WHY AMERICA’S CHILD SUPPORT LAWS VIOLATE BASIC BIBLICAL PRINCIPLES
By Rinaldo Del Gallo, III, Esq.
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Sunday, June 10, 2007
Last week, I started a series of articles on what I hope to be an exposition on how current child support laws (and divorce laws), violate basic biblical principles. This is not to say that child support in the abstract is or is not unbiblical. Rather, it discusses child support as it actually is in the United States. Last week, I spoke about how the bible forbids bribery, and yet that is what is happening to our family courts. Literally, the federal government pays greater money to states that award more in child support
This week, I aim to write about another unbiblical practice, taking away one’s ability to earn a living and put on food on the table. Its an odd biblical principle in that not only is a rule that God wants us to live by, but a mafia loan shark lives by this principleâ€â€nobody with half a brain would want to destroy the ability of an individual to pay his dept. You can’t imagine a gangster giving out the order, “Go break Johnny’s hands and make sure he never drives again, because I don’t want him to be able to pay us back.”
Here are the relevant biblical principles.

“Do not take a pair of millstonesâ€â€not even the upper oneâ€â€as security for a debt, because that would be taking a man’s livelihood as security.†Deuteronomy 24:6.
“1 Woe to those who make unjust laws,
to those who issue oppressive decrees, 2 to deprive the poor of their rights
and withhold justice from the oppressed of my people,
making widows their prey
and robbing the fatherless.
What will you do on the day of reckoning,
when disaster comes from afar?
To whom will you run for help?
Where will you leave your riches?â€Â
We will be focusing on Deuteronomy 24:6.
THE LAW: Under the laws in many states, including Massachusetts, the very means to earn a living can be taken away. In Massachusetts, drivers licenses may be taken away due to a failure to pay child supportâ€â€unlike actual drunk drivers, those in arrears for child support cannot apply for hardship licenses. Also, in Massachusetts and many states, professional licenses may be suspended or revoked.
One pro-child support website put it thusly, “The law does not care if a non-custodial is unemployed, filing for bankruptcy, or even homeless, child support must be paid and will be enforced. Did you know that child support enforcement agencies in most states can suspend the driver’s license? Not only can they suspend the drivers’ license, but also any professional, occupational, or recreational license.†Remember, these are not the words of people that oppose oppressive child support. This does not come from a father’s rights website. These are people that advocate for child support and find nothing wrong asking for child support no matter what the non-custodial parent’s, almost always the father’s, financial condition. They actually see nothing wrong hounding a man for payments that is unemployed or homeless. They also see nothing wrong with taking away a man’s ability to earn a livingâ€â€or even basically function.
ANALYSIS: IT IS UNBIBLICAL TO TAKE AWAY THE MEANS TO EARN A LIVING IN ORDER TO PAY A DEBT
It has been put in other ways, with the upper millstone being called the handmill: “”No one shall take a handmill or an upper millstone in pledge, for he would be taking a life in pledge
While the Bible speaks of taking millstones with respect to taking security for a debt, no doubt these principles equally apply to satisfaction of a debt. It is unbiblical to take away the very means of another to support himself. In fact, it is abomination in the eyes of God. According to the Geneva Bible Study, this passage of the Bible (proscribing the taking of millstones) means do not take away any thing by which a man makes a living. Wesley’s notes, states that millstones were used in their hands, and mill grain. “Under this, he understands all other things necessary to get a livelihood, the taking away whereof is against the laws both of charity and prudence, seeing by those things alone he can be enabled both to subsist and to pay his debts. Life – His livelihood, the necessary support of his life.â€Â
Matthew Henry’s Comments also adds to the meaning of this verse: “Some orders are given about pledges for money lent. This teaches us to consult the comfort and subsistence of others, as much as our own advantage. Let the poor debtor sleep in his own raiment, and praise God for thy kindness to him. Poor debtors ought to feel more than commonly they do, the goodness of creditors who do not take all the advantage of the law against them, nor should this ever be looked upon as weakness.â€Â
David Guzik’s commentaries on the Bible read as follows:
“Do not take someone’s livelihood as a pledge.
