Post by Jim on Feb 20, 2009 22:42:22 GMT -5
Georgia Bar Journal
October 2000 - Vol. 6 No. 2
Cover Story
Why Georgia's Child Support Guidelines Are Unconstitutional
By William C. Akins
Prior to the adoption of Georgia’s Child Support Guidelines, codified in O.C.G.A. § 19-6-15, (hereinafter the "Guidelines") in 1989, child support was determined by balancing the needs of the child against the non-custodial parent’s (hereinafter the "NCP") ability to pay. In Georgia and other jurisdictions using similar criteria, this resulted in widely varying obligations. In an effort to bring some predictability and uniformity to child support awards, the federal government mandated the use of economically based numeric guidelines as a requirement for a state’s continued receipt of federal funds under Title IV-D of the Social Security Act.1
The Guidelines adopted by Georgia were taken, with little modification, from those used by the State of Wisconsin (hereinafter the "Wisconsin Model"). Unfortunately for NCPs in Georgia, the Wisconsin Model was designed for use in low-income and poverty situations in which the obligors pay little, if any, income tax. As a result of the erroneous economic assumptions upon which these Guidelines are based, low income NCPs are often pushed below the poverty income level and higher income NCPs pay grossly excessive child support payments which are tantamount to hidden alimony.2
Perversely, the federal laws in effect in 1989 rewarded states based on total dollars of child support collected. Those laws were amended in 1998 to reward efficiency of collection, rather than gross collections.3 That is, from 1989 to 1998, the federal government provided welfare and collection incentive funds to the states based on the gross amount of the total child support payments recovered from NCPs, thus creating a corresponding incentive to establish support obligations as high as possible without regard to appropriateness of amount. The 1998 revision bases welfare and incentive funding on the percentage of child support awards collected, thus rewarding efficient recovery of appropriate awards.
The effect of the earlier federal statute and Georgia’s adoption of Wisconsin Style Guidelines is one of the most onerous child support schemes in the country, and one which violates both substantive due process and equal protection guarantees of the Constitutions of the United States and the State of Georgia.
October 2000 - Vol. 6 No. 2
Cover Story
Why Georgia's Child Support Guidelines Are Unconstitutional
By William C. Akins
Prior to the adoption of Georgia’s Child Support Guidelines, codified in O.C.G.A. § 19-6-15, (hereinafter the "Guidelines") in 1989, child support was determined by balancing the needs of the child against the non-custodial parent’s (hereinafter the "NCP") ability to pay. In Georgia and other jurisdictions using similar criteria, this resulted in widely varying obligations. In an effort to bring some predictability and uniformity to child support awards, the federal government mandated the use of economically based numeric guidelines as a requirement for a state’s continued receipt of federal funds under Title IV-D of the Social Security Act.1
The Guidelines adopted by Georgia were taken, with little modification, from those used by the State of Wisconsin (hereinafter the "Wisconsin Model"). Unfortunately for NCPs in Georgia, the Wisconsin Model was designed for use in low-income and poverty situations in which the obligors pay little, if any, income tax. As a result of the erroneous economic assumptions upon which these Guidelines are based, low income NCPs are often pushed below the poverty income level and higher income NCPs pay grossly excessive child support payments which are tantamount to hidden alimony.2
Perversely, the federal laws in effect in 1989 rewarded states based on total dollars of child support collected. Those laws were amended in 1998 to reward efficiency of collection, rather than gross collections.3 That is, from 1989 to 1998, the federal government provided welfare and collection incentive funds to the states based on the gross amount of the total child support payments recovered from NCPs, thus creating a corresponding incentive to establish support obligations as high as possible without regard to appropriateness of amount. The 1998 revision bases welfare and incentive funding on the percentage of child support awards collected, thus rewarding efficient recovery of appropriate awards.
The effect of the earlier federal statute and Georgia’s adoption of Wisconsin Style Guidelines is one of the most onerous child support schemes in the country, and one which violates both substantive due process and equal protection guarantees of the Constitutions of the United States and the State of Georgia.
Read the Complete Article:
www.economic-indicators.com/GABarJourAkins.htm
