Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
118567780
label
JGR/Child Support Enforcement
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
118567780
contentType
document
title
JGR/Child Support Enforcement
citationUrl
identifierLocal
485
collections
Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
118567780
coverageEndDate
logicalDate
1986-12-31
year
1986
coverageStartDate
logicalDate
1982-01-01
year
1982
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
e436b1461557750e
ocrText
Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Child Support Enforcement
Box: 9
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
GAIL-JOY ALEXANDER
Communications Division
Washington
Public Affairs
Mr. Roberts:
Harriet Ellis asked me to pass
along to you a copy of the speech ABA president
John Shepherd plans to deliver at the Child
Support symposium tomorrow. As you can see,
he will announce his plans to make implementation
of the new legislation a priority of his administra-
tion. I hope this is helpful. If you have any
questions, feel free to call.
American Bar Associations
1800 M Street, N.W.
Washington, D.C.
(202) 331-2293
0270 1155-0000
"THE LAWYER'S SPECIAL CONCERN FOR
CHILD SUPPORT ENFORCEMENT"
CONCLUDING LUNCHEON REMARKS
To: Horowit
JOHN C. SHEPHERD
PRESIDENT
AMERICAN BAR ASSOCIATION
Bobeoffice.
THE SECRETARY'S SYMPOSIUM ON
CHILD SUPPORT ENFORCEMENT
Washington, D.C.
Friday, August 17, 1984
(Introduction by MARTHA McSTEEN, Commissioner of
Social Security, U.S. Dept. of Health and Human
Services, PRECEDES)
..,Thank you, Commissioner McSteen,
On behalf of the 300,000 members of the American
Bar Association асговs the country, I welcome this
opportunity to address this important symposium on
child support enforcement.
MARKET
ELIVERY
When I took office as President of the ABA lost
week ot our Annual Meeting in Chicago, I promised our
House of Delegates ",,to put the needs of the
children of America, which have long been overlooked,
high on the agenda of the American Bor Association."
Today I on moking my first public appearance since
toking office, and I con think of no better place to
begin to keep that promise than right here, before
this audience,
This symposium meets ot the beginning of 0 new eΓo
in child support enforcement. A biportison national
consensus in favor of improved enforcement has been
forged -- a consensus for which we can thank Secretary
Heckler, and the Congress.
Convincing both Houses of the Congress, during an
election year, to DOSS major substantive legislation
is 0 remarkable achievement. To have that legislation
pass unanimously, as the Child Support Amendments of
1984 did earlier this month, is even more remarkable,
- 2 -
But with the strong advocacy of Secretary Heckler
and the leadership of Senotors Dole, Bradley and
Durenburger in the Senate, and Congresswoman Kennelay
and Congressman Rostenkowski In the House, this has
been achieved. This legislation could never have been
passed without the efforts of many dedicated people,
to whom we owe a great debt.
However, I would like to say o few extra words
about our Secretory of Health. and Human Services,
Margaret Heckler, who is o remarkable public servant.
She is also, I am proud to say, 0 remarkable
lowyer, Her commitment to the children of this
country represents the highest standards of our
profession,
- 3 -
It was as 0 lawyer -- prior to becoming o member
of Congress -- thot Secretary Heckler, in her own
words, become deeply concerned with:
"...the destitution, the desperation,
and the simple human suffering of women
and children who were not receiving the
child support payments legolly owed
them."
As she put it, in her testimony before the Senate
Finance Committee lost foll --
Fronkly, it offends my conscience...
porent's first responsibility is to
reasonably provide for the upbringing
and welfore of his or her children. To
deny that responsibility is 0 cowardly
oct."
As a lawyer, and as a parent, I couldn't agree
more, In this country, one holf of the children
living with a parent who has o support order, are
deprived of the financial support to which they are
entitled, because 0 parent refuses to comply with the
court order,
- 4 -
The financial impact this failure to comply has on
these children, is dromotic and severe. While we may
never know the full extent of the deprivation -- and
even suffering -- which results when child support
payments are not received, the stotistical picture is
clear enough, The Census Bureau estimates that
defoulted payment of court-ordered support deprives
children in this country of nearly $4 billion a year
in support.
As President of the American Bar Association, I
must tell you that there is another, very disturbing
consequence of this foilure to obey our courts. Apart
from the serious financial hardship imposed on
children when parents refuse to comply with court
orders, it instills within our youngest civizens o
disrespect for the law,
- 5 -
When these children are learning at home that our
legal system is unable to enforce this most personal
entitlement, how can even the most skillful school
teacher reverse this indelible impression that the low
is powerless, and con be ignored?
The agenda of this symposium is of special concern
to the legal profession, The legal profession bears
considerable responsibility for the functioning of the
child support system. Private attorneys, -agency
counsel, prosecutors. and court administrators as well
as judges, all play important roles in this system,
For our part, the ABA has worked for the post five
years through our National Legal Resource Center for
Child Advocacy and Protection to ossist in this area.
