Pennsylvania Domestic Relations

Pennsylvania Domestic Relations Sections

Best Practices in the Child Support Program

Fifth Edition - August 2004

Pennsylvania Best Practices
Fifth Edition

This is the fifth edition of child support best practices for the Pennsylvania Counties. The Domestic Relations Sections (DRS) in Pennsylvania have always been very creative in developing solutions to local problems.

This booklet is an illustration of DRS and State creativity. It covers the entire range of child support operations. These booklets are a success. Counties are using these booklets to identify successful solutions to a variety of issues from customer service to work programs for non-custodial parents.

The booklet is intended to identify good ideas and best practices that have proven successful. This booklet is not a complete survey of current practices. The booklet does share practices volunteered by the counties.

ARMSTRONG COUNTY

There is a data integrity list for non-custodial parents who have a new Employer Record created by either the State Directory of New Hires or the National Directory of New Hires with no wage attachment in place. The cases involved with these members may be at any level of Establishment Type (Paternity, Support Order, Existing Order).

Armstrong County has found another use for this data integrity list. This involved several cases where the defendant was residing out of the state, and Pennsylvania was the initiating jurisdiction. In these cases the defendant had either stopped paying or had never paid. PACSES had received an Employer Record through National New Hire, but we never knew about the employer due to Pennsylvania being the initiating jurisdiction and PACSES does not issue wage attachments on Interstate Initiating cases. Our practice is to contact the Responding state, either by phone or letter to inform them of the new employer. Even though Pennsylvania sent something out by CSENET to the other state, most states claim they did not know that he was employed at the place we gave them.

BERKS COUNTY

Work Release Program at Conewago, Wernersville

The work release program established in Berks County Domestic Relations in April 2003 demonstrates great promise toward addressing the long term child support payment problems that regularly arise in many cases. For 2004, the program has been approved for $910,000, which represents the cost for 60 residents. In comparison, the cost of incarceration is similar but the work release program offers a viable solution to gain long term benefits for the defendant and the community. Up until April 2003, Family Court Judges in Berks County had two choices, incarceration or reschedule the defendant for a compliance review hearing. This third choice offers the defendant an opportunity to voluntarily participate in a residential program designed specifically to meet their need to comply with their child support orders.

Listed below are some of the issues addressed in addition to securing jobs, household budgeting and other psychological services required to stabilize employment and retention.

*       Outpatient Drug & Alcohol counseling
*       Alcoholics Anonymous/Narcotics Anonymous meetings
*       Spirituality/Addiction
*       English as a Second Language
*       General Equivalency Diploma
*       Literacy
*       Job training

Life skills:
*        Anger management
*        Decision making
*        Parenting
*        Money Management
*        Employment preparation
*        Resume writing
*        Employer expectations
*        Interviewing skills

The facility used is the former Wernersville State Hospital buildings which are leased by Firetree Ltd. Firetree Ltd is under contract with the County of Berks to provide residential facilities for defendants who volunteer for the program. The contract cost is $55 per day per resident less any reimbursements by the defendants to reduce the net cost to approximately $49 per day. This cost is comparable to incarceration expenses but offers much greater services and results. The program is still in its’ formative stages and continues to have regular innovations incorporated into the program. Examples of innovative approaches are the book drive to provide expanded reading materials, the clothing drive to provide suitable work clothes for the residents and the Domestic Relations post release court to assure on going compliance. The regularly scheduled post release court appearances are theorized to enhance a person’s results by continuing the follow up for accountability of the defendant.

For the 10 pilot project months, listed below are some relevant statistics.

* $101,791.77 collected thru 1/26/04 in work release purges & immediate purges.
* $28,127 client contribution to housing at the facility (4/03 thru 12/31/03).
* 111 non-support defendants have volunteered for this program from April 2003 to present:
* 54 have completed the program.
* 34 are still in the program.
* 12 warrants issued for failure to return.
* 10 terminated from program.
* 1 released for medical reasons

The project continues to show great promise to address the needs of the delinquent payors who are unable to regularly pay their child support. A defendant who is incarcerated for failure to pay child support will likely receive little or no help from the county prison to secure and maintain employment. Simply stated, the prison’s mission is historically custodial and public safety. Social programs are best handled by social program professionals without philosophical interference of a conflicting mission. Although costly, the expenses of not investing in the community will only lead to the inevitable spiraling costs of operating a prison without an eye toward the future. This program has the potential to stop the proverbial revolving door at the county prison of the repeat offenders. The Berks County Courts have been proactively implementing reformative justice approaches to a variety of high volume areas. The benefits are twofold, reduce the prison overcrowding issues and reduce recidivism rates. In the end, the community can then prosper through lower crime, lower poverty among single parent households and more time for the Domestic Relations employees to address other cases.

