Child support collections set state record
By BARRY HALVORSON bhalvorson@journal-spectator.com

Wharton County's collecting of almost $3.2 million in child support payments contributed to a new state record during the past fiscal year.

In a letter sent to 329th Judicial District Judge Randy Clapp, the regional Attorney General's office thanked the Wharton County based court for its "continued joint efforts in assisting families affected by nonpayment of child support."

The state's fiscal year ended on Aug. 31.

In a phone interview, Janece Rolfe, an AG Child Support Services spokesperson, said collections in Wharton County were up $300,000 this year.

"There has been a slight caseload increase across the state, but collections are rising at a faster pace than the increase in cases," she said.

"Through our close association with the local district courts and district clerk offices, Wharton County's collections are comparable or better than the state average."

While the letter was addressed to Judge Clapp, he said in an interview that last year's positive results should be credited to the court's former judge, Daniel Sklar.

"The stats are due to his office, but I plan to continue try and improve on the start we've made in Wharton County," Clapp said.

The judge said one of the advantages Wharton County has is having a full-time person in the District Clerk Denice Malota's office dedicated to child support work.

"Since we have someone monitoring the program, the collection process is simple," he said. "If the custodial parent is not receiving the payments, they can contact the child support office which in turn contacts the district court. Cases are filed and heard quickly - typically in one or two months. The parent behind in the payments is served with a citation and ordered to appear in court."

If that parent fails to report, a warrant is issued and that usually prompts action.

"I've found once they are in custody, the money appears," Clapp said. "If they do show up voluntarily, we'll tailor a catch up payment plan for them. We'll also issue a withholding order with their employer."

Clapp said his experience shows most instances where payments are being stopped involved disagreements over a number of different issues between the parents.

By making payments an automatic deduction from a paycheck, it separates the payments and the disagreements which shouldn't be connected in the first place, he said.

Another key element of the local success is the cooperation of the Wharton County Bar Association.

"Another thing that helps is that all of the local attorneys in both Wharton and El Campo volunteer their efforts for those parents that can't afford an attorney," he said. "They are appointed to cases on a rotating basis and their fees are imposed on the non-paying spouse so it costs the county nothing. Many times, the attorney fees go unpaid but the attorneys see this as providing a public service and continue to be enthusiastic about participating."

Rolfe said that statewide, there are around to 1 million cases of individuals making child support payments. She said there is an established process for identifying and mandating payments be made to the custodial parent.

"If there is no court order requiring child support, we need to get a court order first," she said. "With busy court schedules, it always helps when the court is willing to schedule us a quick hearing. After we get a court order, if payments aren't made, then we need to get an enforcement action, which again requires close coordination with the court system."

Not all children receiving support are born to unmarried parents, Rolfe said.

The AG's office first tries to get both parents to voluntarily acknowledge paternity when a child is born. But if necessary, the courts can require paternity testing. Once established, the payments are mandated.

"And you have to remember not all of the payments are made to the mother," she said. "There are fathers out there who have been granted custody and receive payments from the mother."

Rolfe added that most Texas non-custodial parents pay willingly but when they do not, action is taken.

"Once an enforcement order is filed with the court and a person does not pay, they can be sent to jail for up to six months," she said. "There is also the possibility of seizing any financial accounts, suspending (driver's) licenses and confiscating federal tax returns."

Also on that list is garnishing wages. Rolfe said that is the most common way most Texans make their payments.

"Over 80 percent of the child support we collect is withheld," she said. "So we see that more of an efficient collection tool than as a means of enforcement. It makes it convenient for the person making the payments as well as for our office getting the payments to the proper people."