Abstract

State legislatures across the country have invested substantial time, energy and resources devising methods to collect child support from delinquent parents. Arizona's legislature has grappled with the issue for several years. In June 1990, the Arizona legislature enacted a unique and controversial child support enforcement mechanism, which applies only to self-employed licensed professionals who are not subject to wage withholding. Senate Bill 1382 denies, suspends, or revokes professional licenses of noncustodial parents who owe outstanding child support.

This Note analyzes whether S.B. 1382 complies with the due process clause of the Fourteenth Amendment. First, Section I traces the slow historical development of child support enforcement, from early non-recognition of the support obligation to the present advancements in collection efforts. Next, Section II establishes the modem context in which the Arizona legislature enacted S.B. 1382, as well as describing the law's provisions and procedures. Finally, Section III raises potential federal constitutional challenges to S.B. 1382 and predicts their success based upon challenges made to analogous child support methods and licensure suspension cases.

In conclusion, S.B. 1382 will likely survive any constitutional challenge and prove to be an effective collection mechanism for those able but unwilling to pay support. The law, however, is misguided because of the harsh consequences it creates for individuals who are unable to pay support. It will deny them licenses and the opportunity to work. S.B. 1382, thus, will not collect support from these individuals; instead, the law will punish them. When the law becomes nothing more than a mechanism to punish delinquent parents, it loses its effectiveness as a child support enforcement mechanism, and both the delinquent parents and the children suffer. Society must intervene and provide for the children when the non-custodial parents cannot. Otherwise the real goal of a law like S.B. 1382 is not to help the child but to punish the parent.

How to Cite