The Ugly Truth About the State of NC, Child Support and Its Children in Poverty.

       NC and its Children in Poverty

The state of NC has over 40,000 of its children living in poverty and they make the problem worse by STEALING CHILD SUPPORT from these children.  In the state of NC, when a family applies for assistance they have to sign over there rights to child support to the state.  The state has the right to keep the amount that they pay to the family.  NC keeps in full all child support paid to these families even though it violates the state law G.S. 110-137 and the federal law DRA of 2005. 

ASSIGNMENT OF RIGHTS

As a condition of eligibility for Work First, the applicant/recipient must assign to the state the "rights to support" from any other person on his/her own behalf, or on behalf of any other family member for whom the applicant/recipient is applying for or receiving assistance. G.S. 110-137 accomplishes an automatic assignment of rights of child support for recipients of Work First for or on behalf of a dependent child up to the amount of WFFA/TANF paid. 

And to add insult to injury it steals money by telling families that they owe money to the state when they leave the rolls of public assistance. They continue to steal the money that is not owed because THEY ARE POOR. This further keeps the family in poverty and creates friction between the parents because the family believes no support is being paid.  This saddles parents that are struggling to pay support with an unnecessary burden. When children feel the parent is not paying child support they also believe their absent parent does not care about them.

RETROACTIVE SUPPORT

RETROACTIVE SUPPORT OVERVIEW

"Retroactive support" is a support amount established for a time period before the start date (or effective date) of a child support obligation. The start date is the date when the first payment is due. Support that is effective on or after the start date is considered to be "ongoing support". A retroactive support amount is owed to the State when custodial parents (CPs) assign their rights to support to the State when they receive Public Assistance (PA) for their children. A retroactive support amount is owed to the CP if CSS establishes a support amount based on the noncustodial parent’s (NCP’s) fair share of specific expenses that were incurred by that CP for the child(ren) prior to the start date of the support obligation.

Since June 30, 1975, acceptance of PA on behalf of a child creates a debt due and owing the state. Under the authority of NCGS 110-135, if child support was required to be paid for a period when PA was received, that support is owed to the State. CSS must address retroactive support owed to the State if PA was received for a child whenever an ongoing support obligation is being established.

If an ongoing obligation is not established, CSS does not pursue retroactive support owed to the State. (For example: The court establishes paternity but does not order ongoing support because the NCP is 17 years old and in school, or the CP and NCP reunite after the establishment process has begun and no ongoing support is established. In these situations, an obligation for retroactive support that is owed to the State should not be established.) If ongoing support is established at a later date and the statute of limitation has not been reached, CSS addresses the establishment of retroactive support owed to the State.



RETROACTIVE SUPPORT OWED TO THE STATE-

RETROACTIVE SUPPORT OWED TO THE STATE-

• Retroactive support is owed to the State if Public Assistance (PA) was paid on behalf of the child during any period(s) prior to the start date of the support order. When custodial parents (CPs) receive PA, they assign their rights to support to the State. Because of the legal principles of "res judicata" and "collateral estoppel", CSS must address the issue of retroactive support owed to the State when establishing the initial child support obligation. If retroactive support owed to the State is not included in the initial order, the opportunity to collect it is lost.
• The CSS program is entitled to pursue retroactive support owed to the State for assistance paid after June 30, 1975 (NCGS 110-135). In accordance with 45 CFR 302.45, support must be based on the child support guidelines and must take into consideration the earnings and income of the parties in the CSS case.
• Retroactive support owed to the State must be determined based on:
The amount of PA paid on behalf of the child(ren); and
The noncustodial parent's (NCP's) ability to pay support during the period when PA was paid on behalf of the child(ren) as determined under the child support guidelines that were in effect at the beginning of the time period for which retroactive support is sought.


INTERGOVERNMENTAL – REQUEST FOR RETROACTIVE SUPPORT OWED TO THE STATE

Prior to October 13, 1989, states submitted petitions for the establishment of an order for the recovery of retroactive support owed to the state for a time period prior to the start date of a child support order, because Public Assistance was paid on behalf of the child only. As of October 13, 1989, states can no longer request the recovery of retroactive support owed to those states from another state based solely on the expenditure of past paid public assistance. However, if the initiating state has established an order for retroactive support owed to the state, a request can be submitted to the responding state to enforce the terms of that judgment or order.

