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Is DHR helping you?

8/2/2012

2 Comments

 
Is DHR helping you collect child support?
I was in domestic relations court today. My client is currently ordered to pay $400.00 per month in child support plus arrearages. My client has been paying his child support each month with an additional $100.00 toward the arrears for the past several months. The attorney for DHR made it clear that he did not represent the mother in this case but in fact representef only "the program"  meaning IV-D services. He quickly explained to me that he wanted to put the father in jail in spite of his consistent payments. He explained that it was the best thing for "the program." I protested, "if you put the father in jail his payments to mother will be reduced to $0.00. That certainly does not serve the interest of the child or the mother." DHR's attorney remained indifferent and went on to explain that "the program" would be served if he were to make an example of my client even if doing so harmed the mother and the child. I also over heard the judge explain that she had received instructions from the presiding judge of the circuit that the jail was overcrowded and that judges were to avoid issuing writs of arrest for persons that were not dangerous or violent. She then stated that she considered all persons who had not paid child support to be dangerous. So it looks like a man consistently paying child support is dangerous and must be jailed if he cannot pay all child support arrears immediately. I doubt that mother or child feel safer now that a father who has never threatened anyone will be off the street. And we can all feel safer knowing that mothers and children are of little or no concern to DHR. After all "the program" must be protected. If you are a mother expecting DHR to help you, remember you swim at your own risk. 
2 Comments
b
8/5/2012 04:13:19 am

I have called DHR an reported the use of and presence of drugs in the home of my child. Nothing has been done. What is my next step?

Reply
Austin Burdick
8/5/2012 10:19:39 pm

You have a few options. If there has been a prior custody proceeding you can hire an attorney and file a petition to modify to seek custody. You also have the option of filing a dependency petition with the juvenile court alleging the issues that you mentioned above. There are pros and cons to either approach. To get good advice on this issue you will need to sit down with an attorney and provide detailed information regarding the facts of your case. Call me and lets set up a meeting. 205.481.2131

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    Austin Burdick is an experienced appellate and constitutional attorney.

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