Posts Tagged ‘Child’

New York State Child Support

New York State Child Support

The amount of child support depends on the parents’ income. For families where the combined income of both parents is under 0,000, the state of New York set Child Support guidelines. They are:

17% of the combined parental income for one child
25% of the combined parental income for two children
29% of the combined parental income for three children
31% of the combined parental income for four children; and
no less than 35% of the combined parental income for five or more children

In reality, the only thing that matters is the income of the non-custodial parent, who must pay a certain percentage of their salary to the custodial parent. While in theory both parents must spend 17% (or 25%, 29%, 31%, etc.), since it is the non-custodial parent who gives money to the custodial parent, that’s the only person whose income matters. If your annual salary is ,000 and you have one child, you will pay ,500 no matter whether the custodial parent is making 0,000 a year or nothing at all.

If you have two children with two different people, you must pay 17% for each child. Likewise, if you have two children each with two different people, you must pay 25% to each of the two parents of your four children. If you are already paying child support and another person is demanding child support for your other children, you may get credit for your present payments, thus reducing your child support burden.

Additionally, parents may be required to split other costs, such as medical expenses (including any co-pays required by the insurance company), baby-sitting, summer camp, private school and much more.

When permanent child support may not be issued immediately, the magistrate may issue temporary child support.

Once child support is set, payments may be paid directly to the custodial parent or to the Support Collections Unit (“SCU”). SCU will then send the money to the custodial parent. Payments may be directly withdrawn from a salary in some cases.

If a person does not pay child support, a “violation petition” may be filed. The petition may ask the court to take action against that party. A hearing is then held to decide whether the respondent is indeed in violation. The support magistrate may enforce the order by ordering the SCU to take the payments directly from the respondent’s paycheck, by ordering the respondent to pay a lump sum to reduce the amount of money owed to the custodial parent, or by taking other steps to collect the money owed, such as suspending the respondents driver’s, professional, and business licenses. Additionally, a jail sentence of up to six months may be imposed.

If there is a change in circumstances – such as job loss, increased or decreased salary – both parties may petition to modify the order. The party seeking a change in the order must file a modification petition containing a statement explaining the change in circumstances. The court then holds a hearing to consider changing the order.

It is very important to file to change the child support order if you lose all or part of your income. In New York state, arrears cannot be changed prior to the filing of the petition. That means that if you wait several months to file to change the order after you’ve lost your job, you will still be responsible for the ordered child support, even if you will have no way to pay. The magistrate will not be able to help you by relieving your responsibility for arrears prior to the filing of the petition, no matter the circumstances.

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Care your child : Nanny Job

Care your child : Nanny Job

Doing a nanny job is to take care of child with full time specialist manner at the employer’s home. Some time people think that nannies are baby sitters, housekeepers and teachers but it is all wrong. But the nanny is a person who provides his long term service for children in one family. As after the time passes the child grows he goes to school, and so on but a nanny works in the same home. Normally the duties of a nanny can vary from home to home, but their main jobs stands for taking care of a child’s needs like milk bottles, changing diapers, washing and ironing the child’s cloth, amusing the child by taking them out of the home or by reading or playing with them. They also teach a child disciplines according to their parents.

A nanny should be a very caring and sensitive person who understands a child’s needs. Normally a high school graduate who takes special training in child care and development can be a nanny. If trained nannies want to further process then she could train herself for teacher ship also. And then if they could serve as a nanny and teacher’s joined role which is a Governess. Normally governesses work in wealthy families. The main ways how to get a nanny job are school placement, employment agencies and classified ads. Unlike other child care workers an agency may request a min qualification as high school. A nanny normally works for a long term in a home. The nanny also locks also locks the safety gate and takes care of the house. There are some people who normally hire the nanny on agreement basis. And in that contract they ask for the commitment of 1 year or more than that, so the granny job seekers should read the agreement carefully before signing it.

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I child proofed my house, but they still got in Kids T Shirt 2T thru Youth XL

I child proofed my house, but they still got in Kids T Shirt 2T thru Youth XL

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Fighting Child Trafficking One Tweet at a Time

Diana Scimone, director of The Born2Fly Project to stop child trafficking, at a safehouse in Asia with children at-risk for trafficking

Orlando, FL (PRWEB) October 1, 2010

A Florida-based journalist-turned-abolitionist who was named by the Huffington Post as one of the “[top 10 women warriors of Twitter” has launched 10/10/10—a one-day Twitterthon on October 10, 2010, to raise funds to stop child trafficking.

Diana Scimone, a veteran journalist who for years has chronicled the billion-a-year human trafficking industry, founded the non-profit Born to Fly International to help end child slavery.

Scimone’s Twitterthon goal is for 10,000 people to give each on 10/10/10—the 0,000 needed to print a new child-trafficking awareness book and curriculum designed to reach kids before the traffickers do.

“Each year millions of kids are lured into sex slavery including all over the US because they don’t know the deceptive tactics of traffickers,” Scimone says. “What if we could warn kids and their parents ahead of time? What if we taught them about the lies traffickers use—and how to stand up to them? The rate of trafficking would drop and millions of kids would never be trafficked.”

That’s the goal of The B2F Project: to reach kids before the traffickers do. The centerpiece of the 6-week community campaign is a wordless picture book—wordless so that it doesn’t have to be translated into hundreds of languages. It teaches children to make wise choices, know who their true friends are, and spot empty promises of traffickers. A companion curriculum teaches the important concepts in the book.

Scimone visited numerous safehouses to write the storyline for the book, which was illustrated by artist Leah Wiedemer, and worked with a team of educators to develop the 70-page curriculum.

The wordless book and curriculum are being piloted in the Dominican Republic this month. The final versions are scheduled for release in early 2011 when Born to Fly will ship them to schools and community organizations that have requested them in Ghana, Thailand, Iran, Haiti, Germany, Cambodia, India, Bulgaria, the US, and elsewhere.

“Our goal is to give the materials away without charge, of course,” Scimone says. “So we’re counting on crowdfunding to help get this done.” Enter the 10/10/10 Twitterthon.

Crowdfunding 101

Twitter has become a major source of crowdfunding—raising funds by appealing to large numbers of ordinary people for small donations.

Last year Born to Fly hosted a Twitterthon on 09/09/09, which was featured on Mashable.com, one of the most respected social media authorities on the web, and in dozens of blogs. Scimone says the attention helped Born to Fly with a successful 09/09/09 Twitterthon including lots of awareness and new partnerships.

Going viral

Scimone, who regularly tweets as @dianascimone where she has 2,300 followers, says Twitter could not have arrived at a better time.

“What I love about Twitter is the community,” she explains. “Twitter connects me with people I don’t know, but should. That’s why last year’s Twitterthon went viral. People tweeted their followers, who in turn tweeted their followers, and in the end most of the donations came from people we didn’t know. It was ‘six degrees of separation’ in reverse.”

The 10/10/10 Twitterthon challenge

Children as young as pre-schoolers are lured into modern-day slavery all over the world, including in the US, where they’re raped for profit—night after night. “Some of these children are just 4 years old,” says Scimone, who wants the Twitterverse to get angry about that and then do something about it:

     Donate: Go to www.born2fly.org and use the orange Chip-in button to donate .
    Twitter: Tweet about it.
    Email: Tell 10 people about 10/10/10 and ask them to donate .
    Blog: Post about 10/10/10.
    Facebook: Talk about 10/10/10.
    Updates: Check Diana Scimone’s blog for the latest: www.dianascimone.com.

“Traffickers think kids are commodities,” Scimone says. “On 10/10/10, I challenge the Twitterverse to tell kids they’re priceless. All it takes is .”

###

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What is Child Pornagraphy? Contents From National Center for Missing Children

What is Child Pornagraphy? Contents From National Center for Missing Children

 

 

 

What is Child Pornography?

Under federal law, child pornography1 is defined as a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, photograph, film, video, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where it

depicts a minor engaging in sexually explicit conduct and is obscene, or

depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, and such depiction lacks serious literary, artistic, political, or scientific value.2

Sexually explicit conduct includes various forms of sexual activity such as intercourse, bestiality, masturbation, sadistic or masochistic abuse, and lascivious exhibition of the genitals.3 It is illegal to possess, distribute, or manufacture these images.

