Current wisdom maintains that the best interest of the child is served by collecting the maximum amount of child support possible, without any consideration of the financial and emotional consequences to the family relationships that still exist, regardless of the fact of divorce. In this light, we feel that there are also numerous Constitutional issues that need to be examined. Under the law, the judge can do this if he or she believes that the individual has the ability to either raise or borrow the money from banks, friends, or family. The court can specify terms of employment, sometimes placing parents on a work furlough program. Of course, just Monday last, the California Supreme Court ruled in Moss, that the state does indeed have the right to jail a parent if they fail to obtain employment at an acceptable rate of pay.
Some parents pay less than a hundred dollars per month.
Others pay into the thousands per month. This problem occurs at several places in the custody and child support determination process. If an allegation is made about the fitness of the father to spend time with the child, his privileges are automatically suspended until such time as a hearing is held and a determination is made as to his fitness. The process of determination is not an evidentiary hearing, nor does it follow any criminal law procedures, rather, it is administrative. And a hearing officer or other professional has nearly carte blanche to rule on this.