“a. A millstone was something essential to a family’s livelihood, therefore it was forbidden to take it as a guarantee for a loan.
“b. Although interest could not be charged on a loan to an Israelite in need, a pledge could be taken – collateral to guarantee the repayment of the loan. This command forbids the taking of collateral that would take away a man’s ability to provide for his family, and get himself out of debt.
“c. This warns Israel against taking advantage of each other in times of great need. We must take care that we never unfairly profit from the poverty or difficulty of others.â€Â
Glenn Sacks and Jeffrey Leving, two who often write about father’s issues, had the following to say about those that have their driver’s licenses taken away:
“Federal Office of Child Support Enforcement data shows that two-thirds of those behind on child support nationwide earn poverty level wages; less than four percent of the national child support debt is owed by those earning $40,000 or more a year. According to the largest federally-funded study of divorced dads ever conducted, unemployment is the largest cause of failure to pay child support.
“The inflated arrearages are created in large part because the child support system is mulishly impervious to the economic realities working people face, such as layoffs, wage cuts, unemployment, and work-related injuries. According to the Urban Institute, less than one in 20 non-custodial parents who suffers a substantial drop in income is able to get courts to reduce his or her child support payments. In such cases, the amounts owed mount quickly, as do interest and penalties. . . .
“The situation is further complicated by the fact that child support enforcement agencies are notorious for their errors and bureaucratic bungling. Audits and evaluations have shown that such errors often comprise a significant portion of arrearages.The ‘Most Wanted Deadbeat Parents’ lists put out by many states illustrate this problem. Far from being lists of well-heeled businessmen, lawyers, and accountants, the vast majority of the men on these lists do low wage and often seasonal work, and owe large sums of money which they could never hope to pay off. Even a person with a college degree is a rare find on these lists.â€Â

(Pictured Above: Chinese Using Millstone to Make Flour)
One website states, responding to Glenn Sacks, “However, they ignore that many parents below the poverty line have the money to pay support but spend it instead on different priorities. Time and again, funds that should go to child support are spent instead on $ 60 hairstylist bills, $ 90 premium cable TV bills, $ 100 in new clothes, $ 300 for a New Year’s Eve bash, $ 1,000 for a weekend trip to Las Vegas, a new car, etc. by the ‘poor.’†How many people do you know in your own personal life that are spending $300 on New Years Eve, or paying $60 for a hairstylist, or $90 for premium cable that below the poverty line?
In reality, many men simply cannot pay their child support because of their own financial limits. They are dead broke, not deadbeat. Taking away their drivers license and professional license exacts a great cruelty. No other person has such an extraordinary means to enforce a debtâ€â€not even the estate of a murder victim.
Those that have enacted these laws understand little about the bible. If they claim to be religious, they are just going through the motions by attending services. Not taking the millstone of a debtor for debt is part of a more generalized biblical principle, one of the two great principles advanced by Jesus Christ, “love thy neighbor as thyself.†Mathew 22:39.
Those that advocate the taking away of driver’s licenses and professional licenses have a right to their opinion. But they only have right to their own opinions, not facts. The Bible is clear that taking the means of someone to provide for themselves and to stay alive is immoral. Driver’s licenses are of course not only needed to get to work, but to go the stores, by basic provisions, go to church, visit relatives, and transport aging or disabled relatives. It is also a means of choking one off from one’s social companions merely to pay a debt.
Habakkuk was a minor Hebrew Prophet. In the book of Habakkuk 2, verse 7, it is written, “Will not your debtors suddenly arise? Will they not wake up and make you tremble? Then you will become their victim.†As it says in the book of Isaiah, “Woe to those who make unjust laws.†Those that have had anything to do with enacting or enforcing these laws that deprive men of their ability to sustain themselves have sinned grievously, if you accept the Bible as a source of moral authority.