These illegal images can be presented in various forms including print media; videotape; film; compact disc, read-only memory (CD-ROM); or digital versatile technology (DVD)4 and can be transmitted through computer bulletin-board systems (BBS), USENET Newsgroups, Internet Relay Chat, web-based groups, peer-to-peer technology, and an array of constantly changing world wide web sites.5

All states and the District of Columbia have laws concerning child pornography. As a result a person who violates federal laws concerning these images may also face additional state charges.

Who Is a Minor?

Federal statute defines “minor” as any person younger than 18.6 “While a majority of states follow the federal statute, some state laws define ‘minor’ or ‘child’ as a youth younger than 14, 16, or 17.7 Delaware law includes any person 18 years of age and younger in its definition of a ‘child.’”8

Is Child Pornography a Crime?

Yes, the possession or distribution of child pornography is illegal under federal laws and laws in all 50 states; however, researchers and law-enforcement officials believe this crime is increasing and the increase is related to growing Internet use.9

In response to this growing crime, the U.S. Department of Justice (USDoJ) has responded in several ways including funding the National Center for Missing & Exploited Children’s CyberTipline, www.cybertipline.com, acting as the national clearinghouse for reports of Internet-related child pornography and other Internet-related sex crimes committed against children. The USDoJ also created regional Internet Crimes Against Children (ICAC) Task Forces to assist state and local law enforcement in handling these crimes and funded specialized Internet child exploitation units in federal law-enforcement agencies.10

Where Is Child Pornography Predominantly Found?

The development, increasing accessibility, and use of home-computer technology has revolutionized the distribution of these images by increasing the ease and decreasing the cost of production and distribution especially across international borders. Computer technology is transforming the production of these images into a “sophisticated global cottage industry.”11

It is not unusual to encounter illegal images while exploring legitimate areas of the Internet. A current study has estimated that “as much as 20 percent of all pornographic activity on the Internet may involve children”;12 however, accurate estimates are difficult to produce since a reliable methodology to measure the actual extent of these images online has yet to be devised.13 Nonetheless parents and guardians should closely monitor the online activities of their children and always maintain access to their children’s online accounts.

What Motivates People Who Possess Child Pornography?

• sexually interested in prepubescent children (pedophiles) or young adolescents (hebephiles), who use child pornography for sexual fantasy and gratification

• sexually “indiscriminate,” meaning they are constantly looking for new and different sexual stimuli

• sexually curious, downloading a few images to satisfy that curiosity

• interested in profiting financially by selling images or setting up web sites requiring payment for access15

Who Possesses Child Pornography?

The diversity of these possessors is exemplified by many factors including wide age ranges; incomes ranging from poverty to wealth; levels of education running the gamut from some not finishing high school to others having post college degrees; and those who come from cities, suburbs, small towns, and rural areas. Some are well known, well thought of in their communities, and/or have high-profile jobs. Others seem isolated, seem to be obsessed with the Internet, and/or have long criminal histories.16

Almost all child-pornography possessors (estimated 1,713) arrested between July 1, 2000, and June 30, 2001, were male, 91% were white, and 86% were older than 25. Only 3% were younger than 18. Most were unmarried at the time of their crime, either because they had never married (41%) or because they were separated, divorced, or widowed (21%). Thirty-eight (38%) percent were either married or living with partners.17

Of those estimated arrestees, most had sexually abusive images of prepubescent children (83%) and images graphically depicting sexual penetration (80%). Approximately 1 in 5 people arrested (21%) had images depicting sexual violence to children such as bondage, rape, and torture. More than 1 in 3 (39%) had child-pornography videos with motion and sound.18

Of those estimated arrestees, law enforcement found about half (48%) had more than 100 graphic still images, and 14% had 1,000 or more graphic images.19

Forty percent (40%) of those estimated arrestees were “dual offenders,” who sexually victimized children and possessed child pornography, with both crimes discovered in the same investigation. An additional 15% were dual offenders who attempted to sexually victimize children by soliciting undercover investigators who posed online as minors.20

How Old Were the Children Found in These Images?

According to investigators who handled the cases of estimated arrestees, most had images of children who had not yet reached puberty. Specifically 83% had images of children between ages 6 and 12; 39% had images of 3- to 5-year-old children; and 19% had images of toddlers or infants younger than age 3.21

Are the Children in the Images Boys or Girls?

According to investigators who handled the cases of estimated arrestees, 62% had pictures of mostly girls. Fourteen percent (14%) had pictures of mostly boys. Fifteen percent (15%) had pictures showing boys and girls in about equal numbers.22

How Graphic Are the Images?

According to investigators who handled the cases of estimated arrestees, most had graphic images explicitly showing sexual acts by or on children. Specifically 92% had images of minors focusing on genitals or showing explicit sexual activity; 80% had pictures showing the sexual penetration of a child, including oral sex; 71% possessed images showing sexual contact between an adult and a minor, defined as an adult touching the genitals or breasts of a minor or vice-versa; 21% had child pornography depicting violence such as bondage, rape, or torture and most of those involved images of children who were gagged, bound, blindfolded, or otherwise enduring sadistic sex; and 79% also had what might be termed “softcore” images of nude or semi-nude minors, but only 1% possessed such images alone.23

What Are the Effects of Child Pornography?

It is important to realize these images can have a devastating and lasting effect on children. In addition to any physical injuries they might suffer in the course of their molestation, such as genital bruising, lacerations, or exposure to sexually transmitted diseases, child victims may also experience depression, withdrawal, anger, and other psychological disorders.24 Such effects may continue into adulthood. For instance women abused as children have statistically significant higher rates of nightmares, back pain, headaches, pelvic pain, eating binges, and other similar symptoms.25 Child victims also frequently experience feelings of guilt and responsibility for the abuse and betrayal, a sense of powerlessness, and feelings of worthlessness and low self-esteem.26 These feelings are often expressed through increased fearfulness and changes in sleep patterns including re-occurring memories, flashbacks, dreams, and nightmares associated with posttraumatic stress.27 Younger children tend to externalize stress by re-enacting sexual activities through play, while adolescents may experience negative effects on their growing sexuality as a result of inappropriate early sexual experiences.28

The lives of children featured in these illegal images are forever altered, not only by the molestation but by the permanent record of the exploitation. Once sexual exploitation takes place, the molester may document these encounters on film or video. This documentation can then become the “ammunition” needed to blackmail the child into further submission, which is necessary to continue the relationship and maintain its secrecy. In addition these documented images allow molesters to “relive” their sexual fantasies with children long after the exploitation has stopped.

A greater number of child molesters are now using computer technology to organize and maintain their collections of these illegal images. They are also using the Internet to increase the size of these collections. Personally manufactured illegal images of children are especially valuable on the Internet, which provide the molester with a respected status among fellow exploiters and traders of this material. Once this status is achieved, molesters will often begin to trade images of their own sexual exploits with children.

When these images reach cyberspace, they are irretrievable and can continue to circulate forever. Thus the child is revictimized as the images are viewed again and again.

How Do Online Exploiters Find Children?

After this initial meeting, these individuals will often continue to communicate with the child electronically or through other means. Some of these individuals may then attempt to lower the child’s inhibitions by gradually introducing sexual content into their online conversations and even send the child sexually abusive images of other children. When children are shown images of peers engaged in sexual activities, they are led to believe this behavior is acceptable. This lowers their inhibitions and makes it easier for the molester to take advantage of the child sexually.

Parents and guardians are strongly encouraged to speak openly with their children about online risks and monitor their online activities.

End Notes

1As stated by Janis Wolak, Kimberly Mitchell, and David Finkelhor in Internet Sex Crimes Against Minors: The Response of Law Enforcement (Alexandria, Virginia: National Center for Missing & Exploited Children, November 2003, page vii), “The term ‘child pornography,’ because it implies simply conventional pornography with child subjects, is an inappropriate term to describe the true nature and extent of sexually exploitive images of child victims. Use of this term should not be taken to imply that children ‘consented’ to the sexual acts depicted in these photographs; however, it is the term most readily recognized by the public, at this point in time, to describe this form of child sexual exploitation. It is used in this [document] to refer to illegal pictorial material involving children under the standards developed by statute, case law, and law-enforcement-agency protocols. It is hoped a more accurate term will be recognized, understood, and accepted for use in the near future.”

218 U.S.C. § 1466A and 18 U.S.C. § 2256.

3Id.

4Eva J. Klain, Heather J. Davies, Molly A. Hicks. Child Pornography: The Criminal-Justice-System Response (Alexandria, Virginia: National Center for Missing & Exploited Children, March 2001, page 1) [hereinafter Response], citing Daniel S. Armagh, Nick L. Battaglia, and Kenneth V. Lanning, Use of Computers in the Sexual Exploitation of Children, Office of Juvenile Justice and Delinquency Prevention, Portable Guides to Investigating Child Abuse. Washington, D.C.: U.S. Department of Justice, 1999, page 6.