BLAIR COUNTY

In order to cut down on our postage expense, we have a system in place in which we provide personal service of de novo hearings and Genetic Testing to the clients at the DRS. This is done as part of the conference process. If there is no agreement to the Conference Officer’s recommendation and it is going to a de novo hearing, the Conference Officer obtains a hearing date from the worker who schedules court and the parties sign a form indicating they have been served notice of the hearing. For Genetic Testing, when the putative denies paternity, the Conference Officer obtains a date for the testing and “serves” the parties before they leave the DRS in the same manner as specified for de novo hearings.

This procedure saves on postage and also cuts down on the number of cases that are continued because of lack of service.

CLARION COUNTY

Clarion County Domestic Relations Section places all Defendants not working and are able to work to the Work Search Program which consist of them visiting the DRS every Wednesday at 2:00.

On week one, they are to look for a job on their own and they are encouraged to visit the local Career Link office for assistance. If they appear on the first Wednesday with only job prospects and no interviews or a job, they are then Court Ordered to the Career Link office. The Clarion County Career Link office sends us a flyer each month on the classes they offer and we sit with the client on Wednesday and decide which one they want to attend and we order them to go to attend the class. The DRS will contact Career Link for verification of attendance from their sign in sheets. If Defendant fails to attend the ordered class, contempt charges along with a $200.00 fine is assessed the Defendant. The Judge will order these people to jail with no hesitation.

Clarion County first enrolled 7 candidates and after two weeks 6 had found employment and are now paying current support orders.

DAUPHIN COUNTY

Letter campaign

Our letter campaign originated because we often accept the first result we are given, and settle for that when there may be other possibilities for resolution.

The first letter created was sent to defendants in state correctional facilities with non-charging orders only. The letter asked for the defendant, a family member, or even a friend to make a payment to the state collections and disbursement unit. The letter asked for a minimal payment of at least a dollar, and gave specific payment instructions. Our thought behind this is that often people who are incarcerated have some assets available, and with friendly wording in the letter perhaps they could be persuaded to make a payment. The prison letters had a 21% resolution rate. 12% by payments received and 9% by plaintiff drops.

Second, we created a letter to remind the defendants that they have had their driver's licenses revoked. Through observations made during enforcement conferences, it had been brought up in numerous conversations that the defendant was unaware that their driver's license had been revoked for one reason or another. With updated address information for the defendants, we thought that a reminder with possible consequences listed for driving without a license may get the defendant to contact the office in an attempt to work out a deal. The driver's license letters had a 23% resolution rate; 14% by payments, 4% by plaintiff drops, 5% for miscellaneous reasons.

Finally, the last letter was created as a reminder for defendants' with an outstanding bench warrant. Sometimes defendants are unaware they have a warrant for them, and other times their thought may be that they can avoid our department. This letter allows them an opportunity to contact us and work out a deal, while at the same time letting them know that we do know where they are and it could be a matter of days before the sheriff's department serves the warrant. This provides multiple means of incentive to contact our office and work something out. The warrant letters had a 35% resolution rate; 12% by payments, 7% by plaintiff drops, 8% for miscellaneous reasons, and 8% by the defendants being arrested.

Amnesty Program

During the recent 30 day amnesty period conducted by the Dauphin County Domestic Relations Office 122 warrants were lifted and resulted in $35,945.91 in payments. These cases will be monitored at 90 day 120 day, and 12 month intervals for continued non-compliance by the defendant. In addition all clients who had warrants lifted were tentatively scheduled for contempt court 90 days in the future, in the event that there was continued non-compliance on their part. If they are still in compliance at the time of the contempt hearing the contempt charges will be withdrawn.