The Center's Child Support Project -- which Was
represented by its Co-Director, Bob Horowitz in one of
your panels this morning -- has been working directly
with the problem of training attorneys in the area of
enforcement.
- 6 -
It is our intention that the Center, which
receives federal funding, will OCT as o major
information resource center in helping those who will
have the responsibility for implementing the new Child
Support Amendments of 1984,
As we see it, these amendments, which will have o
substantial impact on court and administrative
remedies, are of natural Interest to lowyers,
Individual lowyers and stote and local bar
associations should be port of the process of
implementing the new federal requirements contained in
the 1984 legislation.
They can be most helpful.
Here in the District of Columbio, for exomple, the
bor sponsored o study of the family court in 1981 and
1982, making important recommendations, such os having
the court registry's computer system notify Judges of
missed payments,
- 7 -
This was adopted by the D.C court, and Judges can
now initiate enforcement action without the custodial
parent hoving to use an attorney, We can thank Judge
Gladys Kessler -- who, I believe, may be in the
audience today -- for her strong leadership and Chief
Judge Moultrie of the D.C. Court for his strong
support of these innovations,
We believe that similor consultations by the
states also hold promise for similar suggestions from
the organized bor which con improve support
enforcement methods throughout the country.
It is imperative that the important reforms
discussed at this symposium are corried out in 0
monner consistent with due process and sound public
policy, We encourage those who will droft stote
legislation and guidelines to seek the old of the bor
in assuring that this is done.
- $ .
This is important, because the courts have struck
down a number of enforcement provisions used by some
states. The new legislation takes cognizance of these
recent court decisions and, to some extent, codifies
them. The amendments, for example, extend the same
protection to children of non-AFDC children as it does
patricuring
to members of AFDC fumilies, it also extends the
for establishing the patermity
statute of limitations with respect to children born
out of wedlock in poternity cases through age 18.
But there are provisions which could prove
difficult to implement, unless their application is
worked out corefully, In the case of mondotory income
witholding, for example -- even as states develop
speedy procedures for witholding after a delinquancy
occurs -- individuals obligated to provide child
support must be provided due process, The same is
true when Federal and State income tax refunds are to
be intercepted. Due process should still be
Our ABA Tax Section has generally opposed the use
of the IRS for any purpose other than tax collection,
though they did not oppose its use in this specific
law. Nonetheless, prudence dictates that we insure
that this enforcement tool does not have an adverse
impact on tax collection.
Tax law noncompliance, after all, is already a
serious national problem.
Another aspect of the legislation which will
concern lawyers are the requirements that the states
use expedited procedures for obtaining and enforcing
support. The new low does not mandate that these
procedures have full due-process protections,
including, for example, the right to have witnesses be
sworn.
Lawyers will also be concerned that the support
guidelines which are developed, reflect the true costs
of raising the child, and that they assure -- to the
extent possible -- that the child enjoys a fair
standard of living, We encourage you to include the
legal profession in developing these standards. Mony
support guidelines currently in use are the product of
bar association efforts.
I bring these matters to your attention now,
because it is essential, if the new low is to have the
impact we all want, and the respect it requires, that
appropriate consideration be given to the rights of
everyone involved.
The way to do this is by estoblishing a close,
cooperative partnership among those who are assigned
by their respective states with responsibility for
drafting implementing legislation and regulations and
the legal profession in those same states.
- 11 -
On our part, at the national level, the American
Bar Association, through the Child Support Project,
and the Family Low Section, will work with lowyers and
bar groups to help implement this law.
In my own dealings with our state and local bar
associations, I intend to request the legal profession
to cooperate as fully as possible in these efforts.
For the legal profession, the important issue of
enforcement of child support is part of 0 much larger
concern with how our lows and our courts deol with
children across the board.
We are concerned with child abuse -- over one
million children are estimated to be abused or
neglected each year.
We are concerned with missing and exploited
children -- close to two million children are reported
as missing from their homes each year:
We are concerned with youth alcohol and drug
problems.
- 12 -
And there are other, equally compelling problems
affecting children which require action by the bar,
not the least of which is the entire range of Juvenile
justice concerns,
The American Bar Association has important
projects underway in each of these areas,
Working to assure that our children receive the
rights and protection they deserve is one of the most
important ways our profession can support the couse of
Justice and the future of America, These efforts can
not only have on immediate effect on the quality of
the lives of our children, but can olso have a losting
impact on their development as productive, low-dbiding
citizens. The need is urgent. The mission is one of
our most important.
This Symposium has been a working conference,
You've made a good start, But there remains much to
be done, We hope you will call on us often,
Thank you for inviting me
1128g
####