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Support Responsibility

Posted
Editor, Times-Union:

This is again in reference to Mr. Hollar's letter regarding child support.

First off, I would agree that it is rather difficult for one to fulfill a child support obligation when they are behind bars, but let's look at how one might get into a predicament like that. There is almost always a history that follows that action. Perhaps, failing to cooperate with the courts or having an extensive criminal history might tarnish a reputation and ruin one's credibility. The court's job isn't to spoon feed the obligor. It is to do what is required by law. This may involve using many different channels in effort to see that the obligation is satisfied.

In many jurisdictions, courts use the "pay or appear" warrant as a way to encourage child support payments. When this method is used, a warrant is issued, and the defendant has the opportunity to satisfy the judgment prior to appearing before a judge. If payment cannot be made to satisfy the delinquency, then the defendant has the opportunity to plead his case to the judge. If the defendant is unsuccessful in pleading the case, the judge might use jail time as a reality check to show the obligor that nonsupport of a dependent is a very serious matter.

You are absolutely correct, Mr. Hollar, that being a parent is a huge commitment. It takes lots of time, patience and unconditional love. I would also agree that child support is a very vicious cycle for everyone who is involved. Parenthood is a very important decision, one that should be visited from all angles before you decide to entertain the notion.

I am also curious as to why if you paid over two grand in an attempt to satisfy your obligation, you still ended up in jail. Could it be that you failed to cooperate with the prosecutor's office when asked to sign over your insurance policy or maybe there are other skeletons in the closet? I understand that a 70 percent penalty is a tremendous loss, but there is a debt to pay. I would also like to stress that I am all for equality and father's rights. And it does seem like women do get the "kid gloves" when dealing with their cases. Again, it has to do with the wicked cycle. Some things in life just aren't fair.

As for the theory of parental alienation syndrome, it is not a medically or legally recognized defense. This isn't to say that the condition itself is not real. It just lacks a scientific foundation and has never been shown to have a valid explanation.

Mr. Hollar, you continue to paint this picture that you are the victim here. If the Indiana Court of Appeals couldn't be persuaded, many others won't be either.

P.S. I have been Mrs. Harter for 13-1/2 years, and together we share two children.

Michelle R. Harter

Warsaw, via e-mail