INDIANA COUNTY

CAO/Intake Scheduling Appointments

When a person goes into the County Assistance Office (CAO) to apply for cash assistance, during the interview the CAO caseworker will call the DRS Intake department to schedule an appointment in the DRS. If the individual currently has a case in the DRS, they come to the DRS with the 643A to have it signed. In doing this the CAO caseworker can keep track of when the client was to show in the DRS. When the Caseworker calls the DRS Intake department, the intake worker will ask for the Plaintiff’s social security number to see if the Plaintiff already has a case on the system.

* Has the client ever filed against this person? If the answer is yes we will check PACSES to see if it is on the system. If the case is not on the system we will continue asking the following questions:

* Defendant address?

* Defendant DOB or SSN?

* Defendant employed? If yes, where?

* Defendant has any other support cases?

* Is there currently an out of state child support order? If yes, bring a copy of court order if possible.

When the client is scheduled and is done at the CAO, the Caseworker gives the client the 643A to bring to the DRS and a blank copy of the PACSES Intake questionnaire to complete and bring with them to their appointment. Having asked these questions and having the information on the Intake Questionnaire saves the client and the DRS time when all the information is available at their scheduled appointment in the DRS.

LANCASTER COUNTY

Initiation Unit Procedure

Plaintiff indicates an Order was issued by another Jurisdiction

Purpose: To outline a uniform procedure to be followed by Initiation workers when a plaintiff indicates there has been an order issued in another jurisdiction as to avoid individualized and inconsistent activities.

1. Plaintiff appears for an initial interview. When asked if he or she has ever filed against the defendant in any other county or state the response is: “Yes”.

2. Initiation worker proceeds to complete questions 1 through 15 on the appropriate checklist.

3. If the plaintiff has a copy of the order and it appears to be a Separation Agreement, Post Nuptial Agreement or attached to a Divorce Decree, the Initiation worker shall take the document to staff attorney for review.

4. If plaintiff has copies of an order or does not have copies but indicates an order was issued by another child support office the following action shall be taken:

a. Determine where the defendant currently resides

b. If the plaintiff wishes to modify the order, a UIFSA/IFSA will have to be filed to the proper jurisdiction

c. If the plaintiff does not wish to modify the order, but does want her support payments to pass through this court, a request for redirection will have to be filed to the appropriate jurisdiction

d. If the plaintiff does not want to modify the order and is satisfied with payments being sent to her directly from the other court, no action is necessary.

5. If the plaintiff has a copy of the Order it should be placed in the file. In most cases the worker will be required to contact the issuing jurisdiction for certified copies of the order as it is unlikely plaintiff will have certified copies.

6. Any questions regarding what action needs to be taken should be presented to Supervisor.

Complete Checklist When Client Indicates An Order ExistsIn Another State

Scenario: Plaintiff appears in office to file an action and indicates there is a support order issued by another State or County.

1. Does the plaintiff have copies of the Order with him/her? (Y)_____ (N)_____

If yes, copy order for file.

2. Was the Order issued in PA, but not Lancaster County? (Y)_____ (N)_____

_______________________ County.

3. Was the Order issued in Another State? (Y)_____ (N)_____

_______________________ State.

4. Does plaintiff presently reside in Lancaster County? (Y)_____ (N)_____

5. Does defendant presently reside in Lancaster County? (Y)_____ (N)_____

If no, _____________________ State/County.

6. Does child(ren) reside with plaintiff? (Y)_____ (N)_____

7. Are plaintiff and defendant presently married? (Y)_____ (N)_____

Are the plaintiff and defendant divorced? (Y)_____ (N)_____

Divorce date ________________.

Were plaintiff and defendant married in PA? (Y)_____ (N)_____

If no, in ____________________.

8. Is the Order for same plaintiff, defendant, child(ren)? (Y)_____ (N)_____

9. Was the Order issued as part of a divorce, post nuptial, (Y)_____ (N)_____

or separation agreement? ______________________.(obtain copy).

10. Is plaintiff receiving payments from Another State/County? (Y)_____ (N)_____

11. Is plaintiff receiving direct payments? (Y)_____ (N)_____

12. Does plaintiff want to modify the Order? (Y)_____ (N)_____

13. Does plaintiff simply want payments to pass through PA? (Y)_____ (N)_____

14. Is the Order registered in any State other than issuing State? (Y)_____ (N)_____

_________________________ State.

15. Does the plaintiff have a financial PFA from Another State? (Y)_____ (N)_____

Expiration date of PFA: __________________.

