This is the email:
On a whim, we called the NW Arkansas Regional Child Support Office. We asked if there was a child support worker named Yolanda. We were told. "please hold."
When the line became active again the person that answered said, "this is Yolanda."
We asked what her last name was and she refused to give it citing the "5th Amendment."
We asked her why she would tell a non-custodial parent that had an open OCSE enforcement that the non-custodial parent could not be arrested for non-payment unless the amount was $10,000.00 or more?
Smart ass Yolanda hung up on us. As an Arkansas citizen and taxpayer I have issues with state employee's like Yolanda that treat the people that pay her salary like shit.
In fact, the Department of Finance & Administration has a written policy that each and every DFA employee must sign and a copy of it is placed in their personnel file that specifically states that employees are to "promptly and accurately to all request for information and complaints regardless of the source."
DFA CODE OF ETHICS
Apparently Yolanda needs a remedial training course in Child Support Procedures 101.
Now we don't expect smart ass Yolanda to know the law like an OCSE attorney should, but there are training modules and OCSE policy that outline the necessary steps to collect unpaid support that OCSE workers are to take, including the suspension of licenses, and automatic pickup orders that are standard in most all OCSE cases.
Here you go Yolanda:
Title 5 - Criminal Offenses
Subtitle 3 - Offenses Involving Families, Dependents, Etc
Chapter 26 - Offenses Involving The Family
Subchapter 4 - Nonsupport
§ 5-26-401 - Nonsupport.
(a) A person commits the offense of nonsupport if he or she fails to provide support to the person's:
(1) Spouse who is physically or mentally infirm or financially dependent;
(2) Legitimate child who is less than eighteen (18) years of age;
(3) Illegitimate child who is less than eighteen (18) years of age and whose parentage has been determined in a previous judicial proceeding; or
(4) Dependent child who is physically or mentally infirm.
(b) (1) Nonsupport is a Class A misdemeanor.
(2) However, nonsupport is a:
(A) Class D felony if the person:
(i) Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support;
(ii) Has previously been convicted of nonsupport; or
(iii) Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support;
(B) Class C felony if the person owes more than ten thousand dollars ($10,000) but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law; or
(C) Class B felony if the person owes more than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law.
(c) The court may direct that a fine imposed upon conviction of nonsupport or a bond forfeited in connection with a prosecution for nonsupport be paid for the support and maintenance of the person entitled to support.
(d) A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of a spouse or any person who is responsible for maintenance of a dependent child that states that nonsupport has taken place.
(e) Any person found guilty of nonsupport is also responsible for the court costs and administrative costs incurred by the court.
(f) The state may take judgment against any defendant convicted of nonsupport for any money expended by any state agency for the support and maintenance of the person with respect to whom the defendant had a duty to support.
(g) It is an affirmative defense to a prosecution under this section that the defendant had just cause to fail to provide the support.
There are other individuals that have voiced concerns or made complaints about this particular OCSE office.
OCSE Director/Administrator Alan McVey needs to get a handle on this rogue office and see that they are doing the right thing and collecting funds that are due to care for children pursuant to vaild court orders.
