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4 UCLA Crim. Just. L. Rev. 117 (2020)
Piling on Debt: The Intersections between Child Support Arrears and Legal Financial Obligations

handle is hein.journals/uclaclj4 and id is 123 raw text is: PILING ON DEBT: The Intersections Between Child Support Arrears and Legal Financial Obligations Vicki Turetsky and Maureen R. Waller Abstract Child support is one of many debts that accumulate for poor non- resident parents during and after incarceration. As with legal financial obligations, child support debt functions as a form of cost recovery to the state, includes other fees, costs, and interest added onto the original child support order, and triggers aggressive enforcement measures. This Arti- cle focuses on child support policies that contribute to the debt burden held by the most disadvantaged parents, who are more likely to have con- tact with the criminal justice system and a history of incarceration. The Article first addresses cost recovery by the child support program and then discusses child support debt as a collateral consequence of incarcer- ation. The Article also points to key factors driving this debt, including support orders that are not based on ability to pay, and identifies enforce- ment strategies that can further reduce nonresident parents' ability to pay these debts, such as incarceration and driver's license suspension. We identify recent policy efforts that address the causes and consequences of accruing unmanageable debt, including during periods of incarcera- tion. The Article concludes with policy recommendations which would prioritize children's wellbeing over cost recovery and help disadvantaged parents make consistent child support payments, participate in the job market, and maintain family relationships. About the Authors Vicki Turetsky, J.D., was the federal child support commissioner during the Obama administration. Maureen R. Waller is Associate Pro- fessor of Policy Analysis and Management at Cornell University. This Article draws in part on research conducted for the Abell Foundation.1 We thank the foundation for permission to use this work. 1. See VICKI TURETSKY, THE ABELL REPORT: REFORMING CHILD SUPPORT TO IMPROVE OUTCOMES FOR CHILDREN AND FAMILIES, ABELL FOUNDATION (2019). © 2020 Vicki Turetsky and Maureen R. Waller. All rights reserved. 117

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