NONCOMPLIANCE PREVENTION

PURPOSE: To prevent defendants of newly established support orders from becoming noncompliant and delinquent with payments

BACKGROUND: Part of enforcing a child support order includes taking steps to prevent defendants from developing a habit of nonpayment and lack of cooperation with the Domestic Relations Section.

PROCEDURE:

1) A biweekly report will be obtained identifying cases in which new support orders were just entered and there have been no payments made in the first 21 days.

2) The CMSU Officer will place a telephone call to the defendant inquiring as to why there have been no payments made in this 21 day time period.

3) There are several different scenarios that may be encountered when establishing successful telephone contact with the defendant. Some common ones are as follows:

* Defendant reports a loss of employment: Obtain the defendant’s new employment information. Ask the defendant if he/she would be in agreement to increase the payment on the ordered on arrears or make a lump sum payment to compensate for the time period of missed payments. Confirm the defendant’s employment and update EHIS which will issue an income attachment. Advise the defendant on procedure to make payments on own and send payment instructions form.

* Defendant reports a loss of employment and is currently unemployed: Question the defendant whether or not he/she will be receiving unemployment compensation benefits and complete a referral for the defendant to Career Link.

* Defendant reports to being self employed and/or is unclear on where to send payments: Advise the defendant on procedure to make payments on own and send payment instruction form.

* Defendant reports a loss of employment due to a disability: Inquire if the defendant will be collecting disability or worker’s compensation benefits, whether it is a temporary or permanent disability, and a possible return to work date, if known. Obtain all necessary information and confirm; upon confirmation, update OINC which will issue an income attachment. Send the defendant a “Request for Medical Disability”, option 029 on ENFM to obtain medical documentation regarding the claimed disability.

* Defendants should be reminded that they are responsible to make payments on their own at anytime an income attachment is not in effect. Payment instructions should be provided at all times.

4) If the telephone call results in an answering machine or voicemail response with the defendant’s name on the outgoing message, leave a general message for the defendant stating:

“Hello, this is ______ from the Domestic Relations Section calling for (defendant name). I am calling to remind you that your support payment is due. I will be sending you a payment instructions form in the mail. Thank you.”

5) If the telephone call results in an answering machine or voicemail response without the defendant’s name on the outgoing message, leave a general message for the defendant stating:

“Hello, this is ______ from the Domestic Relations Section calling to remind you that your support payment is due. I will be sending you a payment instructions form in the mail. If you feel you have received this message in error, you may contact a customer service representative at 717-299-8141. Thank you”.

6) If contact with the defendant is unsuccessful, the CMSU Officer will send a case status letter and payment instructions form with language stating that “This is a reminder that your support payment is due. Please remit payments in accordance with the enclosed payment instructions form. Thank you.”

7) The CMSU Officer shall track all telephone calls placed and log the results on the weekly report with a date to review the case for compliance. A NOTE shall be placed on PACSES including any action taken. The CMSU Officer will review the case in 10-14 days for payments and take further action if needed.

OUTCOME:

Defendants will provide the necessary information to the Domestic Relations Section before enforcement and contempt action is initiated ensuring regular support payments are made. Cases are prevented from being scheduled for contempt conferences unnecessarily.

NONCOMPLIANCE PREVENTION

Pilot Project Summary and Outcomes
Summary:

56 cases were identified and reviewed in February and March in which new support orders were entered and there were no payments in the first 21 days. Of the 56 cases, 53 had income attachments issued at the time of the initial support conference and the other 3 defendants were either self employed or unemployed.

All 56 defendants were sent payment instructions with a general letter stating support payments are due.

DRS workers were able to contact 4 defendants directly on the telephone and leave 6 messages for defendants inquiring on why no payments were being made and that support payments are due. Overall, a total of 31 telephone calls were made. 25 cases had no phone number listed for the defendant.

DRS workers contacted 5 employers inquiring on the status of the income attachments.

Outcomes:

8 defendants made payments totaling $1,361.33 as a result of telephone contact and/or status letters/payment instructions being sent.

