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Dual Debt in the Child Support and Criminal Legal Systems

Drawing from 30 interviews with Minnesota residents, this study examines the experiences of people with what the authors describe as “dual debt.” The authors find that people who owe both child support and criminal legal debt in Minnesota must navigate contradictory and counterproductive policies that make it nearly impossible to comply with both systems. For example, child support accrues during periods of incarceration when earning capacity is minimal, and unpaid child support can lead to driver’s license suspension, making it difficult to work.

The study also revealed that people with dual debt owe significantly higher amounts in both systems compared to those with debt in only one system, suggesting these debts compound one another. Often, these two systems do not coordinate their policy designs and fail to account for the cumulative burden they place on people with dual debt. The authors find that these debts deepen distrust with the system and encourage further avoidance of formal institutions, which leads to collateral consequences.  

You can find the full study here.

Findings

  • Participants reported prison wages of 12 cents per hour while owing more than $500 a month.
  • Many participants reported paychecks of $30 or less after garnishment, making basic survival nearly impossible. Many relied on informal methods of income because formal employment left them unable to afford basic necessities after garnishment. 
  • In Minnesota, child support can result in up to 65 percent of disposable income being garnished. 
  • Participants avoided banks, credit cards, and formal financial institutions to protect assets from seizure, resulting in worsened credit. 
Hannah Schwendeman, Veronica L. Horowitz, Frank Edwards, Robert Stewart, Ryan Larson and Christopher Uggen
Law and Society Review
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