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Editorial: Deadbeat bill a good idea

Editorial Indiana Lawyer
February 17, 2010
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Indiana Lawyer Editorial


At first glance, the legislation seems like the sort that no one could possibly have an objection to.

The problem is huge. Only 58 percent of child support payments are collected in Indiana. The unpaid child support bill is upwards of $2 billion, which includes 165,000 non-custodial parents who owe $2,000 or more.

That's pathetic.

Senate Bill 163 could help make a dent in that deficit by snagging the gaming winnings of deadbeat parents in Indiana's casinos. Indiana Lawyer wrote a story on this topic in the Jan. 20-Feb. 2, 2010, issue. The legislation was before the House Committee on Public Policy for a vote at Indiana Lawyer deadline.

The bill would bring state law in line with federal law regarding income withholding and participating in family assistance programs. SB 163 also would allow various state agencies or boards to suspend licenses - such as drivers, fishing, hunting, or alcoholic beverage licenses - if child support payments aren't made. This legislation also addresses medical costs in relation to how child support is calculated, which is an ever-growing item of interest that gets at how both parents must pay for a child's health insurance.

But the part of the bill that would require casinos to check their winning patron's names against a state database of parents who owe child support has the gaming industry lobbying against the measure.

Here's how it would work. Let's say Deadbeat Mom owes Custodial Dad $4,500 in unpaid child support for the benefit of their two children. She takes some of the proceeds from her first paycheck in ages to one of our state's riverboat casinos for a night of high rolling and she hits it big, to the tune of $2,000. While she's whooping and hollering about her payday, the casino will do a check of her name against the state's database of deadbeat parents, and finding Deadbeat Mom's name there, will redirect the winnings to her two children.

It's a great scenario from the point of of view of Department of Child Services Director James Payne, a former juvenile court judge. He said during a hearing on the legislation last month that banks are currently required to perform similar checks for deadbeat parents, and that insurance companies do so now on a voluntary basis when handling insurance award payouts.

But the Casino Association of Indiana believes it's being picked on with the proposal, arguing that the database checks could cause a two-minute delay on casino floors with every win. That could add up to 13,000 work-hours every year. CAI Director Mike Smith believes the checks would cause grumbling on the casino floors and cause gamblers who might be snagged by the database to go outside Indiana for their fun.

"With our tax burdens, we are paying our fair share to have the privilege of operating in Indiana," Smith told the committee last month. "We just ask not to be additionally burdened."

He's right about the tax portion of his argument. Indiana is second only to Nevada in the amount of tax revenue it earns from gaming, taking in $838.2 million in 2008. The figures for 2009 aren't currently available.

Casinos already are required to generate tax forms for people who win more than $1,200 on slot machines and more than $600 from certain types of other gambling. Smith thinks it makes more sense to send that information not only to the Indiana Department of Revenue but also the DCS for review for child support collections.

The only problem with that idea is the money will surely already have been spent by the time the state could learn it's available to collect.

Most lawmakers like the bill, while one voted against it because he thought it didn't go far enough and should involve other industries.

We believe this is one of those ideas that's just too good to pass up. A state that puts up with collecting only 58 percent of its court-ordered child support payments ought to do all it can to do better by its children.*

 

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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