Of the cases that were reviewed in which no payments were received or employment reported, the enforcement process began as defendants were sent notices of noncompliance.

MONTGOMERY COUNTY

Customer Service Trends

First, we have hung signs at our receptionist area indicating that we are “dedicated to customer service excellence”. We also have the signs located strategically within the office for our clients to see.

We have also taken a “bank” approach to enlightening our clients about some of the services we have to offer by placing signs at our receptionist counter that say, “Ask me about electronic funds transfer and recurring automatic withdrawal for fast processing of your support payments.” Another sign says, “Ask me about on-line child support services.” We have designated a specific employee to work with any client inquires about the on line service to immediately take the client to a kiosk and show them the child support portal and how to access the information available.

We have also taken a new friendlier approach to enforcement that we have designated the “Barrier Assistance” program. The program is aimed at getting clients in a position to have support collections paid by wage attachments rather than in lump sum payments paid only after they are forced to appear in court. The procedure utilizes our compliance officer’s skills in getting to the bottom of why a non-custodial parent is not paying support. They will first greet the client by stating, “I’m here to help you.” And from there, identify the “barriers” that are preventing them from meeting their obligation. We have designated staff who work directly with these individuals to resolve the barriers. They have gathered all types of available services within the County including resume writing and job announcements through Career Link, G.E.D. class enrollment information through local Community Colleges and High Schools, etc.. There are resources available to help someone find employment who has a criminal history. Most of the services are free. The client is referred to the appropriate agency for assistance and report back with the results of the appointments. There are still defendants who do not want the help but we have seen a positive response from the clients who appear for Contempt Conferences. So much so that our collections for a recent month are the highest ever collected in Montgomery County…..$8.2 million!!!!!!!

NORTHAMPTON COUNTY

In Northampton County, use of the NOTE screen for updating case information is heavily relied upon. In addition to using the EST (Establishment), INT (Intake), ENF (Enforcement), LOC (Locate), IST (Interstate) and other obvious ones for appropriate note entries, we use the COL (collections) for entering notes for defendants who are listed for Non-Compliance Court. The purpose of entering the COL note is for the Public Service Unit reps and other staff members answering phones to be able to respond to calls from defendants lists or plaintiffs wanting to know what will be required of defendants in order to come into compliance and be removed from the court list. For example: payment in full, lump sum of $____, new employment information or any combination of things. This avoids interruptions to the Conference Officers and calls needing to be transferred.

In addition, we do not use the SCH for scheduling notes as any re-schedulings are noted in DOCK or SDAX. We use the SCH for entering any health insurance related matters. This way, rather than paging down on the note screen, staff can drill on the SCH note from the NHIS screen to obtain the latest status of the health insurance information. This avoids the need for pulling the case file and calls, questions can be responded to quicker. This will be especially beneficial when the second phase of the NMSN is implemented in PACSES.

PIKE COUNTY

Contempt of Court and Probation as a Sentencing Sanction:
The Untapped Potential for Support Collection
By: Edward J. Joyce, Jr., Chief Probation Officer, Pike County, Pennsylvania

Child support collection is one of the most scrutinized issues in the United States today. It is a persistent social problem that has no geographical or economic boundaries. During the past 20 years, there has been a dramatic rise in both Public Welfare Dependent Children and non-Public Welfare Dependent Child support complaint filings. Even more troubling is the ominous rise in illegitimate births.1 From 1960 to 1991 out-of-wedlock births had skyrocketed from 5 out of every 100 to 30 out of every 100 births. Federal and state initiatives to change public welfare social policies through reform legislation have begun to abate this trend.

Pre-existing Federal and State legislation enacted in successive years has expanded the ability of child support enforcement agencies to take advantage of new technology and meaningful collateral sources to identify obligors and collect current and past due support. Interstate wage attachments, Internal Revenue Service tax return intercepts, liens and judgments, credit reporting, license revocation, and even federal prosecution have enhanced collection remedies. Nevertheless, none of these contemporary methods can bring forth the often obvious but elusive dollars held by the self-employed who in many instances have been successful tax dodgers long before they became "deadbeat" non-supports.

