While directed to NYS the following letter can be used as a template in other states with minor modifications.
Chief Administrative Judge Lawrence Marks, NYS Unified Court System 25 Beaver St. New York, NY 10004
Commissioner Michael P. Hein, Office of Temporary Disability Assistance 40 N. Pearl St. Albany, NY 12243
Commissioner Scott Lekan, ACF, Office of Child Support Enforcement 330 C Street, S.W. Washington, DC 20201
Dear Sirs;
I am writing on behalf of the New York State child support payers for information and with suggestions to help in these trying times. With 10 million jobless claims in the past 2 weeks alone it is apparent that the system is going to see massive filings to reduce payments due to loss of income through no fault of the payers. I am asking what measures are being put into place to ensure that everyone get due process and no one falls through the cracks and is penalized by the system?
I am unsure if relief payments will be seized in the Federal and State Tax Offset Programs for payers in arrears and look for clarification of this fact. Also, how is the per child payment to families to be calculated, to those that get the child deduction on the 2018 tax filing? Or “custodial” and “non custodial” status on custody agreements? If circumstances changed after the 2018 tax year how would parents ensure the child relief payment gets distributed correctly?
I see NYC Family Court allows virtual courts, is this being expanded outside of NYC due to the current travel restrictions? And to prevent persons from having to travel unnecessarily, what measures are being put into place to allow filing of documents by electronic means such as email or web page platforms with fill in the blank forms? Are filing rules being loosened to allow electronic filings in place of time stamped documents?
Government is asking mortgage holders, landlords, and creditors to delay collection methods and to not apply interest and penalties for missed or late payments. Is the Child Support Collection System going to do the same?
Certainly some vindictive parents will use the shelter in place order to deny a parent their parenting time with the children. What system of expedited filing and methods for enforcement is in place? Given that the children are not attending school and both parents are likely at their separate homes, either out of work or working from home, what is the procedure to handle the filings for physical shared parenting as parents are now equally available to parent their children during this crisis?
I suggest that the system stop all methods of punitive arrears collection (suspension of licenses, garnishments, etc.), including suspending the Federal and State Tax Offset Programs for the duration of the crisis. We all know the number one reason a person doesn’t pay is inability due to poverty and the current financial mess is certainly bound to add many more to those unable to pay.
I suggest that judges waive mandatory filing rules so that filings can be considered based upon a preponderance of the evidence of the actual date of change and not the date of filing. Also, the system needs to accept electronic filings to prevent both court personnel and users from having to interact in person subjecting all to possible infection by this dreaded virus. And a system of conference calling needs to be in place of physical hearings.
I close thanking you for your attention to these matter and I look forward to hearing from you. I am available by email, through the web site, or by phone on request.
Sincerely,
Sent electronically and hard mail
CC: Web site, social media postings