Editorial: Deadbeat parent bill needs work

Thursday, April 8, 1999 | 11:46 a.m.

Prosecutors are rightly concerned about how deadbeat parents are evading child support payments through such despicable means as choosing not to work, taking lower-paying jobs out of spite, or spending money frivolously. In an effort to give them an additional hammer to compel child support, the Washoe County district attorney's office is advocating that state legislation be passed that would allow prosecutors to go after these deadbeat parents.

Under Assembly Bill 617, the defenses offered by parents to avoid making payments would be restricted to end the previously mentioned loopholes. A parent who repeatedly misses support payments or owes a large amount of money could be charged with a felony, which could mean as much as six years in jail and fines up to $5,000.

While the intent of the legislation is meritorious, legislators on the Assembly Judiciary Committee justifiably questioned some of the provisions of AB617. Committee Chairman Bernie Anderson, D-Sparks, was concerned about a parent moving into a lesser-paying job even if there was no intention to help lower his payments. Washoe County Deputy District Attorney Joan Carthridge assured him that a judge would make the final decision on whether the job change was frivolous. Still, the burden of proof should be on the state to demonstrate that the person making a job change did so to lessen child payments.

Assemblywoman Barbara Buckley, D-Las Vegas, expressed concern about what happens to a parent who has his income seized -- all or in part -- by tax collectors. "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?" Buckley said. The legislation should be amended to cover these types of situations where nonpayment obviously is not voluntary.

Failure by parents to pay their child support is a genuine concern. Every tool at a prosecutor's disposal -- within reason -- should be used to get parents to pay what courts have ordered. But legislators must make sure that in their determination to get parents to pay what they owe, they don't in turn pass legislation that can be self-defeating, putting people in prison needlessly. After all, the child won't benefit if her parent is in prison and can't meet the payments. Putting parents in prison for nonpayment must be used only as a last resort after other remedies have been exhausted.