Just because you recieved assistance does not mean that you "OWE THE STATE" and they have no right to collect it  unless it is established in the original court order. 

Millions are being stolen from poor families simply because they are poor.

CHILD SUPPORT DOES NOT GO TO CHILDREN THAT ARE POOR

Millions of families in this country depend on child support payments.  1 in 4 children are living in poverty in every city. The same amount go hungry on a regular basis. Some are homeless or are in unstable homes where they are abused and neglected. Many parents battle the day to day struggle to provide the basic necessities of live.  Our youngest and most vulnerable are put in situations that will terrify adults because of poor decisions made out of desperation.  Young women will trade sex with dangerous people because it provides the means for status and money needed to care for children.  There are many cases where children are harmed because of these decisions.   It has been said that a mother will do whatever it takes to take care of their children. That should not be an issue when support is being paid to the state for the child by the non-custodial parent or NCP.

Oftentimes, the parent will turn to the state for public assistance/welfare/TANF. When this happens the parent has to allow the STATE to pursue the other parent for support.  This brings up the issue of CHILD SUPPORT.  It’s really a great idea when used properly. It insures that a child would receive monies needed for survival and a parent would have a financial means to care for the child that two people brought into the world.  When a parent will not help provide for their child, it means that a court has to intervene on the child’s behalf.  That parent is then brought before a judge to be forced to provide monetary support for the child. In the case of the parents receiving state assistance the state is allowed to collect the support paid to/for that child.  THE STATE DOES NOT TELL THEM THAT THE STATE CAN ONLY COLLECT WHAT IS PAID OUT BY THEM FOR THE CHILD DURING A MONTH.  So the state collects all support because the parent does not know this. Most states  provide less than 400 a month for multiple children even though they are collecting more.  They keep the difference because the state penalizes poor children. This money goes into personal accounts and bonuses for supervisors.

MEETING WITH NC CHILD SUPPORT

I FINALLY GOT A MEETING WITH CHILD SUPPORT SUPERVISORS,  JUDY MCARN

(DIRECTOR), PATRICIA TAYLOR (CUSTOMER SERVICE), DEBBIE HENDERSON AND

TOMICKA HICKS (PROGRAM DIRECTOR).  WELL, I WAS BIT APPREHENSIVE ABOUT

THIS MEETING BECAUSE I COULD NOT UNDERSTAND THE PURPOSE.  MS MCARN

REASSURED ME THAT IT WAS SO THEY COULD EXPLAIN THINGS TO ME.  I TOLD

HER THAT I AM PERFECTLY CAPABLE OF READING AND UNDERSTANDING SO

I DIDN'T NEET HER TO EXPLAIN ANYTHING TO ME. WE SCHEDULED THE MEETING

BECAUSE I SEE AT THIS POINT THAT I WILL HAVE TO SUE THEM.  I WANT IT KNOWN

THAT I HAVE TRIED ALL AVAILABLE AVENUES TO SEEK A RESOLUTION. I AM

FIGHTING FOR OVER 40,00 CHILDREN THAT LIVE IN THIS STATE SO I HAVE TO BE

VIGILANT IN FOLLOWING PROTOCOL. DESPITE MY FEELINGS, I WENT TO HEAR

WHAT THEY HAD TO SAY.

THE WEEK BEFORE I SENT EACH OF THE SUPERVISORS A LIST OF QUESTIONS THAT I

WOULD LIKE TO HAVE ANSWERED AT THIS MEETING. I HAD THE ANSWERS TO EACH

QUESTION STRAIGHT OUT OF THE NCDHHS MANUAL.