For decades courts have relied upon civil contempt proceedings to coerce payment from the self-employed obligor. Pennsylvania, a court administered child support enforcement state, has utilized this remedy with varying degrees of success. The civil contempt method of enforcement requires a considerable amount of coordinated effort and does not guarantee results. Too often this method has been labor intensive and anti-climactic when purge amounts are arrived upon by agreement of counsel or with a best guess purge figure based upon the representations of the defendant. Increases in crime, violence, and "get tough" policies have resulted in overcrowded prisons diminishing the actual and perceived threat of jail in contempt actions. In the vast majority of cases, contempt offers a short term quick fix to a long term problem. Repeated prosecution proceedings oftentimes escalate problems associated with service of process to a game of cat and mouse with payment chasing and issuing of Bench Warrants. Local law enforcement agencies are not permitted to enter civil warrants into the Commonwealth Law Enforcement Agency Network (CLEAN) system. The inability to track Civil Bench Warrants in the CLEAN computer system frustrates apprehension efforts.

The historical importance of civil contempt in the support process and its application to present day enforcement is well established in the law. Current Pennsylvania statutes and Civil Rules of Procedure provide for findings of both civil and as appropriate criminal contempt. That is,

(a) Contempt for non-compliance with support order,2 and
(b) Contempt for failure to appear3

Contempt for non-compliance with a support order (civil) is punishable by any one or more of the following sanctions:

      (1) Imprisonment for a period not to exceed six months,*
      (2) A fine not to exceed $1,000, or
      (3) Probation for a period not to exceed one year.

(*) An Order committing a defendant to jail under this section shall specify the condition which, when filled, will result in the release of the obligor.

Contempt for failure to appear (criminal) is punishable by any one or more of the following:

      (1) Imprisonment for a period not to exceed six months,
      (2) A fine not to exceed $500, or
      (3) Probation for a period not to exceed six months.

Based upon the premise that collection of a portion of the child support money is the immediate goal in civil contempt cases, most courts opt for Sanction 1, imprisonment, and set as a condition for release a certain dollar sum to be paid as a purge. This purge amount has to be within the obligor's current ability to pay and usually is paid within hours of the defendant's imprisonment. Thereafter, the proceedings have to begin anew. Sanction 2, a fine, has long been perceived as counter productive and is virtually disregarded as a viable remedy.

Contempt sentencing Sanction 3, probation, has been a rarely exercised disposition of the court in child support enforcement cases. Arguably, this sentencing option has fallen by the wayside over time as the Domestic Relations Section and other sections of the court (adult/juvenile) have administratively separated from the Probation Office to form distinct departments within the court system. This departmental specialization has blurred the viability of probation supervision to achieve consistency in the delivery of court services. That is, according to law, "each Court of Common Pleas shall have a Domestic Relations Section which shall consist of such Probation Officers and other staff of the Court as shall be assigned thereto."4 The assignment of Probation Officers to the Domestic Relations Section to enforce conditions of probation as a sentencing sanction offers several inherent advantages to the enforcement of support orders. In addition to resolving service of process issues, it offers effective solutions with long range effects compelling the obligor's week to week compliance over the duration of the term of his probationary sentence.

Obligors sentenced to a term of probation are subject to legislated terms and conditions of probation. For instance, Condition No. 1 requires the defendant "to meet his family responsibilities".5 Condition No. 2 requires the defendant to "devote himself to a specific occupation or employment"6 as well as several other conditions reasonably related to the self employed. Condition No. 14 requires the defendant "to remain within the premises of his residence during the hours designated by the Court."7 This condition enables the Probation Officer to track the non-wage earner and irregularly employed defendant's employable hours and activities under programs such as house arrest or electronic monitoring.

A violation of these technical conditions of probation subject the defendant to the arrest powers of the Probation Officer. Pursuant to statute, "Probation Officers heretofore or hereafter appointed by any Court of record of this Commonwealth are hereby declared to be peace officers and shall have police powers and authority throughout the Commonwealth to arrest with or without warrant, writ, rule, or process any person on probation, intermediate punishment, or parole under the supervision of said Court for failing to report as required by the terms of his probation, intermediate punishment, or parole or for any other violation of his probation or parole."8

The purpose of civil contempt is to coerce future conduct. Such a finding must provide for a purge (dollar amount) as a condition of imprisonment with which the contemptor has the present ability to comply. Such ability may be found in the defendant's personal assets, real property, or property interest. Conversely, criminal contempt is concerned with punishing the defendant for direct (preserving the integrity of the Court) or indirect (failure to appear after service) contempt of court. Criminal contempt subjects the defendant to near identical sentencing sanctions as a civil contempt finding; however, no purge conditions apply to the sentence.

