Frustrated by a deadbeat parent? Try invoking the dog law.

• Author: Eaton, O.H., Jr.
• Position: Florida

Family practitioners occasionally run into the deadbeat parent who simply refuses to obey the order directing payment of support. These cases are frustrating for several reasons.

True deadbeats have no money or assets. They live off of the income of others, usually day by day, or they rely upon the generosity of friends for assistance through the hard times.

Deadbeats believe they have nothing to lose. They have no job. They have no status. They have no property. They perceive themselves to be creatures deserving of sympathy due to their pathetic state which was caused by the custodial parent who now is to blame for the whole thing.

The usual civil remedies such as income deduction orders and writs of execution or sequestration do not produce needed monetary support. To add to the frustration, the custodial parent is usually destitute, or nearly so, and cannot afford counsel.

Sometimes the court files in these cases are voluminous because the deadbeat is pro se and is making a career out of dragging the custodial parent to court over trivial matters, thus jeopardizing employment and putting the custodial parent even more at the mercy of the deadbeat. How should the family law practitioner and the courts approach these cases?

One approach is to apply "dog law." Now, I do not claim this concept to be original with me. I learned the concept during a lecture by Professor Calvin Woodard of the University of Virginia College of Law several years ago.

According to Professor Woodard, there are two kinds of law: "human law" and "dog law."

"Human law" is the law of reason. It assumes that human beings are rational and are able to obey the law or weigh the advantages and disadvantages of violating the law by assessing the risk of being caught, evaluating the possible penalties, and deciding whether violating the law is worth the risk. By way of example, "human law" principles are assumed in criminal statutes, zoning ordinances, and the law of contract.

"Dog law," on the other hand, does not include any rational reasoning. When a dog jumps up on a couch, the couch gets dirty. The dog does not realize that this is a problem. If the dog's owner slaps the dog, he will get off of the couch. After being slapped a few times, the dog will not jump on the couch. This is not because the dog understands that he is getting the couch dirty, but because the dog knows he will get slapped if he jumps up on it.

"Dog law" is particularly applicable to deadbeat parents. It is not rational to refuse to pay child support. It is not rational for an ablebodied person to refuse to earn a living in order to avoid paying child support. Deadbeat parents justify their irrational behavior as a way to get back at the custodial parent or to get the custodial parent back.

Most family practitioners fail to recognize the realities of the situation with deadbeat parents and attempt to use civil contempt as a remedy to enforce payment of support. Civil contempt is the application of "human law," and it will not work. Let me explain.

Civil Contempt

Deadbeat parents are...