MS TAYLOR IS THE MOUTHPIECE FOR NC CHILDSUPPORT.  I THOUGHT THIS WAS

STRANGE BUT I WENT ALONG WITH IT.  I INFORMED THEM THAT I WOULD LIKE TO

RECORD THIS WITH A VOICE RECORDER.  MS MCARN TOLD ME THAT I COULDNT

EVEN THOUGH NC HAS A 1 PERSON CONSENT N.C. Gen. Stat. § 15A-287. TO

RECORDING AND I AM THE PERSON CONSENTING. I TOLD HER THAT IT DIDNT

MATTER WHAT SHE DIDNT LIKE, IT WAS THE LAW AND MY RIGHT.  SHE SAID I

WOULD HAVE TO RESCHEDULE IF I WANTED TO RECORD,

THE MEETING BEGAN WITH MS TAYLOR EXPLAINING TO ME HOW THE SYSTEM

WORKS.  I TOLD HER THAT I UNDERSTOOD IT QUITE WELL SO SHE MADE A BIG

SHOW OF PULLING OUT PAPERS SO SHE COULD EXPLAIN HOW MY CHILD SUPPORT

WAS DISBURSED.  I HALTED THE MEETING TO SAY THAT THIS WAS NOT AND HAS

NEVER BEEN A QUESTION THAT I HAD.  MY COMMUNICATIONS HAVE BEEN VERY

CLEAR AND CONCISE AND NEVER HAD I ASKED FOR ANY EXPLANATIONS OF DIS-

BURSEMENTS.  MY QUESTIONS HAVE BEEN ABOUT THE VIOLATIONS OF STATE

AND FEDERAL LAWS BY THEM TO CHILDREN RECIEVING PUBLIC ASSISTANCE.

I SAID THAT CHILD SUPPORT HAS TO BE SPLIT BETWEEN OPEN CASES AND SHE

SAID ITS NOT LIKE THAT.Effective October 1, 2000, URPA balances are split equally among cases when the client has multiple open cases    I TRIED TO SHOW HER THE EXCERPT OF OUT OF THE  NC DHHS

MANUAL THAT CONFIRMED IT AND SHE QUICKLY TOLD ME THAT SHE WOULD

NOT EVEN LOOK AT IT.  I FOUND THIS INTERESTING SINCE THERE IS NO OTHER

WAY FOR YOU TO DO YOUR JOB.  SO MY QUESTION WAS HOW IS IT THAT YOU

DONT USE YOUR MANUAL.  SHE SAID SHE WASNT GOING TO LOOK AT MY PROOF

AND DID NOT PROVIDE ANY OF HER OWN.  SHE WAS NOT GOING TO ARGUE WITH

ME AND I AM SIMPLY ASKING A QUESTION ABOUT HOW DOES SHE KNOW WHAT

TO DO IF YOU ARE NOT USING THE NCDHHS MANUAL.  OF COURSE THERE WAS

NO RESPONSE SO I EXCUSED MYSELF.  LIKE I THOUGHT THE MEETING WAS NOT

ABOUT A RESOLUTION BUT MORE OF THEIR INACCURATE INFORMATION THAT

THEY TELL PUBLIC ASSISTANCE CLIENTS.  THEY ARE STEALING MONEY AND

NEVER THOUGHT SOMEONE WOULD FIND OUT BECAUSE IT IS FOR POOR CHILDREN.

ENTITLEMENT PROGRAMS

THIS COUNTRY IS SO FULL OF THE HAVES THAT LOOK DOWN ON THE HAVE-NOTS.

THEY PASS LAWS AND JUDGEMENT ON THE ONES THAT ARE HOMELESS, HUNGRY,

LIVE IN DEPRESSED AREAS, OR NEED PUBLIC ASSISTANCE JUST TO GET BY.  THEY  

CALL IT " GOVERNMENT ENTITLEMENT" WHEN PEOPLE NEED HELP, BUT IT IS NOT

THAT WHEN BANK OF AMERICA NEEDS TO BE BAILED OUT BECAUSE OF GREED.

 IT IS NOT THAT WHEN WALMART GETS MASSIVE TAX BREAKS AND DOES NOT HAVE

 TO PAY WORKERS A LIVING WAGE EVEN WHEN IT HAS ALMOST  1/4 OF THE

COUNTRIES WEALTH.  IT IS NOT THAT WHEN EMPLOYERS DO NOT HAVE TO PAY A

LIVING WAGE  BUT MINIMUM TO ADULTS WITH FAMILIES TO SUPPORT.  IT IS ONLY

GOVERNMENT ENTITLEMENT WHEN "POOR PEOPLE" NEED ASSISTANCE.

