There are certain life circumstances that can make it difficult for someone to meet their child support obligation. As debt accrues, the arrears on a child support case can seem insurmountable. While the DES Division of Child Support Services (DCSS) works with child support payors to help them meet their obligation through various programs, the Procedural Justice Alternative to Contempt (PJAC) research program enabled DCSS to find new innovative solutions for those faced with financial barriers. In Johanna’s and Vincent’s case, this made all the difference.
In 2016, the Federal Office of Child Support Enforcement (OCSE) granted child support agencies from six states a budget to participate in the Procedural Justice Alternative to Contempt (PJAC) research program. Through a competitive process, Arizona DCSS was selected as one of six state agencies that operate under section IV-D of the Social Security Act. Eligible IV-D child support cases were chosen at random to receive enhanced services through the PJAC program.
The PJAC model was designed to support greater engagement as compared to non-PJAC cases, from both the child support caseworker as well as the support payor and recipient. PJAC research supports the theory that if five principles are implemented, barriers for non-payment will be addressed, improving consistent payments and positive engagement with the child support agency and the other party or parent.
When court orders aren’t followed in normal child support cases, it often results in contempt of court and punitive actions. Comparatively, cases that were selected for the PJAC research program received enhanced services from PJAC designated caseworkers who implemented the following key principles as alternatives to contempt of court: neutrality, voice, helpfulness, understanding and respect.
Program Project Specialist II, Jose Echeverria, applied each of the five principles in Johanna’s and Vincent’s case that began in 1999. The case became eligible for the program in 2019 because one parent was determined by the courts to be financially capable to pay child support, but faced barriers to making payments. “Many cases have a long history of unresolved issues that can sometimes be resolved by ‘outside-the-box thinking’ or a less forceful approach, while still abiding by required guidelines,” said Program Project Specialist II, Jose Echeverria. The PJAC model allows case managers to pursue innovative strategies to reduce child support debt.
The Program model addresses some individuals’ perception that, historically, child support practices nationwide seem one-sided with unequal treatment of the support payor and support recipient. “After so long of feeling like things were one-sided, Jose came into my corner…he actually did something for me and made this possible,” said support payor Vincent.
PJAC caseworkers build relationships with both parties of child support cases, treating them equally and fairly. “If this was applied regularly, it would work out for a lot of people. I think that’s a reason why other people don’t want to follow up. It’s not always easy communicating with the parties,” said Johanna. Both support payors and recipients commonly report negative feelings related to child support, long response times and the effort related to making contact as barriers for engagement with Child Support programs.
Jose contacted both Vincent and Johanna to inform them of the options available to move the case forward. “When Jose called it was perfect timing. My daughter’s car broke down and she could use the support,” said Johanna. Jose was able to mediate as Vincent and Johanna agreed to a settlement. “Jose never used language I didn’t understand. I always knew what I needed to do next to keep things moving on the case,” said Vincent.
The options for a regular settlement case are for the support payor to pay the total negotiated rate up front or within three months. Through enhanced services, Jose was able to extend the terms to four months per agreement of both parties. “I was also able to match [Vincent] dollar for dollar on [arrears owed to the State] through the PJAC incentive forgiveness program for consistent, voluntary payments,” explained Jose. He kept detailed records of payments and talked to each parent often to ensure the process moved forward without delay.
Jose was able to mediate between the two parents, fostering respect and understanding. Johanna highlighted that with Jose’s help, she and Vincent were able to agree and communicate on “an adult level.” Jose frequently welcomed questions and suggestions from Johanna and Vincent, which gave both parties a voice. “It was a really smooth process. Jose was always available to answer my questions. He was so fast at responding,” said Johanna.
“[Johanna] is a good person and I just wanted to do the right thing,” Vincent explained. “I never would have been able to do this if it wasn’t for Jose stepping in.”
Broader lessons and statistical research outcomes on PJAC implementation, which concluded earlier this year, are expected in 2023. Aside from the six participating state agencies, PJAC principles are being implemented in more child support agencies across the country. The program model is being evaluated for future implementation.