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Child support law feels wrong, but probably isn’t

Next month, a new state law takes effect that prevents the accumulation of large amounts of late child support by parents incarcerated for 180 days or longer, not on work release, not having external income and who meet other standards.

The idea is to prevent incarcerated parents from accumulating such debt that upon release, re-integration into society is virtually impossible and such individuals might find themselves almost immediately facing incarceration again. The new law does not forgive any past-due support that was owed prior to termination of the monthly support obligation. Additionally, the state’s Child Support Program will help parents re-establish support payments following the release of a noncustodial parent if the child is still under the age of 18. The support obligation will be based on a parent’s earnings post incarceration.

Many might immediately characterize this as being “soft” on wayward parents – that being incarcerated should not let one off the hook for child support. Reality check: it is rare for one to build up such a tremendous debt while incarcerated and subsequently be able to pay it. Instead, custodial parents might deceive themselves and, authorities claim, might not move on to employment or other options that are going to produce better result for custodial parent and child.

Instead the legislation reflects acceptance of reality. “According to a 2012 study from the Center for Policy Research, the two most important factors in a former prisoner’s successful reentry into the community are employment and positive relationships with family,” said Leann Bertsch, director of the North Dakota Department of Corrections and Rehabilitation, in the press release. “This law helps to reduce a major barrier for a successful transition back into the community by reducing overwhelming debt that can set people up for failure and possible re-incarceration.”

Bertsch is one of the most forward-thinking, innovative figures in state government. She is not alone in supporting the measure. The North Dakota Department of Human Services’ Child Support Division also supported the legislation.

As uncomfortable as it may be for some to digest this change, it is still probably the right things to do. Yes it is hard, morally, to appear to give any “break” to scofflaw parents. However continuing to saddle the entire public with the ridiculous cost of incarceration while, at the same time, not actually providing any financial relief to custodial parents might provide a cathartic reaction, but no real benefit to everyone. This is sadly a case where how policy sounds and how policy impacts are simply at odds with one another.

It isn’t a perfect solution. But the law kicking in on Jan. 1 does appear to make solid sense. This might be a case where we have to look at the bigger picture to determine what the best, current option is.

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