Babauta OKs bill withholding pay for child support

Gov. Juan N. Babauta signed yesterday a bill authorizing the withholding of income for child support from “non-responsive” parents.

Babauta signed into law House Bill 14-122, which aims to authorize employers to withhold income derived in the Commonwealth to enforce support orders, to make all missed support payments automatic judgments, and to provide for mandatory medical support and for other purposes.

“In my opinion, this bill is close to being a landmark. It has very, very strong provisions in favor of the child or children,” said the governor in signing the bill.

He said findings showed that withholding one’s income is the most effective way to compel some parents to provide for children.

“The bottom line is to make individuals fully accountable for their support obligations and to provide a strong enforcement mechanism to ensure that such support obligations are met,” he said.

Child support program proponent Lucy Blanco said there have been “blatant disregard” by certain parents, usually fathers, to pay their child support obligations despite the existence of court orders.

Blanco said the measure, which calls for the creation of a CNMI Disbursement Unit within the Department of Finance, would not cover those whose arrangements are working.

“If your existing child support scheme is working—if the non-custodial parent is paying properly and is on time—you don’t have to be covered by this,” she said.

An earlier House committee report on the bill, which was introduced by Reps. Norman Palacios and Benjamin Seman, cited that current laws provide that child support is “an obligation that takes priority over all other obligations, except for mandatory wage deductions such as taxes and social security.”

Right now, the report said that one in four children in the United States—more than 10 million children—grows up in a single-parent household, and millions of them fail to receive the financial support that they are owed.

The Commonwealth, it said, has not kept pace with child support enforcement reform measures that have been enacted by the federal government, resulting in the continued failure of non-custodial parents to provide the necessary monetary or medical support to the children.

It said the courts simply do not have the tools to compel non-custodial parents to comply with court orders.

In addition, it said that the Commonwealth has missed the opportunity to attain federal matching grants to assist with child support enforcement efforts.

The bill specifically aims to provide effective enforcement tools for tribunals and meet some of the criteria to qualify for federal matching funds.

The measure provides that employers or payors shall receive a notice from the court as to the amount of money to withhold from employees’ salary.

Under the measure, the CNMI disbursement unit would ensure that funds received from the enforcement of an income-withholding order are deposited into a special, separate account and are subsequently disbursed promptly to the individual or family to whom the support is owed.

The Secretary of Finance is required to promulgate rules and regulations for the receipt and release of support payments.

“This increases the duties and responsibilities of the Secretary of Finance without commensurate increase in the number of personnel for funds,” said the governor.

In his transmittal letter to the Legislature, he said that certain concerns have been submitted to the administration implying that the enforcement mechanisms provided for in the measure “do not provide adequate due process to individuals that have not met their support obligations.”

“These concerns further imply that the Legislature should have taken into consideration the fact that courts or tribunals from jurisdictions outside of the CNMI may issue income-withholding orders that do not account for the unique structure of our community and our traditions,” he said.

Yet, the governor also took note that the AGO has officially expressed confidence that the enforcement measures afford due process of law, both substantive and procedural, for all affected individuals.