Over an 18 month period (04/93 to 10/94) the Pike County Court of Common Pleas utilized intensive probation supervision as a contempt of court remedy based upon the merits of its findings. In that time 20 self-employed or casually employed support obligors were placed in an electronic monitoring/house arrest probation program. The sentencing orders stipulated that the defendant can be discharged from probation prior to his/her maximum date of expiration (six months) upon payment of their accumulated support arrears or lesser purge figure. Data from these cases revealed the following findings:

1.)Thirty (30) percent of defendants sentenced to the probation program were discharged within an average of 3 1/2 days upon payment of the purge amount totaling $11,216 received from six obligors.

2.)Twenty (20) percent of defendants sentenced to the program were discharged from probation prior to their maximum date (average 103 days) upon payment of their purge amount totaling $6,230 from three obligors. One defendant was arrested and returned to jail.

3.)Fifty (50) percent of the defendants sentenced to the program have served out their maximum probation sentences, during which time they secured employment, wage attachments were entered, or payments were received totaling $19,853 from ten obligors. This group also included obligors sentenced to concurrent terms for criminal contempt.

Over the 18 month period, $42,480 was received in support payments from 19 defendants while subject to the terms of the program. Total arrears owed by the defendants was reduced by $22,500 during the course of this probationary period.

In order for a contempt finding to be effective, purposeful coercive controls must be placed on the obligor. The terms and conditions of probation supervision provide these behavioral controls in both general (standard conditions) and Court imposed special conditions (house arrest) supervision. Technical violations of these conditions such as failure to report pursuant the terms of the sentence are breaches of supervision conditions. Either of two responses may occur: offenders remain under supervision with increased technical sanctions or arrest and commitment to jail pursuant to a prescribed revocation of probation process.

Conclusion

Staffing the Domestic Relations Section with Probation Officers provides the court with the presence of peace officers authorized to carry out the process of service and enforcement functions intended by law. The use of probation as a Domestic Relations contempt of court sentencing sanction is not held out as a panacea but rather as a viable resource in appropriate cases with increased potential for support collection over the long term.

Notes

      1.The rate of illegitimacy per 100 births was based upon Statistical Abstract of the United States, U. S. Census Bureau, Bureau of Health Statistics.
      2.Title 23 Pennsylvania Consolidated Statutes Section 4345.
      3.Title 23 Pennsylvania Consolidated Statutes, Section 4344.
      4.Title 42 Pennsylvania Consolidated Statutes Annotated, Section 961
      5.Title 42 Pennsylvania Consolidated Statutes, Section 9754
      6.Ibid.
      7.Ibid.
      8.Title 61 Pennsylvania Statutes, Section 309.1.

TIOGA COUNTY

Tioga County noticed a problem with the automated driver’s license suspension program. There were cases that qualified for suspension but no action could be taken. Tioga County manually reviewed every one of their approximately 1700 cases for possible suspension.

They determined a majority of cases that should have qualified did not trigger a driver’s license suspension due to the overly restrictive matching requirements between PACSES and the Pennsylvania Department of Transportation. Tioga is now using unconventional methods to trigger a suspension when necessary. This includes temporarily changing names and/or addresses in PACSES to match the driver’s license record at Penn DOT, and correcting that information following the monthly date of the electronic cross match.

WESTMORELAND COUNTY

No Arrears Project

There is no question that computers have generally improved child support tremendously since they were first introduced in the 70s. But occasionally dependency on automation breeds complacency. Before automation, a non-custodial parent was expected to show up in court cash or check book in hand, and was generally expected to make a payment on the way out the door.

Because it is easy and non-confrontational, now we often simply set the order effective date in PACSES at let it run, knowing that the OOA (Payments ordered on arrears) will satisfy the arrears at some point.

