District attorneys want new tools to go after deadbeat dads

Kiley Russell

Wednesday, April 7, 1999 | 9:53 a.m.

CARSON CITY - Deadbeat parents shouldn't be able to avoid child support payments because they choose not to work, are deeply in debt or just spend too much on other things, prosecutors say.

The Washoe County district attorney's office urged the Assembly Judiciary Committee on Tuesday to pass AB617, a bill providing more tools to go after the worst cases of child support avoidance.

"Sloth, a change of lifestyles, or pursuit of career changes" are not acceptable excuses for shirking child support duties, said Deputy District Attorney Joan Carthridge.

"This puts in statute what is not an acceptable defense. Without them, a defendant can throw up a bunch of defenses just to see what sticks," she added.

But Judiciary Chairman Bernie Anderson, D-Sparks, worried that the bill would prevent people moving from jobs even if those moves weren't calculated to help them avoid payments.

"It doesn't prevent you from changing jobs at all. It prevents you from changing jobs when you wouldn't have the ability to support your children," Carthridge responded.

She added that if the move would greatly reduce someone's income, they'd have to go back to court to get support payments reduced. The judge would have final say on whether the job change was frivolous or not.

Assemblywoman Barbara Buckley, D-Las Vegas, questioned what would happen if tax collectors seized all or part of someone's income.

"Voluntary indebtedness I can understand and excessive spending is fair - but let's say the IRS attached his checks. Why wouldn't you want that considered as part of the defense?" she asked.

Madelyn Shipman, a Washoe County assistant district attorney, said Buckley raised a good point and her office would look into changing the bill's language to cover such situations.

Other critics said the bill would overburden the defense and is simply too drastic.

"This allows a for $200 felony. If a person misses two $100 payments, they could be prosecuted for a felony," said John Morrow of the Washoe County public defender's office.

Under AB617, anyone who repeatedly misses support payments or owes a large amount of back-payments could be charged with a felony. That could result in up to six years in jail and fines up to $5,000.

"The last thing we want is to take people out of work and put them in jail. This is only if all civil options have been exhausted," Carthridge said later.