5Response, supra note 4, page 1.

6Janis Wolak, David Finkelhor, and Kimberly Mitchell. Child-Pornography Possessors Arrested in Internet-Related Crimes: Findings From the National Juvenile Online Victimization Study (Alexandria, Virginia: National Center for Missing & Exploited Children, 2005, page ix) [hereinafter Possessors] citing 18 U.S.C. § 2256(1).)

7Possessors, pages ix-x citing research conducted by the National Center for Missing & Exploited Children in December 2004 which found, in regard to state statutes criminalizing possession of child pornography, 37 states define “minor” or “child” as a youth younger than the age of 18 (Alaska, ALASKA STAT. § 11.61.127(a); Arizona, ARIZ. REV. STAT. § 13-3551(5); California, CAL. PENAL CODE § 311.11(a); Colorado, COLO. REV. STAT. § 18-6-403(2)(a); Connecticut, CONN. GEN. STAT. § 1-1d; Florida, FLA. STAT. ch. 827.01(2); Georgia, GA. CODE ANN. § 16-12-100(a)(1); Hawaii, HAW. REV. STAT. § 707-752(2); Idaho, IDAHO CODE § 8-1507(2)(b); Illinois, 720 ILL. COMP. STAT. 5/11-20.1(6); Iowa, IOWA CODE § 728.1(4); Kansas, KAN. STAT. ANN. § 21-3516(a)(2); Kentucky, KY. REV. STAT. ANN. §§ 2.015, 500.080(9); Massachusetts, MASS. GEN. LAWS ch. 272, § 29C; Michigan, MICH. COMP. LAWS § 750.145c(b); Minnesota, MINN. STAT. § 617.246(1)(b); Mississippi, MISS. CODE ANN. § 97-5-31(a); Missouri, MO. REV. STAT. § 573.010(2); Montana, MONT. CODE ANN. §§ 45-5-625, 45-8-205; New Mexico, N.M. STAT. ANN. § 30-6A-3(A); North Carolina, N.C. GEN. STAT. § 14-190.13(3); North Dakota, N.D. CENT. CODE § 12.1-27.2-05(1); Ohio, OHIO REV. CODE ANN. § 2907.01(M); Oklahoma, OKLA. STAT. tit. 21, § 1024.1(A); Oregon, OR. REV. STAT. § 163.665(1); Pennsylvania, 18 PA. CONS. STAT. § 6312(d)(1); Rhode Island, R.I. GEN. LAWS § 11-9-1.3(c)(3); South Carolina, S.C. CODE ANN. § 16-15-375(3); South Dakota, S.D. CODIFIED LAWS § 22-22-24.1(3); Tennessee, TENN. CODE ANN. § 39-17-1002(3); Texas, TEX. PENAL CODE ANN. § 43.26(a); Utah, UTAH CODE ANN. § 76-5a-2(5); Virginia, VA. CODE ANN. § 18.2-374.1:1(A); Washington, WASH. REV. CODE § 9.68A.011(4); West Virginia, W. VA. CODE § 61-8C-1(a); Wisconsin, WIS. STAT. § 948.01(1); Wyoming, WYO. STAT. ANN. § 6-4-303(a)(i)); 3 define “minor” or “child” as a youth younger than the age of 17 (Alabama, ALA. CODE § 13A-12-192; Arkansas, ARK. CODE ANN. § 5-27-302(1); and Louisiana, LA. REV. STAT. ANN. § 14:81.1(A)(3)); 7 define “minor” or “child” as a youth younger than the age of 16 (Indiana, IND. CODE § 35-42-4-4(c); Maryland, MD. CODE ANN., Crim. Law § 11-208(a); Nevada, NEV. REV. STAT. 200.730; New Hampshire, N.H. REV. STAT. ANN. § 649-A:2(I); New Jersey, N.J. STAT. ANN. § 2C: 24-4(b)(1); New York, N.Y. PENAL LAW § 263.16; and Vermont, VT. STAT. ANN. tit. 13, § 2821(1)); and 1 defines “minor” or “child” as a youth younger than the age of 14 (Maine, ME. REV. STAT. ANN. tit. 17, § 2924(2-A)).

The age of a “child” in Nebraska depends on whether the child is a participant (younger than 18 years of age) or a portrayed observer (younger than 16 years of age). NEB. REV. STAT. § 28-1463.02(1).

In the District of Columbia, possession of child pornography with the intent to disseminate may be prosecuted under the general obscenity statute; however, mere possession is not mentioned. D.C. CODE ANN. § 22-2201(a)(1)(E). There are two criminal offenses that address “sexual performances using minors”: “using a minor in a sexual performance” and “promoting a sexual performance by a minor.” D.C. CODE ANN. § 22-3102. For these offenses, “minor” is defined as any person younger than 16 years of age. D.C. CODE ANN. §§ 22-3101(2), 22-3102.

8Possessors, supra note 6, page x citing DEL. CODE ANN. tit. 11, § 1103(e).

9Possessors, supra note 6, page ix.

10Id.

11Response, supra note 4, page 3, citing Child Pornography: An International Perspective, World Congress Against the Commercial Sexual Exploitation of Children, Stockholm, Sweden, August 27-31, 1996, page 9.

12Response, supra note 4, page 3, citing Allotted Day on Child Pornography, 36th Parliament, 1st Session, Edited Hansand 1, No. 172, February 2, 1999, page 12.

13Response, supra note 4, page 3.

14Possessors, supra note 6, page x citing Response, supra note 4 and M. Taylor and E. Quayle. Child pornography: An Internet crime. Hove: Brunner-Routledge, 2003.

15Possessors, supra note 6, page x.

16Id., pages 2-3.

17Id., pages 1-2.

18Id., page vii.

19Id., page 7.

20Id., page viii.

21Id., page 4.

22Id., page 5.

23Id.

24Response, supra note 4, page 10, citing Bentovim and Bentovim, “The Effects on Children and Their Families” in Organized Abuse: The Current Debate, pages 60-62 [hereinafter Effects on Children].

25Response, supra note 4, page 10, citing Jeanne McCauley, David E. Kern, Ken Kolodner, et al., Clinical Characteristics of Women with a History of Childhood Abuse: Unhealed Wounds, 277 JAMA 1197, page 1362.

26Response, supra note 4, page 10, citing Heather Y. Swanston, Jennifer S. Tebbutt, Brian I. O’Toole, and R. Kim Oates, Sexually Abused Children 5 Years After Presentation: A Case-Control Study, 100 Pediatrics, 1997, page 600, 603.

27Response, supra note 4, page 10, citing Effects on Children, supra note 24, pages 60-62.

28Id.

What is the Molestation of Children?

Every child is vulnerable to sexual exploitation. Child victims can be boys as well as girls and older as well as younger.

Child molestation can include

Fondling or touching

“Flashing” or exposing adult genitals to a child

Showing sexually explicit material to a child

So called “normal” sexual activity such as vaginal or anal intercourse or oral stimulation of the genitals

So called “deviant” sexual activity such as urination, defecation, sadomasochism, or bondage

Child molesters can use many methods such as

Child molesters most often manipulate child victims into complying with sexual activity by “grooming” them with attention, affection, and gifts over a period of time. Sometimes this “grooming” is aimed at the parent of very young children in order for the child molester to obtain the family’s trust and thereby gain access to the child.

Adapted from Child Molesters: A Behavioral Analysis. Copyright © 2001 National Center for Missing & Exploited Children. All rights reserved.

Signs of Sexual Exploitation in Children

Parents, grandparents, and guardians should be aware of the signs noted below that could indicate your child has been sexually molested. You should note that some of these behaviors may have other explanations, but it is important to assist your child no matter what the cause of these symptoms or behaviors.

Changes in behavior, extreme mood swings, withdrawal, fearfulness, and excessive crying

Bed-wetting, nightmares, fear of going to bed, or other sleep disturbances

Acting out inappropriate sexual activity or showing an unusual interest in sexual matters

A sudden acting out of feelings or aggressive or rebellious behavior

Regression to infantile behavior; clinging

School or behavioral problems

Changes in toilet-training habits

A fear of certain places, people, or activities

Bruises, rashes, cuts, limping, multiple or poorly explained injuries

Pain, itching, bleeding, fluid, or rawness in the private areas

If you observe any of these behaviors, talk to your child about the causes. Behavioral changes such as these may be due to causes other than sexual exploitation such as a medical, family, or school problem. Also keep in mind that sometimes children do not always demonstrate obvious signs such as these but may do or say something that hints at the exploitation.

