WHY CHILD SUPPORT MATTERS

J. CORPENING

CHIEF DISTRICT COURT JUDGE

NEW HANOVER/PENDER COUNTIES

WHY CHILD SUPPORT MATTERS

• IT’S THE LAW!

• JUDGE DREDD: “I AM THE LAW”

WHY CHILD SUPPORT MATTERS

• MUST BE SOMETHING MORE

• FUNDAMENTAL: PROTECTION OF THE FAMILY

• SUBSECTION IN CHAPTER 14

• FOCUS OF CHAPTER 50

• WHAT HAPPENS WHEN CHILD SUPPORT NOT PAID?

• POLAR STAR

WHY CHILD SUPPORT MATTERS

• IS FAILURE TO SUPPORT A CRIME?

• 14.322 ABANDONMENT AND NONSUPPORT OF SPOUSE/CHILD

• 14-322.1 ABANDONMENT FOR 6 MONTHS WITH INTENT TO AVOID SUPPORT

• NOTE: 14-326.1: CRIME NOT TO SUPPORT YOUR PARENTS

WHY CHILD SUPPORT MATTERS

• WHY SHOULD IT BE A CRIME NOT TO SUPPORT YOUR CHILDREN?

• WHAT HAPPENS WHEN MONEY RUNS SHORT

• TWO HOUSEHOLD RULE

WHY CHILD SUPPORT MATTERS

• BUT, DOES CRIMINAL PROSECUTION WORK?

• PROS/CONS

• HENCE, DSS, CHILD SUPPORT AGENCIES, CHAPTER 50 AND CHAPTER 110

WHY CHILD SUPPORT MATTERS

• PRIMARY PURPOSES IN CIVIL COURT

• PROTECTION OF FAMILY

• RECOUPMENT OF GOVERNMENT FUNDS

• VEHICLE TO CONNECT FATHERS TO FAMILY IN MEANINGFUL WAY

• WHY IS THIS IMPORTANT?

WHY CHILD SUPPORT MATTERS

• IS FAILURE TO SUPPORT CHILD NEGLECT OR ABUSE?

• NOT BY DEFINITION, BUT….

• TPR

• 6 MONTHS ABANDONMENT

• 6 MONTHS FAILED TO PAY REASONABLE PORTION OF COST OF FOSTER CARE

• 12 MONTHS FAILED TO PAY UNDER A CS ORDER

• SO IS IT NEGLECT OR ABUSE?

WHY CHILD SUPPORT MATTERS

• WHAT ARE SOME OF THE VIEWS IN OUR COMMUNITIES ABOUT CHILD SUPPORT?

• WHAT CAN WE DO IN RESPONSE?

WHY CHILD SUPPORT MATTERS

• OUR CHALLENGE: ESTABLISH AND ENFORCE REASONABLE ORDERS IN A TIMELY FASHION

• IMPACT ON RECIPIENT/CHILDREN

• IMPACT ON OBLIGOR

• SIGNIFICANCE OF COURT DAY

• WE CAN’T TAKE FOR GRANTED

WHY CHILD SUPPORT MATTERS

• FUTURE OF OUR COMMUNITIES MAY BE SHAPED IN OUR CHILD SUPPORT COURTROOMS

SCRA

• ANYONE WANT TO VENT?