ILNews

Editorial: Deadbeat bill a good idea

Editorial Indiana Lawyer
February 17, 2010
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.*

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT