The state of Florida has begun posting
the names of parents who fail to make child
support payments. Within the state there has
been much controversy as to whether the
state should publish the names in
newspapers. Because of this, local
newspapers would not publish the names.
According to a recent article in the Sun-
Sentinel, reported by staff writer Robert
Nolin, the state has asserted that publishing
the names will shame these people into
paying up. The state is determined to
announce names and therefore has posted
about 10,000 of the names on the Internet.
Will this result in more parents complying
with payment orders? Only time will tell, but
I doubt shame will be the cause if they do.
I have no data to support my claim, but it
seems that mutual friends of the violator and
the spouse could already be aware of the
failure to pay. It's possible that the spouse of
the violator has, already, loudly verbalized
the issue. The spouse may have telephoned
the violator's boss, called the police, called
child advocacy agencies and the like. So quite
a few people are already aware of the
situation and still the payments have not
been made.
Although there are millions of people
with access to the Internet, I wonder how
many will have an interest in "surfing" to
that site for this type of information. Of
course now that the availability of the site
has been publicized, many will look out of
curiosity. Once the curiosity has subsided,
however, the general public could probably
care less.
I am certainly not advocating that
parents ordered to pay child support not be
penalized in some fashion. However, is
advertising these names on the Internet the
solution? What purpose does it really serve?
With the state asserting that having the
names on an Internet site will shame
violators into making payment, it seems that
the purpose is politically motivated. rather
than an attempt to resolve the problem.
I would surmise that if the state of
Florida had taken the position, from the start,
that it will publish these names on the
Internet as part of an effort to provide public
access to government records, perhaps the
controversy would not have been so
grandiose. By focusing the attention on
providing the information to shame these
individuals into paying, the state reaffirmed
that political gratification was its only
purpose.
Instead of announcing its desire to
publish the names of these violators, the state
could have advertised that the Department of
Revenue maintains an Internet site
.
It
could have lessened the political
ramifications by stating that this site not only
provides information about the tax policies of
the state, but news and information about tax
and revenue policies, information about the
agency, as well as child support enforcement
information and lists child support violators.
Whether or not taking this position would
have resulted in less controversy over this
issue , in my opinion,
it would have appeared less politically
motivated. Public records are available to the
public. What's the difference as to the forum
in which they are made public? Unless they
are ordered sealed for purposes of public
safety or other reasons, the record is public.
There was no need to publicize its availability
with a political twist.
Even with the perceived political
motivations behind the state of Florida's
decision to publish these names, it does seem
that this is the beginning of true public access
to government records. With few exceptions, if
an individual wishes to obtain access to public
records one must make the trek to the court
or other government agency and conduct a
search on that agency's database. Not only
can the trip to the agency be time consuming,
but the search itself can be. Because of this,
thorough searches usually are made by
companies, or individuals, who specialize in
this endeavor. The private individual often
cannot afford hiring someone to do this.
However, with Internet access, searching
public records becomes less of a chore and less
expensive. The state of Florida may have
actually set precedence, but it's marketing
strategy created negative fallout that
could have been avoided.
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