberts $20 per month in child support under a separate court order.  This current order doesn’t affect the amount of arrears that Roberts owes since that is already an existing and calculated debt.

http://www.kcci.com/news/judge-child-support-will-go-to-murder-victim-restitution/26416116#!Xc2pS

http://www.desmoinesregister.com/story/news/crime-and-courts/2014/06/11/judge-orders-child-support-restitution-tracey-richter/10312483/       

No More Babies if You Owe Support?

    In September 2012, an Ohio man, Asim Taylor, 36 years old now, pled guilty to four charges of non-payment of child support for his four children and was sentenced to five years of probation.  In January 2013, Taylor agreed and was ordered to pay $1,700 of his $96,000 arrearage by October 16, 2013 or else he would serve 30 days in jail (a process called a “purge”).  Taylor failed to pay the purge amount and was sent to jail.

    The court ordered that Taylor was not to get any other women pregnant until he could support the four children that he already has.  Specifically Taylor was ordered to “make all reasonable efforts to avoid impregnating a woman during community control or until such time that [Taylor] can prove to the court that he is able to provide support for his children he already has and is in fact supporting the children or until a chance in conditions warrant the lifting of this conviction.”

    Taylor appealed this decision arguing that the probation condition that he could not procreate was unreasonable and unconstitutional.  On appeal, the Ninth Circuit upheld the lower court’s decision but found that they were unable to determine the merits of the sentence.  The record was not adequate for a complete review and to determine the circumstances behind the court’s imposition of probation.  Taylor pled guilty so there was no trial record and the sentencing record was minimal.  The trial court was to determine probation conditions with reference to the purpose of probation and the circumstances of the case.  The appellate court was unable to determine, based on the record provided, whether the condition was reasonably related to rehabilitation, had a relationship to the crime, and relates to future criminal activity. 
http://www.morningjournal.com/general-news/20140513/ninth-district-court-of-appeals-upholds-lorain-child-support-case

There is a duty for parents to support their children. The premise of the Judge's orders appears to be to ensure that Taylor doesn't have more children until he can financially support the children that he has already fathered.  As an order restricting someone's ability to procreate, however, there might be some constitutional issues.  Also, it is unclear how the order would be enforced, or the penalties if violated (if he does, in fact, have another child).