Information adapted from

Coaxing or persuading a child into sexual activity

Overpowering or threatening to harm a child into sexual activity

Individuals looking for potential child victims online have no difficulty finding them. It is quite common for these individuals to frequent “kids only” chatrooms and communicate with children who unwittingly divulge personal information about themselves. A more recent phenomenon is the solicitation of sex over the Internet.

 

 

 

 

 

There is not much research about the motivations of people who possess child pornography. But, from the little information that exists, it suggests these people are a diverse group who use sexually abusive images of children for a variety of reasons.14 Those who possess child pornography include people who are

 

The Internet has created an exciting new world of information and communication for anyone with access to online services. While this technology offers unparalleled opportunities for children and adults to learn about the universe we live in, it has also had an immeasurable impact on the sexual exploitation of children, specifically the distribution of sexually exploitive images of children.

 

 

 

 

 

What is Child Pornography?

Under federal law, child pornography1 is defined as a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, photograph, film, video, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where it

depicts a minor engaging in sexually explicit conduct and is obscene, or

depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, and such depiction lacks serious literary, artistic, political, or scientific value.2

Sexually explicit conduct includes various forms of sexual activity such as intercourse, bestiality, masturbation, sadistic or masochistic abuse, and lascivious exhibition of the genitals.3 It is illegal to possess, distribute, or manufacture these images.

These illegal images can be presented in various forms including print media; videotape; film; compact disc, read-only memory (CD-ROM); or digital versatile technology (DVD)4 and can be transmitted through computer bulletin-board systems (BBS), USENET Newsgroups, Internet Relay Chat, web-based groups, peer-to-peer technology, and an array of constantly changing world wide web sites.5

All states and the District of Columbia have laws concerning child pornography. As a result a person who violates federal laws concerning these images may also face additional state charges.

Who Is a Minor?

Federal statute defines “minor” as any person younger than 18.6 “While a majority of states follow the federal statute, some state laws define ‘minor’ or ‘child’ as a youth younger than 14, 16, or 17.7 Delaware law includes any person 18 years of age and younger in its definition of a ‘child.’”8

Is Child Pornography a Crime?

Yes, the possession or distribution of child pornography is illegal under federal laws and laws in all 50 states; however, researchers and law-enforcement officials believe this crime is increasing and the increase is related to growing Internet use.9

In response to this growing crime, the U.S. Department of Justice (USDoJ) has responded in several ways including funding the National Center for Missing & Exploited Children’s CyberTipline, www.cybertipline.com, acting as the national clearinghouse for reports of Internet-related child pornography and other Internet-related sex crimes committed against children. The USDoJ also created regional Internet Crimes Against Children (ICAC) Task Forces to assist state and local law enforcement in handling these crimes and funded specialized Internet child exploitation units in federal law-enforcement agencies.10

Where Is Child Pornography Predominantly Found?

The development, increasing accessibility, and use of home-computer technology has revolutionized the distribution of these images by increasing the ease and decreasing the cost of production and distribution especially across international borders. Computer technology is transforming the production of these images into a “sophisticated global cottage industry.”11

It is not unusual to encounter illegal images while exploring legitimate areas of the Internet. A current study has estimated that “as much as 20 percent of all pornographic activity on the Internet may involve children”;12 however, accurate estimates are difficult to produce since a reliable methodology to measure the actual extent of these images online has yet to be devised.13 Nonetheless parents and guardians should closely monitor the online activities of their children and always maintain access to their children’s online accounts.

What Motivates People Who Possess Child Pornography?

• sexually interested in prepubescent children (pedophiles) or young adolescents (hebephiles), who use child pornography for sexual fantasy and gratification

• sexually “indiscriminate,” meaning they are constantly looking for new and different sexual stimuli

• sexually curious, downloading a few images to satisfy that curiosity

• interested in profiting financially by selling images or setting up web sites requiring payment for access15

Who Possesses Child Pornography?

The diversity of these possessors is exemplified by many factors including wide age ranges; incomes ranging from poverty to wealth; levels of education running the gamut from some not finishing high school to others having post college degrees; and those who come from cities, suburbs, small towns, and rural areas. Some are well known, well thought of in their communities, and/or have high-profile jobs. Others seem isolated, seem to be obsessed with the Internet, and/or have long criminal histories.16

Almost all child-pornography possessors (estimated 1,713) arrested between July 1, 2000, and June 30, 2001, were male, 91% were white, and 86% were older than 25. Only 3% were younger than 18. Most were unmarried at the time of their crime, either because they had never married (41%) or because they were separated, divorced, or widowed (21%). Thirty-eight (38%) percent were either married or living with partners.17

Of those estimated arrestees, most had sexually abusive images of prepubescent children (83%) and images graphically depicting sexual penetration (80%). Approximately 1 in 5 people arrested (21%) had images depicting sexual violence to children such as bondage, rape, and torture. More than 1 in 3 (39%) had child-pornography videos with motion and sound.18

Of those estimated arrestees, law enforcement found about half (48%) had more than 100 graphic still images, and 14% had 1,000 or more graphic images.19

Forty percent (40%) of those estimated arrestees were “dual offenders,” who sexually victimized children and possessed child pornography, with both crimes discovered in the same investigation. An additional 15% were dual offenders who attempted to sexually victimize children by soliciting undercover investigators who posed online as minors.20

How Old Were the Children Found in These Images?

According to investigators who handled the cases of estimated arrestees, most had images of children who had not yet reached puberty. Specifically 83% had images of children between ages 6 and 12; 39% had images of 3- to 5-year-old children; and 19% had images of toddlers or infants younger than age 3.21

Are the Children in the Images Boys or Girls?

According to investigators who handled the cases of estimated arrestees, 62% had pictures of mostly girls. Fourteen percent (14%) had pictures of mostly boys. Fifteen percent (15%) had pictures showing boys and girls in about equal numbers.22

How Graphic Are the Images?

According to investigators who handled the cases of estimated arrestees, most had graphic images explicitly showing sexual acts by or on children. Specifically 92% had images of minors focusing on genitals or showing explicit sexual activity; 80% had pictures showing the sexual penetration of a child, including oral sex; 71% possessed images showing sexual contact between an adult and a minor, defined as an adult touching the genitals or breasts of a minor or vice-versa; 21% had child pornography depicting violence such as bondage, rape, or torture and most of those involved images of children who were gagged, bound, blindfolded, or otherwise enduring sadistic sex; and 79% also had what might be termed “softcore” images of nude or semi-nude minors, but only 1% possessed such images alone.23

What Are the Effects of Child Pornography?

It is important to realize these images can have a devastating and lasting effect on children. In addition to any physical injuries they might suffer in the course of their molestation, such as genital bruising, lacerations, or exposure to sexually transmitted diseases, child victims may also experience depression, withdrawal, anger, and other psychological disorders.24 Such effects may continue into adulthood. For instance women abused as children have statistically significant higher rates of nightmares, back pain, headaches, pelvic pain, eating binges, and other similar symptoms.25 Child victims also frequently experience feelings of guilt and responsibility for the abuse and betrayal, a sense of powerlessness, and feelings of worthlessness and low self-esteem.26 These feelings are often expressed through increased fearfulness and changes in sleep patterns including re-occurring memories, flashbacks, dreams, and nightmares associated with posttraumatic stress.27 Younger children tend to externalize stress by re-enacting sexual activities through play, while adolescents may experience negative effects on their growing sexuality as a result of inappropriate early sexual experiences.28

The lives of children featured in these illegal images are forever altered, not only by the molestation but by the permanent record of the exploitation. Once sexual exploitation takes place, the molester may document these encounters on film or video. This documentation can then become the “ammunition” needed to blackmail the child into further submission, which is necessary to continue the relationship and maintain its secrecy. In addition these documented images allow molesters to “relive” their sexual fantasies with children long after the exploitation has stopped.

A greater number of child molesters are now using computer technology to organize and maintain their collections of these illegal images. They are also using the Internet to increase the size of these collections. Personally manufactured illegal images of children are especially valuable on the Internet, which provide the molester with a respected status among fellow exploiters and traders of this material. Once this status is achieved, molesters will often begin to trade images of their own sexual exploits with children.

