This document discusses issues relating to veterans and child support obligations. It outlines the various enforcement actions Maryland's child support enforcement office can take to collect unpaid child support, including wage garnishment and license suspension. It notes that while child support matters are civil, incarcerated parents facing jail time for unpaid support may not have an automatic right to an attorney. The document then discusses common feelings veterans with unpaid child support experience and how unpaid obligations can negatively impact their ability to find housing and employment. It provides an overview of programs to help incentivize payment of child support and offers HPRP's services to assist veterans with child support issues.

1. Veterans’ Child Support
Issues
Katie Scott, Esq.
Director of Pro Bono Programs
Homeless Persons Representation Project

2. Child Support Judgments and
Arrears
In MD, the child support enforcement office can:
Withhold child support from wages and unemployment benefits, as well as
some federal benefits
Intercept federal and state tax refunds to pay child support arrears
Report parents owing past-due support to credit bureaus
Refer parents owing past-due support to the MVA for driver’s license
suspension
Intercept Maryland lottery winnings to pay child support arrears
Garnish accounts at financial institutions
Request the suspension or revocation of a professional or recreational
license
Bring contempt of court actions against that parent (possible jail time)
Deny the issuance or renewal of a passport
Refer cases for federal prosecution when non-custodial parents move to
another state to avoid paying child support

3. Child Support Arrears and Jail Time
2011 Supreme Court case Turner v. Rogers held that
a parent in child support arrears does not have
automatic right to an attorney, even if he faces jail
time. The Sixth Amendment right to an attorney
applies only in criminal matters (child support matters
are civil in nature).
Turner also holds, however, that the debtor can avoid
jail if he can demonstrate his inability to pay and
requires procedures to ensure that the debtor knows
this.

4. Child Support and the Veteran
Common feelings or excuses
Fear: “I might be arrested.”
Stress: “Already too much on my plate.”
Guilt: “I can’t face them.” (i.e., kids and or ex)
Anger: “She won’t let me see the kids anyway.”
Shame: “I don’t want to be called a deadbeat
dad.”

5. The Effect of Child Support Arrears
on Society
Many homeless veterans find that their ability to
move into permanent housing is compromised by
child support debts.
Many of these obligations were incurred while the
veteran was homeless, in a phase of active addiction,
or otherwise untreated for a serious mental illness.
For incarcerated veterans, the growing arrears from
unpaid child support can be particularly damaging to
their ability to reintegrate into the community.
Difficulty in finding (or fear of seeking) formal
employment combined with homelessness can lead
to recidivism.

6. Dealing with Child Support Issues
Positive reasons for coming forward:
Stops the arrearage from building up more
Avoid health issues or a psychiatric relapse
“To improve self-esteem”
“To see my kids”
“To get a competitive job or a professional
license”

7. How HPRP Can Help
HPRP does not currently provide direct representation
in child support matters. However, we can:
 Refer to CSE to resolve informally
 Refer to University of Baltimore Law School Civil Law Clinic if
necessary for the case to go to litigation
 Refer to a private attorney, if appropriate
 If out of state, refer to appropriate legal services agency
HPRP conducts intake at shelters every other month
for expungement and service-connected veterans’
benefits. We screen at intake for outstanding child
support issues. We also accept walk-in clients for
veterans’ benefits cases.

8. Child Support Payment Incentive
Program
Encourages non custodial parents (NCP) to make
consistent child support payments by:
 Reducing State owed arrears by half if the NCP makes full
child support payments for one year.
 Eliminating the balance owed to the State if the NCP makes
full child support payments for two years
 Any arrears owed to the family will not be reduced.
Eligibility Criteria
 Applicant has a Maryland court order and there is an arrears
balance owed to the State because the custodial parent
received public assistance.
 Applicant’s gross income is less than 225% of the federal
poverty level.
 Applicant has not been terminated from the program three
times.

9. How Things Change for the Veteran
Veteran feels they are an integral part of the
community
Veteran can get real employment, with
benefits - no need to “hide out” or work “under
the table”
Veteran feels increased self-esteem
Back-up plan or “safety net” for possible
relapse or hospitalizations

10. How Things Change for the Veteran
Veteran can have a bank account
Veteran can keep or regain drivers and
professional licenses
Possibility for newly established visitation with
children or prior visitation order resumed
Tax and penalties are no longer increasing

11. Upcoming Changes…
Treasury Department rule effective March
2013 protecting veterans, social security and
other federal benefits from seizure by creditors
EXCEPT state collection of unpaid child
support.
HPRP as possible pilot site in Baltimore for
ABA’s project to help homeless veterans
comply with child support obligations.

12. Any questions?
Katie Scott, Esq.
Director of Pro Bono Programs
Homeless Persons Representation Project
201 North Charles St., Suite 1104, Baltimore, MD 21201
Direct: 410-685-6589 ext. 14
Toll Free: 1-800-773-4340 ext. 14
Fax: 410-625-0361
hprpprobono@hprplaw.org