Child Support Reforms Are Long Overdue

The forces that drove Herbert Chalmers over the edge run much deeper than most of us are aware of.

Illegitimacy is an entitled activity producing more income for poor women than marriage does. Judges often impute income to raise the child support orders to match what the state would pay in welfare. This goes against the meaning of Jackson v. Rapps, a 1991 case where DCSE was found in violation of federal law for setting support orders to match state debt instead of at the obligor’s ability to pay. This is why 70% of black children in St. Louis are now born out of wedlock.

Men such as Herbert Chalmers are wanted for only one thing: a valueless check that prevents St. Louis from having strong families and a robust community.

Child support orders affect several hundred thousand Missouri residents. But nobody knows where the child support tables come from. The tables are invented behind closed doors by a Supreme Court Committee headed by Judge Tom Frawley. Judge Frawley refuses to conduct federally-mandated triennial child support administrative reviews openly as required by the Missouri Sunshine Law. A letter to us from Sherri Paschal, Court Services Coordinator for the Missouri Supreme Court, stated “This committee acts in a judicial capacity; therefore, is not governed by Chapter 610”. Chapter 610 clearly requires open meetings by “judicial entities when operating in an administrative capacity”. The State’s Attorney’s office declined to press the issue.

The review committee did not perform a numerical analysis of the tabular basis, as required by federal law, but focused on reshaping the support form to make it maximally difficult for fathers to get credit for their parenting time.

Caseworkers often do not call back. Parents often must call the Director’s office to get attention paid to their case. Filing for hearing does not prevent the Department of Child Support Enforcement (DCSE) from executing a garnishment. Hearings are held by informal telephone conversation with a hearing officer in Jefferson City. Examination of documents is difficult. Appeals must be heard in Cole County, making appeal impossible for poor men.

DCSE knew the Chalmers order was incorrect. A letter from a DSCE investigator in the St. Louis office to the circuit clerk’s office, dated August 16, 2000, indicated DCSE was aware they were executing on an amount for which no court order existed.

DCSE claims it attempted to contact Herbert Chalmers five times. Did a poor man like Chalmers even have a telephone number? Did they try to call him at work? Dead men do not need privacy. DCSE should release the file instead of making anecdotal claims.

We must reform child support to become “marriage neutral”. Child support should be ordered as a percentage of each paycheck. Fixed support orders are always unfair. They let some parents off cheaply, while sending others into fits of rage. The Missouri legislature has much work to do next session reforming Missouri’s child support laws for the benefit of all Missourians.

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David R. Usher is President of the
American Coalition for Fathers and Children, Missouri Coalition