When these images reach cyberspace, they are irretrievable and can continue to circulate forever. Thus the child is revictimized as the images are viewed again and again.

How Do Online Exploiters Find Children?

After this initial meeting, these individuals will often continue to communicate with the child electronically or through other means. Some of these individuals may then attempt to lower the child’s inhibitions by gradually introducing sexual content into their online conversations and even send the child sexually abusive images of other children. When children are shown images of peers engaged in sexual activities, they are led to believe this behavior is acceptable. This lowers their inhibitions and makes it easier for the molester to take advantage of the child sexually.

Parents and guardians are strongly encouraged to speak openly with their children about online risks and monitor their online activities.

End Notes

1As stated by Janis Wolak, Kimberly Mitchell, and David Finkelhor in Internet Sex Crimes Against Minors: The Response of Law Enforcement (Alexandria, Virginia: National Center for Missing & Exploited Children, November 2003, page vii), “The term ‘child pornography,’ because it implies simply conventional pornography with child subjects, is an inappropriate term to describe the true nature and extent of sexually exploitive images of child victims. Use of this term should not be taken to imply that children ‘consented’ to the sexual acts depicted in these photographs; however, it is the term most readily recognized by the public, at this point in time, to describe this form of child sexual exploitation. It is used in this [document] to refer to illegal pictorial material involving children under the standards developed by statute, case law, and law-enforcement-agency protocols. It is hoped a more accurate term will be recognized, understood, and accepted for use in the near future.”

218 U.S.C. § 1466A and 18 U.S.C. § 2256.

3Id.

4Eva J. Klain, Heather J. Davies, Molly A. Hicks. Child Pornography: The Criminal-Justice-System Response (Alexandria, Virginia: National Center for Missing & Exploited Children, March 2001, page 1) [hereinafter Response], citing Daniel S. Armagh, Nick L. Battaglia, and Kenneth V. Lanning, Use of Computers in the Sexual Exploitation of Children, Office of Juvenile Justice and Delinquency Prevention, Portable Guides to Investigating Child Abuse. Washington, D.C.: U.S. Department of Justice, 1999, page 6.

5Response, supra note 4, page 1.

6Janis Wolak, David Finkelhor, and Kimberly Mitchell. Child-Pornography Possessors Arrested in Internet-Related Crimes: Findings From the National Juvenile Online Victimization Study (Alexandria, Virginia: National Center for Missing & Exploited Children, 2005, page ix) [hereinafter Possessors] citing 18 U.S.C. § 2256(1).)

7Possessors, pages ix-x citing research conducted by the National Center for Missing & Exploited Children in December 2004 which found, in regard to state statutes criminalizing possession of child pornography, 37 states define “minor” or “child” as a youth younger than the age of 18 (Alaska, ALASKA STAT. § 11.61.127(a); Arizona, ARIZ. REV. STAT. § 13-3551(5); California, CAL. PENAL CODE § 311.11(a); Colorado, COLO. REV. STAT. § 18-6-403(2)(a); Connecticut, CONN. GEN. STAT. § 1-1d; Florida, FLA. STAT. ch. 827.01(2); Georgia, GA. CODE ANN. § 16-12-100(a)(1); Hawaii, HAW. REV. STAT. § 707-752(2); Idaho, IDAHO CODE § 8-1507(2)(b); Illinois, 720 ILL. COMP. STAT. 5/11-20.1(6); Iowa, IOWA CODE § 728.1(4); Kansas, KAN. STAT. ANN. § 21-3516(a)(2); Kentucky, KY. REV. STAT. ANN. §§ 2.015, 500.080(9); Massachusetts, MASS. GEN. LAWS ch. 272, § 29C; Michigan, MICH. COMP. LAWS § 750.145c(b); Minnesota, MINN. STAT. § 617.246(1)(b); Mississippi, MISS. CODE ANN. § 97-5-31(a); Missouri, MO. REV. STAT. § 573.010(2); Montana, MONT. CODE ANN. §§ 45-5-625, 45-8-205; New Mexico, N.M. STAT. ANN. § 30-6A-3(A); North Carolina, N.C. GEN. STAT. § 14-190.13(3); North Dakota, N.D. CENT. CODE § 12.1-27.2-05(1); Ohio, OHIO REV. CODE ANN. § 2907.01(M); Oklahoma, OKLA. STAT. tit. 21, § 1024.1(A); Oregon, OR. REV. STAT. § 163.665(1); Pennsylvania, 18 PA. CONS. STAT. § 6312(d)(1); Rhode Island, R.I. GEN. LAWS § 11-9-1.3(c)(3); South Carolina, S.C. CODE ANN. § 16-15-375(3); South Dakota, S.D. CODIFIED LAWS § 22-22-24.1(3); Tennessee, TENN. CODE ANN. § 39-17-1002(3); Texas, TEX. PENAL CODE ANN. § 43.26(a); Utah, UTAH CODE ANN. § 76-5a-2(5); Virginia, VA. CODE ANN. § 18.2-374.1:1(A); Washington, WASH. REV. CODE § 9.68A.011(4); West Virginia, W. VA. CODE § 61-8C-1(a); Wisconsin, WIS. STAT. § 948.01(1); Wyoming, WYO. STAT. ANN. § 6-4-303(a)(i)); 3 define “minor” or “child” as a youth younger than the age of 17 (Alabama, ALA. CODE § 13A-12-192; Arkansas, ARK. CODE ANN. § 5-27-302(1); and Louisiana, LA. REV. STAT. ANN. § 14:81.1(A)(3)); 7 define “minor” or “child” as a youth younger than the age of 16 (Indiana, IND. CODE § 35-42-4-4(c); Maryland, MD. CODE ANN., Crim. Law § 11-208(a); Nevada, NEV. REV. STAT. 200.730; New Hampshire, N.H. REV. STAT. ANN. § 649-A:2(I); New Jersey, N.J. STAT. ANN. § 2C: 24-4(b)(1); New York, N.Y. PENAL LAW § 263.16; and Vermont, VT. STAT. ANN. tit. 13, § 2821(1)); and 1 defines “minor” or “child” as a youth younger than the age of 14 (Maine, ME. REV. STAT. ANN. tit. 17, § 2924(2-A)).

The age of a “child” in Nebraska depends on whether the child is a participant (younger than 18 years of age) or a portrayed observer (younger than 16 years of age). NEB. REV. STAT. § 28-1463.02(1).

In the District of Columbia, possession of child pornography with the intent to disseminate may be prosecuted under the general obscenity statute; however, mere possession is not mentioned. D.C. CODE ANN. § 22-2201(a)(1)(E). There are two criminal offenses that address “sexual performances using minors”: “using a minor in a sexual performance” and “promoting a sexual performance by a minor.” D.C. CODE ANN. § 22-3102. For these offenses, “minor” is defined as any person younger than 16 years of age. D.C. CODE ANN. §§ 22-3101(2), 22-3102.

8Possessors, supra note 6, page x citing DEL. CODE ANN. tit. 11, § 1103(e).

9Possessors, supra note 6, page ix.

10Id.

11Response, supra note 4, page 3, citing Child Pornography: An International Perspective, World Congress Against the Commercial Sexual Exploitation of Children, Stockholm, Sweden, August 27-31, 1996, page 9.

12Response, supra note 4, page 3, citing Allotted Day on Child Pornography, 36th Parliament, 1st Session, Edited Hansand 1, No. 172, February 2, 1999, page 12.

13Response, supra note 4, page 3.

14Possessors, supra note 6, page x citing Response, supra note 4 and M. Taylor and E. Quayle. Child pornography: An Internet crime. Hove: Brunner-Routledge, 2003.

15Possessors, supra note 6, page x.

16Id., pages 2-3.

17Id., pages 1-2.

18Id., page vii.

19Id., page 7.

20Id., page viii.

21Id., page 4.

22Id., page 5.

23Id.

24Response, supra note 4, page 10, citing Bentovim and Bentovim, “The Effects on Children and Their Families” in Organized Abuse: The Current Debate, pages 60-62 [hereinafter Effects on Children].

25Response, supra note 4, page 10, citing Jeanne McCauley, David E. Kern, Ken Kolodner, et al., Clinical Characteristics of Women with a History of Childhood Abuse: Unhealed Wounds, 277 JAMA 1197, page 1362.