There are two problems with that thinking. First, and most obvious, is that the custodial parent and children have to wait too long for their money. We know that a wage attachment can take up to six weeks to be in place. If there are problems, that time can increase by many weeks. Second, by allowing the NCP to skate until the Wage Assignment (WA) takes effect, the NCP runs the risk of running afoul of various enforcement sanctions. This is not the way to build a positive relationship with either party.

None of this helps with performance.

Inspired by a presentation at the 2004 Eastern Regional Interstate Child Support Association (ERICSA) Conference in Atlanta by Dr. Sherri Heller, Federal Child Support Commissioner, on “Front-End Enforcement,” our staff launched a program designed to get the money flowing from the start, thus reducing the need to enforce later.

Each new NCP is sent a form explanation entitled, “Important Information for Non-custodial Parents,” along with the notice to appear for a conference. The information encourages the NCP to come to the conference prepared to settle any debt.

At the conference the NCP is given the form entitled, “Wage Withholding and Your Obligation.” The NCP is also given a set of Temporary Payment Coupons addressed to SCDU along with envelopes. Each Conference Officer is required to make a full explanation to the parties when handing out the materials. The NCP is also encouraged to make a direct payment settlement with the CP at the conference. The Order will note such direct payment. Arrears will be adjusted accordingly. Of course, the NCP always had the opportunity of paying retro arrears off and making payments while waiting for the WA. We just want to make it easier for them to comply. It’s a little extra work up front to possibly avoid much more work later.

WESTMORELAND COUNTY WAGE WITHHOLDING ADVANCE NOTICE:

Important Information for Non-custodial Parents (Please read before the Support Conference)

If at the conference you are ordered to pay support, your liability begins with the day the custodial parent filed. Typically, that means most non-custodial parents—unless they have been making voluntary payments—will owe a month or more of support at the time of the conference. As soon as the order is entered, you will be liable for that back support.

If you are a wage earner, an order will be sent to your employer to withhold support from your pay and forward it to the State Collection and Disbursement Unit. Because it often takes several pay cycles for the withholding to take effect, you are required to make the payments to SCDU until you see the deductions from your pay.

To assist you in meeting this responsibility, the Conference Officer will give you several temporary payment coupons pre-addressed to SCDU along with mailing envelopes. Many non-custodial parents want to settle any arrears at the time of the conference. You may wish to come prepared to do that.

Failure to make payments on your own prior to the wage withholding taking effect has several unpleasant consequences. All arrears, including those accruing retroactive to the filing of the complaint for support, will be considered delinquent, triggering various automated enforcement remedies. You could be reported to the credit bureau, have your driver’s or professional license revoked, your taxes intercepted, your bank account frozen, and be charged with contempt of court.

It is our intent is to assist you in fulfilling your obligation to your children, and to avoid the unpleasantness of automated enforcement.

For further detail, please visit our website at : www.co.westmoreland.pa.us

Wage Withholding and Your Obligation

We will send to your employer an order to withhold an amount for support. Your employer will withhold this amount from your paycheck and forward it directly to the State Collection and Disbursement Unit (SCDU).

While the employer is asked to do this as quickly as possible, our experience is that it may take several pay cycles to get the mechanism established. You cannot simply sit back and wait for this to happen.

As a payor, obligated by court order to pay support, you are immediately responsible for making the payments. You are required to make payments directly to SCDU until you see the support withheld from your pay. To assist you, we are providing a small supply of Temporary Coupons with mailing envelopes. If you just agreed to an order or you know the terms of a recommended order, you know what arrears you have accrued to date. We encourage you to settle those arrears today at our payment window, then use the coupons to make subsequent payments every payday until your wage withholding takes effect.

You will notice an arrears payment amount in your order. We will wait 30 days before activating that amount. If at that time you still have an arrears balance, a new wage withholding order with the arrears payment added, will automatically be sent to your employer.

It is our intent is to assist you in fulfilling your obligation to your children, and to avoid the unpleasantness of automated enforcement.

     1 Readers Digest, October 1994, p. 139
     2 23 Pa. C.S. 4345
     3 23 Pa. C.S. 4344
     4 42 Pa. C.S.A. 961
     5 42 Pa. C.S. 9754
     6 Ibid
     7 Ibid
     8 61 P.S.§309.1

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LAST UPDATED 08/13/2004