Have California’s Policies Failed Low-Income Fathers and Contributed to the Crisis of mass Incarceration

Have California’s Policies Failed Low-Income Fathers and Contributed to the Crisis of mass Incarceration

“Unpaid Child Support and Mass Incarceration: How California’s Policies Are Failing Low-Income Fathers and may have Contributed to the Crisis of mass Incarceration”

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Child support collections doubled from $8 billion in 1992 to nearly $16 billion in 1999 under the Clinton Administration. By 1999, the number of incarcerated Black men had increased to more than 600,000!

The Administration passed the Deadbeat Parents Punishment Act in 1998, which enforced tougher penalties for non-custodial parents who did not support their children. The Administration also proposed several initiatives in FY 2001 to strengthen enforcement and ensure that non-custodial parents who could afford to pay child support did. Additionally, the Administration created the Welfare-to-Work program in 1997 to help low-income noncustodial parents work and support their children. These efforts contributed to the increase in child support collections during the Clinton Administration.

As the 42nd President of the United States, Bill Clinton has left a legacy of accomplishments that have helped shape the nation. Among those achievements is the fact that child support collections doubled from $8 billion in 1992 to nearly $16 billion in 1999. While this increase in collections helped many families, particularly those headed by single mothers, there is an irony in the fact that a large number of Black people voted for him despite the negative effects of his child support policies.

Black men are often disproportionately affected by child support policies, with many struggling to make payments due to limited job opportunities and low wages. The Clinton Administration’s Deadbeat Parents Punishment Act, which was passed in 1998, enforced tougher penalties for non-custodial parents who did not support their children. While this law was meant to hold non-custodial parents accountable for their financial responsibilities, it also had the unintended consequence of contributing to the mass incarceration of Black men.

By 1999, the number of incarcerated Black men had increased to more than 600,000, many of whom were in prison due to their inability to pay child support. These men often faced steep fines and were left with little hope of finding employment upon their release, as their criminal records made it difficult to secure gainful employment.

The irony in this situation is that Black people, who were most affected by these policies, continued to vote for Clinton despite the negative effects of his child support policies. The Clinton Administration also created the Welfare-to-Work program in 1997 to help low-income noncustodial parents work and support their children. While this program did provide assistance to some families, it also required many low-income parents to work long hours at low-paying jobs, making it difficult for them to meet their child support obligations.

In California, child support payments are meant to help ensure that children are financially supported by their parents, even if the parents are separated or divorced. However, in reality, the state is keeping millions of dollars in child support payments, charging families with high interest rates on past-due payments, and penalizing low-income parents who fall behind.

Federal data shows that California is retaining an unusually high portion of child support payments. California is charging families millions of dollars in interest on past-due child support payments while penalizing low-income parents who fall behind. This makes it nearly impossible for many to land employment, support their children, and pay off the debt.

In fact, California’s own findings suggest that nearly all of this debt is uncollectible because it’s owed by people with low incomes, people out of state, or the debt is simply too old. Advocates are urging lawmakers to erase uncollectible debt entirely, and guarantee that all child support paid goes straight to the children.

The laws that govern public child support have been criticized as arcane and racist, penalizing Black and brown fathers through predatory-like interest rates and driver’s license suspensions. These penalties push parents struggling to make ends meet into even more precarious circumstances.

When custodial parents, usually mothers, apply for government aid such as CalWorks, they must sign away their rights to child support they are already receiving to the government in repayment. That money, once considered private funds between two individuals, is now reclassified as public child support, collectible by the state to repay their aid. The state continues to pass only a portion of the now-public child support to the mother and siphons off the rest, which advocates say is often a nasty surprise to both parents.

The nonpayment penalties parents face are steep: The state can suspend driver’s licenses 180 days after falling behind on payments. In California, that debt is subject to a 10% interest fee, which is the second-highest rate in the country according to the National Conference of State Legislatures.

Governor Gavin Newsom last year vetoed a bill that would have ended the state’s practice of charging 10% interest on public child support debt. He cited that the bill would lead to an estimated revenue loss of millions of dollars.

California has taken small steps to give parents relief, such as the Compromise of Arrears Program, a debt reduction program that lets noncustodial parents discharge their full debt in exchange for a lump sum upfront. For eligible parents, the program can be a lifeline. However, advocates say the changes aren’t drastic enough, and urge lawmakers to do more to guarantee that child support payments are being used for their intended purpose: to support children.

In conclusion, California’s child support system is in need of reform. The state’s high interest rates and penalties disproportionately impact low-income parents, making it nearly impossible for many to support their children and pay off the debt. The state must take action to ensure that child support payments are being used to support children, and not simply as a revenue source.

Gonsalves, Manuela. “California Keeps Millions in Child Support While Parents Drown in Debt.” CalMatters, 19 May 2020, https://calmatters.org/projects/california-keeps-millions-in-child-support-while-parents-drown-in-debt/.

“Accomplishments and Results: The Clinton-Gore Administration 1993–2001.” Clinton White House Archives, https://clintonwhitehouse5.archives.gov/WH/Accomplishments/eightyears-04.html.