26Response, supra note 4, page 10, citing Heather Y. Swanston, Jennifer S. Tebbutt, Brian I. O’Toole, and R. Kim Oates, Sexually Abused Children 5 Years After Presentation: A Case-Control Study, 100 Pediatrics, 1997, page 600, 603.

27Response, supra note 4, page 10, citing Effects on Children, supra note 24, pages 60-62.

28Id.

What is the Molestation of Children?

Every child is vulnerable to sexual exploitation. Child victims can be boys as well as girls and older as well as younger.

Child molestation can include

Fondling or touching

“Flashing” or exposing adult genitals to a child

Showing sexually explicit material to a child

So called “normal” sexual activity such as vaginal or anal intercourse or oral stimulation of the genitals

So called “deviant” sexual activity such as urination, defecation, sadomasochism, or bondage

Child molesters can use many methods such as

Child molesters most often manipulate child victims into complying with sexual activity by “grooming” them with attention, affection, and gifts over a period of time. Sometimes this “grooming” is aimed at the parent of very young children in order for the child molester to obtain the family’s trust and thereby gain access to the child.

Adapted from Child Molesters: A Behavioral Analysis. Copyright © 2001 National Center for Missing & Exploited Children. All rights reserved.

Signs of Sexual Exploitation in Children

Parents, grandparents, and guardians should be aware of the signs noted below that could indicate your child has been sexually molested. You should note that some of these behaviors may have other explanations, but it is important to assist your child no matter what the cause of these symptoms or behaviors.

Changes in behavior, extreme mood swings, withdrawal, fearfulness, and excessive crying

Bed-wetting, nightmares, fear of going to bed, or other sleep disturbances

Acting out inappropriate sexual activity or showing an unusual interest in sexual matters

A sudden acting out of feelings or aggressive or rebellious behavior

Regression to infantile behavior; clinging

School or behavioral problems

Changes in toilet-training habits

A fear of certain places, people, or activities

Bruises, rashes, cuts, limping, multiple or poorly explained injuries

Pain, itching, bleeding, fluid, or rawness in the private areas

If you observe any of these behaviors, talk to your child about the causes. Behavioral changes such as these may be due to causes other than sexual exploitation such as a medical, family, or school problem. Also keep in mind that sometimes children do not always demonstrate obvious signs such as these but may do or say something that hints at the exploitation.

Information adapted from

Coaxing or persuading a child into sexual activity

Overpowering or threatening to harm a child into sexual activity

Individuals looking for potential child victims online have no difficulty finding them. It is quite common for these individuals to frequent “kids only” chatrooms and communicate with children who unwittingly divulge personal information about themselves. A more recent phenomenon is the solicitation of sex over the Internet.

 

 

 

 

 

There is not much research about the motivations of people who possess child pornography. But, from the little information that exists, it suggests these people are a diverse group who use sexually abusive images of children for a variety of reasons.14 Those who possess child pornography include people who are

 

The Internet has created an exciting new world of information and communication for anyone with access to online services. While this technology offers unparalleled opportunities for children and adults to learn about the universe we live in, it has also had an immeasurable impact on the sexual exploitation of children, specifically the distribution of sexually exploitive images of children.

 

 

 

Adapted from

 

 

 

What to Do If a Child Discloses Sexual Exploitation

 

If your child discloses sexual exploitation, how you react is an important part of child protection.

 

 

 

Underreact to or minimize the information

 

Overreact to the information or panic

 

Criticize or blame your child

 

 

 

Respect your child’s privacy

 

Support your child and the decision to tell

 

Show physical affection, and express love and support with words and gestures

 

Explain to your child that he or she has done nothing wrong

 

Help your child understand it was the offender’s responsibility, not your child’s

 

Remember that children seldom lie about acts of sexual exploitation

 

Keep the lines of communication open

 

Seek appropriate medical care for your child

 

Notify law enforcement

 

Alert the child-protection, youth-services, child-abuse, or other appropriate social-services organizations in cooperation with law enforcement

 

Consider the need for counseling or therapy for your child and the entire family

 

Contact the National Center for Missing & Exploited Children’s 24-hour, toll-free telephone line to report any information about missing or sexually exploited children at 1-800-843-5678. This number is available throughout the United States, Mexico, and Canada. The TDD Hotline is 1-800-826-7653.

 

Often children do not disclose about incidents of sexual exploitation. It is up to attentive adults to recognize the

 

 

We have these resources and more at www.ChildProtectioncCommunity.com

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Child Support Contempt in Rhode Island (RI) By a Family and Divorce Law Attorney

Child Support Contempt in Rhode Island (RI) By a Family and Divorce Law Attorney

Child support contempt in Rhode Island (RI)

If a person violates a Rhode Island Family Court order by not paying child support, the parent with physical custody may file a motion to hold that person in contempt for failure to pay child support.  A person accused of not paying child support has a right to a hearing. The obligor parent has the right to proper notice under the Rhode Island Family Court Rules.

If the person owed child support (the parent with physical placement / custody) is on AFDC Benefits (welfare) than payment may be owed to the state of Rhode Island. In that event, the motion may be initiated by the State of Rhode Island, Child Support Enforcement rather than the father or mother with physical custody of the minor child.

A Child Support contempt proceeding could be part of a Rhode Island divorce, child custody, Complaint for separate Maintenance, dcyf petition, child visitation, paternity or other type of Family Court legal action. If there is a potential for incarceration and a person cannot afford a Rhode Island Family Law lawyer / attorney then the Family Court must insure that the person has an attorney representing him or her. The Judge usually has a list of Court Appointed attorneys who are paid for by the state. Otherwise, the Court will appoint  one of the lawyers from Rhode Island Legal Services to represent the person.

There is often an opportunity to settle the matter prior to any hearing in which a judge may find a person in willful contempt. A settlement typically may include any one of the following or a combination of the following or something different:  the obligor agreeing to remain current, paying a lump sum, a payment plan, staying current in addition to an arrearage order, etc.

In some situations, the parent with physical custody or Child Support enforcement is unwilling to settle the matter and insists on a hearing.

Technical contempt

If a person is found in technical contempt after a hearing, it means that the person has not complied with the child support order. However, the Court believes that the person had a legitimate reason or excuse for failure to pay, such as loss of job (being fired, laid off), decrease in income, disability, injured at work, unable to work, medical problems, or a myriad of other excuses or explanations. The judge also may not accept any of the above stated excuses as justification for failure to pay.

A person found to be in technical contempt will not be sentenced to the Adult Correctional Institution (aci) (jail)! However, the person may be ordered to find employment, raise a lump sum, stay current and / or make payments on the arrearage, pay attorneys fees, make certain lump sum payments, obtain a second job etc.

Most Judges have little patience for people who do not support their children. If the person has an excuse for nonpayment it better be a good one or they may find themselves in Jail. The amount of arrears and the person’s history for compliance or noncompliance is often crucial in a judge’s determination! If a person has a long history of  nonpayment then that person has a much higher likelihood to be held in willful contempt.

The more a person owes the more likelihood that the person will be held in willful contempt.

At a hearing the judge will look at all relevant supporting documentation that has been offered into evidence. The judge will almost always ask what the person can pay at that moment or whether they are able to immediately borrow money from friends or family. The Usual Dialogue is – “how much can you come up with to stay out of Jail and how quickly can you pay?” The RI Family Court judge may also be interested in whether a person has assets that he or she can sell.

If a person’s circumstances change then they need to file a motion to modify or suspend their child support rather then not make the payments! Child support does not automatically modify upon circumstances changing. If a modification is granted then the modification will be retroactive to the date of filing of the motion to modify not the date the circumstances actually changed. This does not mean that a person can unilaterally change their child support when they file a motion. It means that the child support will run retroactive after the Family Court issues an order modifying the child support. Therefore, if a person loses their job, becomes disabled, their hours are reduced or their pay decreases they must immediately file a motion to modify.

Child support can only be changed or modified if a motion is filed and an order enters. In many instances the judge’s response to a person’s plea to not hold them in contempt because they lost their job or their income decreased will be something like: “you should have filed a motion to modify or suspend child support when your circumstances changed rather than not pay.”

 
Willful contempt

A finding of willful contempt means that the judge believes that a person is thumbing their nose at the Court or has no reasonable justification for nonpayment. It could result from the judge not believing that the stated excuse for nonpayment is a justifiable excuse. A finding of willful contempt could also mean the following: 1) the person has the ability to pay and has not made payment 2) the person has not made proper efforts to find suitable employment 3) the person is able to work yet either isn’t working,  is underemployed or not making proper efforts to find employment.