 IT  CAN BE A LOT OF REASONS FOR THIS.  DIVORCE, LOSS OF A JOB(S), ADDICTION,

RAPE ARE JUST TO NAME A FEW.  THESE ARE NOT A BUNCH OF LAZY PEOPLE THAT

DON'T WANT TO WORK.  PEOPLE THAT DON'T WANT TO WORK DO NOT SACRIFICE

THEIR FAMILIES TO GO TO CRAPPY JOBS FOR LOW PAY TO "FEED THEM". LAZY

PEOPLE DON'T STAND ON BUS STOPS AND WALK TO THESE JOBS.  LAZY PEOPLE

DON'T GO HUNGRY TO ENSURE THAT THEIR CHILDREN ARE FED AND CLOTHED.

LAZY PEOPLE DON'T SACRIFICE TIME, ENERGY AND THE LITTLE MONEY THEY

HAVE TO TRY AND KEEP A ROOF OVER THE HEADS OF THEIR FAMILIES.  LAZY

PEOPLE ARE THE ONES THAT SIT IN OFFICES AND SCHEME TO TAKE FROM THOSE

THAT NEED IT THE MOST.  LAZY PEOPLE ARE THE ONES THAT COLLECT MONEY

MEANT FOR OTHERS LIKE STATE GOVERNMENTS AND PEOPLE IN CHARGE OF

"ENTITLEMENT" PROGRAMS.  LAZY PEOPLE DO NOT CARE WHO THEY HURT JUST

THAT THEYGET THE MONEY.    NOW, WHO DO YOU THINK IS "ENTITLED"?

GOVERNMENT GREED

THE MORE I RESEARCH THE CHILD SUPPORT ISSUE IN THE STATE OF NORTH

CAROLINA, THE MORE I SEE THIS AS A SYSTEMIC PROBLEM .

  GOVERNMENT OFFICIALS KNOW THAT THEY HAVE TO ANSWER TO NO ONE.

POOR PEOPLE ARE TO BUSY BEING POOR TO KNOW WHAT THE LAWS ARE AND

BELIEVE WHAT THEY ARE TOLD.  THIS GIVES THEM FREE REIN TO PILLAGE AND

PLUNDER. THEY LINE THEIR POCKETS AT THE EXPENSE OF POOR PEOPLE,

CHILDREN INCLUDED.  IN MY IGNORANCE,  I THOUGHT THAT I WAS

 ALERTING THEM, BUT  THAT IS ONLY POSSIBLE IF THEY WERE UNAWARE.

  REACHING OUT TO THE COMMISSIONERS AND THE NEW

ELECTED SENATOR TOM TILLIS,  HAD ME BLOCKED FROM THEIR TWITTER

ACCOUNTS.  I THINK THEY ARE MORE SURPRISED TO  LEARN THAT SOMEONE

LIKE ME FOUND OUT AND RESEARCHED THE LAWS AND EVEN THE DHHS MANUAL

FOR THE STATE TO DISCOVER THE VIOLATIONS.  ORIGINALLY, I THOUGHT IT JUST

MIGHT BE SOME TYPE  OF COMPUTER ERROR BUT IT IS NOT.  THIS IS INTENTIONAL

THEFT BY THE STATE OF NC TO STEAL FROM POOR CHILDREN.  NOT SUPRISINGLY

THIS IS NOT THE ONLY STATE THAT HAS THIS PRACTICE. WHEREVER THERE IS

                                                  MONEY

TO BE HAD, GREEDY BUREAUCRATS ARE THERE TO SIPHON OFF AS MUCH AS

POSSIBLE FROM THE POOR.  THEY HAVE GOTTEN SO COMFORTABLE WITH

THAT THEY HAVE NO PROBLEM SENDING LETTERS THROUGH THE MAIL WITH

BLATANT LIES AND MISQUOTES.  IT IS ULTIMATE STEADY INCOME.  NC CHILD

SUPPORT HAS THE LEGAL RIGHT TO ENFORCE AND COLLECT ON CHILD SUPPORT

ORDERS.  THEY HAVE AMAZING RESOURCES AND EVEN THE THREAT OF JAIL TO

ENFORCE COMPLIANCE FROM THE NON-CUSTODIAL PARENT.  THAT PARENT PAYS

AND THE STATE COLLECTS .  THEN THEY TELL THE CHILD THAT IT IS OWED TO THE

 STATE BECAUSE THEY ARE POOR AND IT IS THEIR FAULT.  THE STATE HAS THE

RIGHT TO STEAL BECAUSE THE CHILDREN ARE POOR.  THEY DON'T CARE WHAT

HAPPENS TO CHILDREN IN POVERTY BECAUSE THAT MONEY BELONGS TO THE

GOVERNMENT BECAUSE YOU HAVE TO PAY THEM FOR BEING POOR.

CHILD SUPPORT BENEFITS STATES NOT CHILDREN THAT ITS FOR.

NO ONE WANTS TO DISCUSS THIS AND I WONDER WHY.  SOME OF THE MOSTLY

LIKELY REASONS SEEM TO BE THE ONES NOT TALKED ABOUT.

WHENEVER A GROUP OF PEOPLE ARE POOR OR NEED ASSISTANCE FROM OTHERS

WE JUST ASSUME THAT IT IS BEING DONE BECAUSE THEIR ARE LAWS.  THERE ARE

AN ABUNDANCE OF LAWS ON THE BOOKS BUT NOT ENFORCED.  SO WHAT GOOD

ARE THEY THEN?  THEY ALLOW US TO FEEL BETTER ABOUT OURSELVES AS A

COUNTRY.  IT DOESN'T LOOK GOOD TO HAVE TO ADMIT THAT WE ALLOW  POOR

CHILDREN TO BE ROBBED BY STATE GOVERNMENTS.  IT DOESN'T LOOK GOOD

THAT WHEN IT COMES TO CHILDREN IN POVERTY, WE LOOK THE OTHER WAY

BECAUSE THEY ARE POOR.

 WE FEEL BETTER FORCING "DEADBEAT PARENTS" TO PAY FOR THE

SUPPORT OF THEIR CHILDREN BUT NOTHING ABOUT THE CHILDREN ACTUALLY

RECIEVING THE PAYMENTS.  ITS MORE IMPORTANT TO STATES TO RECIEVE

"BONUS" MONEY FOR COLLECTING AND ENFORCING PAYMENTS THAN TO

ACTUALLY PROVIDE BASIC NEEDS FOR CHILDREN.  THE POOR CHILDREN DONT

GET TO DECIDE, BUT THE STATE DECIDES THAT ANY MONEY THEY GET BELONGS

TO THE STATE.  THE STATE COLLECTS WHAT IS NOT THEIRS AND THE CHILDREN

GO TO BED HUNGRY.   THEN TO ADD INSULT TO INJURY THEY COLLECT

FEDERAL BONUSES AND THE CHILDREN STILL DONT GET A THING.  WE HAVE

TO STAND UP FOR OUR CHILDREN AND MAKE THEM BE HELD ACCOUNTABLE.

THE LAW CHANGED IN 2005

When laws change, it doesn't mean a thing when it comes to the most vunerable/pooriest population.  The federal and state  law changed in 2005 but they did not tell TANF/WORKFIRST/WELFARE recipients.  To this day 11/2014 if you go in  any NC DHHS/NC CHILD SUPPORT OFFICE, their paperwork says if you collect public assistance all of your child support goes to the state even though it violates the state and federal laws.  NC DHHS violates this law as well by forcing you to sign an illegal form stating all of you child support goes to the state. You don't know that they can only collect what they pay when they have an order.

Child Support is for children not greedy government.  Its easy to judge someone's situation when you don't know the circumstances.  You apply for public assistance because you need help.  You are told you  have to apply for child support to receive benefits. They aggressively pursue the parent for child support and get an order.  States receive federal benefits for establishing, enforcing and collecting on child support orders.  STATES PAY THE FEDERAL GOVERNMENT HALF OF ALL MONEY COLLECTED. IF THE CHOOSE TO PAY THE FAMILIES THEY DON'T HAVE TO PAY THE FEDERAL GOVERNMENT.  NC CHOOSES NOT TO PAY FAMILIES WITH OVER 40,000 CHILDREN LIVING IN POVERTY. The child/children/families who should benefit from this never see this money.  The absent parent pays 500 a month and the child/children in NC receive  max of 274.  The rest goes to the state because they know you don't know the law and gives them the right to steal it.