The judge may believe that the contempt is willful because the person is lying, exaggerating his excuse or that the person is not acting in good faith.

If a person is found in willful contempt for not paying Rhode Island child support, the person could be sentenced to the aci from day to day. Contempt sanctions are  technically not criminal proceedings! However, since the sanctions could lead to jail time,  they are quasi criminal proceedings. Contempt proceedings are not  technically criminal because they are intended to compel compliance with child support orders rather then punish for nonpayment!

If a person is sentenced to the aci from day to day, then the judge of the Rhode Island Family court will usually state that upon payment of certain amount the person will be released from jail.  In child support contempt proceedings there is always a ticket out of jail by making a certain payment. A person could be held in willful contempt and not be sentenced to the aci.

Legal Notice per Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

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Nanny In Ohio – Find The Best Oh Child minders Online!

Nanny In Ohio – Find The Best Oh Child minders Online!

Looking for a nanny in Ohio on the web, most people haven’t a clue how to track down the most reliable nanny for them. Can they simply look through parents they chat with online, internet classified ads, or would it be better to inquire at a local daycare center? Does a pet owner have the instincts to judge which person to trust and whether this nanny is someone your child will trust, too? Probably one of the best and safest ways for making both you and your child happy is to employ the services of a referral company that has the resources to find you the best person for the job.

Find a Nanny in Ohio Now – Click Here!

As you begin your research into finding a nanny in Ohio, be sure you know yourself everything your sitter will have to do and what your expectations are. Such as will this person live in your home or elsewhere? Would he or she be considered a real kid person, e.g., willing to play with your child? Will your child be agreeable to a stranger’s care? Is your child’s safety the nanny’s main concern? or his health? Create a sample contract for your childcare provider to sign which specifies the duties that you want to find in a nanny.

After you have decided what is most important to you, the next thing to do is decide on the most efficient and effective way to get set up with a suitable nanny. One of the easiest ways is to get started with an internet-based “match-making” service for customers and providers. These types of solutions specialize in allowing the use of professional portal to view a large database of great caregivers who just might answer your list of requirements.

Hiring a nanny in Ohio near you is to take advantage of one of the many search engines out there; list at least two items to find: where you live (where your ideal nanny will also live), and something about the person you have in mind. Going over the possibilities which are now there for you, you take note of those that are likely the most compatible with your needs. Go over the advantages and disadvantages of each person and decide upon the person who is able to meet your various job requirements.

The best matching firms will offer you the following tools: a search of all the care providers by location, and a glimpse of the child provider through their online description (photograph, basic information about them, previous experience, etc.). If they offer a free trial program, which typically have the limitation of a certain time-frame, try it out right away – you just may find someone who’s a perfect match for you and your child.

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Child Support in Rhode Island-Comprehensive In Depth information by RI Lawyer

Child Support in Rhode Island-Comprehensive In Depth information by RI Lawyer

Rhode Island Child Support from Soup To Nuts by a Rhode Island Attorney

This article, written by a Rhode Island Divorce and Family Lawyer  explains in detail the following Rhode Island Child support Issues: Establishing, modifying, terminating, enforcing, contempt, college, daycare, overtime as well as an explanation of the RI support guidelines!! Article by David Slepkow 401-437-1100

Rhode Island Law Articles

Establishing Rhode Island Child Support:

How is Rhode Island (RI) Child Support determined in divorce cases, paternity cases, and child visitation cases?

In most cases, it is set by the “Rhode Island Family Court Child Support Formula and Guidelines”. In the vast majority of cases in Rhode Island, the minimum Rhode Island child support guideline amount is used..

However, a parent has the right to seek more then the minimum guidelines because the guidelines are supposed to be the minimum amount a parent will receive as child support. In Theory, The Guidelines are intended to be the floor rather then the ceiling for child support. In actuality, the minimum guidelines are used in the vast majority of Rhode Island cases.

The court is entitled to look at the assets of a party in determining child support. The Family Court can also look at extraordinary expenses of either party and can look at the needs and expenses of the parties. The Court can look at any circumstances the judge believes appropriate. If a person is underemployed or refusing to work when capable of working then the court can determine the earning capacity of the party. Some Judges consistently go over the minimum guidelines.

The Rhode Island guidelines uses an income shares model in which the adjusted gross income of both parents are used to determine the correct amount of child support. Essentially, the guidelines look at the combined adjusted Gross income of both parties. Adjusted gross income means the gross income of a party with certain required deductions from gross income for medical insurance & dental insurance. Another required deduction is for additional minor dependants (children). There are also certain discretionary deductions that some judges may allow such as life insurance costs.

After determining the combined adjusted gross income of the parties, the Rhode Island Guidelines should be utilized to determine what the state of Rhode Island believes that two parents with that amount of adjusted gross income would pay for support if the parents were still residing together. After that number is determined daycare expenses are added onto that amount.

The non custodial parent pursuant to the minimum guidelines should be obligated to pay a percentage of that amount set forth above that is the same same percentage of that persons adjusted gross income to the total adjusted gross income of both parties.

For example: If Mom makes 00 a month and dad makes 00 a month and each has 0 dollars of medical insurance payments then the adjusted gross income of mom is 0 and the adjusted gross income of dad is 3800. The combined adjusted gross income of both is 00. Dad makes .6 percent of the combined adjusted gross income of the parties and is required to pay 82.6 percent of the minimum guideline amount guideline amount plus the daycare expenses.

The next step is to get a copy of the most recent version of the Rhode Island Child Support Guidelines . This can be obtained at the Rhode Island Family Court. It is perplexing that, I cannot easily find the most recent guidelines on google . You need to look at the “Rhode Island Monthly Basic support Obligations” (effective November 1, 2007) (These Guidelines recently replaced the 2002 Guidelines) Please note that one of the most significant changes to the new 2007 guidelines is the “self support reserve for payors with very limited income.

Assuming that the parties have two children the guidelines indicate that the correct support amount is 6. assuming there is no daycare* in this hypothetical then the father would be obligated to pay 82.6 percent or 6 per month which would be 9.65 per month or 3 per week. (Please note that these figures use the 2004 guidelines not the new 2007 child support guidelines)

*(if there is daycare then add the work related child care costs minus the federal tax credit. Please note that the state of Rhode Island uses a rule of thumb of approximately 75 percent to 80 percent of the actual daycare expense)

The Guidelines in theory and in most cases in actuality are the minimum amount a person is required to pay. The judge has discretion to go over the minimum Rhode Island Guidelines if there is justification under the circumstances.

Some judges in Rhode island consistently go over the guidelines. The types of circumstances that may justify a judge issuing a child support order above the Rhode Island guidelines are:

a) Substantial assets

b) standard of living and expenses that far exceed reported gross income

c) extraordinary necessary expenses and needs related for the child

If the parties agree to child support below the Rhode Island child Support Guidelines, in some limited circumstances, it may be allowed. These circumstances could include, visitation exceeding the norm, extraordinary payments of the child expenses or even sometimes just based on the parties agreement.

Private School:

In Rhode Island (RI) Divorce and Child support cases, Can I get the father or mother of my child to be ordered to pay for private school education?

No, unless there is a contractual obligation, a stipulated consent order or there is an ongoing divorce.

Most judges take the position that there are suitable public schools for children to attend. However, If there is something in writing such as a property settlement agreement obligating one parent to pay for the private school education of the child, then the parent may be obligated to pay for the private school education.

Also, the parent could be ordered to pay for private school education in a divorce on a temporary basis, especially when it is in the middle of a school year and it would be disruptive for the child to transfer to a public school. Parents can certainly negotiate payment of private school education and the judge of The Family Court will usually approve the settlement in a court Order. That stipulated consent order could be enforced in a Family Court contempt proceeding.

College education:

Can I get the father or mother of my child to be ordered to pay for college?

No, Unless there is a written contractual agreement obligating payment of college expenses. Rhode Island child support terminates when a child turns 18 and graduates high school but not longer then the child attaining the age of 19. (Unless the child is severely disabled and then it goes unil the child turns 21)

The Court loses jurisdiction over the child when the child attains the age as set forth above. The Court cannot order payment of college but a Court may enforce a written property settlement agreement between the parties obligating payment of college.

Overtime:

What if my child’s parent works overtime? Will overtime be included in child support?

There is no standard law or rule in Rhode Island regarding whether or not the non-possessory parent’s overtime will be used to calculate child support. One Judge in Rhode Island consistently rules that overtime compensation cannot be used to calculate child support.

Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person’s income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.

Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. Other Judges in Rhode Island (RI) believe that overtime should always be a factor in child support. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.

Daycare and Child Support in Rhode Island:

Who is going to pay for my child’s daycare?

The Rhode Island minimum guidelines take into account both the importance and expense of daycare. The guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party’s percentage of the combined gross income of both parties.

For example: If the husband makes 0,000.00 and the wife makes ,000.00 the combined gross income for the parties is 0,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Guidelines amount.

Modifying Rhode Island Support in RI:

How is Child support modified in Rhode Island divorce and family law cases?

 Rhode Island Child Support is not automatically modified when there is a change in circumstances. The parent must file a motion to modify. When a motion for modification is filed a court date will be set by the clerk of the Rhode Island Family Court. In order to modify child support there must be a substantial change in circumstances. Under RI Law, a new child support amount does not run retroactive to when the circumstances actually changed! The new order should run retroactive to the date of the filing of the motion.

Therefore, you should not wait too long after circumstances change until you file for a modification of Rhode Island Child Support. There must be at least a ten percent change for a modification to occur unless the party agrees otherwise. You should contact a Rhode Island Divorce or Family law lawyer / attorney to see whether you are eligible for a modification.

What may constitute a substantial change in Circumstances pursuant to Rhode Island family law?

1. unemployment

2. disability

3. new dependant child

4. decrease in income of either party

5. increase in income of either party

6. increase in cost of daycare

7. increase in cost of medical insurance

8. a change in the financial circumstances of the either parent such as inheritance, acquiring assets

9. either party obtaining social security benefits (SSI or SSDI) or afdc benefits

10. new RI Child Support Guidelines promulgated.

11. loss of overtime income

12 a substantial bonus of either party

13 any other change in circumstances that is recognized by the Court.

Child support contempt in Rhode Island (RI)

If a person violates a Rhode Island Family Court order by not paying child support, the parent with physical custody may file a motion to hold that person in contempt for failure to pay. A person accused of not paying has a right to a hearing. The obligor parent has the right to proper notice under the Rhode Island Family Court Rules.

If the person owed child support (the parent with physical placement / custody) is on AFDC Benefits (welfare) than payment may be owed to the state of Rhode Island. In that event, the motion may be initiated by the State of Rhode Island, Child Support Enforcement rather than the father or mother with physical custody of the minor child.

A contempt proceeding could be part of a Rhode Island divorce, child custody, Complaint for separate Maintenance, dcyf petition, child visitation, paternity or other type of Family Court legal action. If there is a potential for incarceration and a person cannot afford a Rhode Island Family Law lawyer / attorney then the Family Court must insure that the person has an attorney representing him or her. The Judge usually has a list of Court Appointed attorneys who are paid for by the state. Otherwise, the Court will appoint one of the lawyers from Rhode Island Legal Services to represent the person.

There is often an opportunity to settle the matter prior to any hearing in which a judge may find a person in willful contempt. A settlement typically may include any one of the following or a combination of the following or something different: the obligor agreeing to remain current, paying a lump sum, a payment plan, staying current in addition to an arrearage order, etc.

In some situations, the parent with physical custody or Child Support enforcement is unwilling to settle the matter and insists on a hearing.

Technical contempt

If a person is found in technical contempt after a hearing, it means that the person has not complied with the child support order. However, the Court believes that the person had a legitimate reason or excuse for failure to pay, such as loss of job (being fired, laid off), decrease in income, disability, injured at work, unable to work, medical problems, or a myriad of other excuses or explanations. The judge also may not accept any of the above stated excuses as justification for failure to pay.

A person found to be in technical contempt will not be sentenced to the Adult Correctional Institution (aci) (jail)! However, the person may be ordered to find employment, raise a lump sum, stay current and / or make payments on the arrearage, pay attorneys fees, make certain lump sum payments, obtain a second job etc.

Most Judges have little patience for people who do not support their children. If the person has an excuse for nonpayment it better be a good one or they may find themselves in Jail. The amount of arrears and the person’s history for compliance or noncompliance is often crucial in a judge’s determination! If a person has a long history of nonpayment then that person has a much higher likelihood to be held in willful contempt.

The more a person owes the more likelihood that the person will be held in willful contempt.

At a hearing the judge will look at all relevant supporting documentation that has been offered into evidence. The judge will almost always ask what the person can pay at that moment or whether they are able to immediately borrow money from friends or family. The Usual Dialogue is – “how much can you come up with to stay out of Jail and how quickly can you pay?” The RI Family Court judge may also be interested in whether a person has assets that he or she can sell.

If a person’s circumstances change then they need to file a motion to modify or suspend their child support rather then not make the payments! Child support does not automatically modify upon circumstances changing. If a modification is granted then the modification will be retroactive to the date of filing of the motion to modify not the date the circumstances actually changed. This does not mean that a person can unilaterally change their child support when they file a motion. It means that the child support will run retroactive after the Family Court issues an order modifying the child support. Therefore, if a person loses their job, becomes disabled, their hours are reduced or their pay decreases they must immediately file a motion to modify.

Child support can only be changed or modified if a motion is filed and an order enters. In many instances the judge’s response to a person’s plea to not hold them in contempt because they lost their job or their income decreased will be something like: “you should have filed a motion to modify or suspend child support when your circumstances changed rather than not pay.”

Willful contempt:

A finding of willful contempt means that the judge believes that a person is thumbing their nose at the Court or has no reasonable justification for nonpayment. It could result from the judge not believing that the stated excuse for nonpayment is a justifiable excuse. A finding of willful contempt could also mean the following: 1) the person has the ability to pay and has not made payment 2) the person has not made proper efforts to find suitable employment 3) the person is able to work yet either isn’t working, is underemployed or not making proper efforts to find employment.

The judge may believe that the contempt is willful because the person is lying, exaggerating his excuse or that the person is not acting in good faith.

If a person is found in willful contempt for not paying Rhode Island child support, the person could be sentenced to the aci from day to day. Contempt sanctions are technically not criminal proceedings! However, since the sanctions could lead to jail time, they are quasi criminal proceedings. Contempt proceedings are not technically criminal because they are intended to compel compliance with child support orders rather then punish for nonpayment!

If a person is sentenced to the aci from day to day, then the judge of the Rhode Island Family court will usually state that upon payment of certain amount the person will be released from jail. In child support contempt proceedings there is always a ticket out of jail by making a certain payment. A person could be held in willful contempt and not be sentenced to the aci.

Terminating Rhode Island Child Support:

How do I terminate my obligation and stop wage garnishment in Rhode Island?

In Rhode Island (RI) child support does not automatically terminate when a child reaches 18 years old! Termination of a child support order is not automatic in Rhode Island! An order / obligation will only terminate if a motion to terminate is granted by a Judge of The Rhode Island Family Court. Unlike a motion to modify child support, a DR6 financial statement is not necessary unless there is an additional child in which an obligation will continue. If there is an additional child under 18 then a motion to terminate is really in essence a motion for modification of support.

Pursuant to RI law, child support is eligible to be terminated upon a child attaining the age of 18 and graduating high school but not longer then the child turning 19 years old. If the child is 18 years old and still in high school than child support may continue until the child graduates high school but not longer then the child attaining the age of 19. If a child is determined to be seriously disabled then child support may continue until the child attains the age of 21. If the Judge finds good cause the child support might continue for three months after graduation from high school.

A person should file a motion to terminate approximately 30-40 days prior to the child’s graduation from high school. If the child did not finish high school then a person should file their motion 30-40 days prior to the child’s 18th birthday. It will take a approximately 30-40 days until the clerk can schedule a hearing for the termination motion.

After the motion to terminate, the attorney must submit proper documentation and orders to the court, the obligors employer (to stop wage garnishment) and to the reciprocal clerk (to amend the computer records) If the computer records are not updated then the computer will continue to show an arrearage which may cause problems including automatic intercept of your tax refund, inability to obtain a passport among other problems.

What County in the Rhode Island Court system will the child support case be heard?

Al the counties in Rhode Island (Providence, Kent, Newport and Washington County) follow the same general rules and procedures. Providence County includes East Providence, Providence, Cranston, Cumberland, Barrington, Bristol, North Smithfield, woonsocket and other towns and cities. Kent County includes Warwick & North kingston, East Greenwich as well as other towns. Newport County includes Newport, Middletown & Portsmouth. Washington County includes South Kingstown, Wakefield, narragansett etc.

Legal Notice per Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.

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