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Paying Child Support?

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I was given permission for the following article. I spotted this insightful piece by an individual who is a member here on our petition. They have an excellent site and I wouldn’t be surprised if they were a professional writer. I honestly can not tell you how much valuable information is found here: SingleMarriedandDivorced.wordpress.com

Paying Child Support? The One Law You Need To Know About…

I never realized that the non-custodial parents who pay child support are susceptible to life-long debt no matter how tragic their financial or physical situation may be. The Bradley Amendment of 1986 states that “a child support obligation becomes a judgment by operation of law as of the date that that it is due and unpaid. In addition, under Section 368 of PRWORA (42 U.S.C. 666(a)(4)), an administrative lien also arises by operation of law against any unpaid child support. It is therefore not necessary to return to court after each payment is missed to get past-due support reduced to a judgment in order to obtain a lien or enforce a judgment. This means that a child support agency can move quickly to seize income and assets of a delinquent noncustodial parent, without first passing through a judicial or quasi-judicial hearing process.”

Pay Your Child Support Or Else!

In essence this means that delinquent debtors are not given the right to explain their situation to the courts at any time after the initial judgment was made. What happens if the debtor lost their job a few months after the court case and they could not keep up with their child support payments? And to have the inability to explain the situation is simply a violation of due process in my opinion. The Bradley Amendment has been the culprit for some outrageous situations including:

a. A veteran of the first Gulf War who was captured in Kuwait in 1990 and spent nearly five months as an Iraqi hostage being arrested the night after his release for not paying child support while he was a hostage.

b. A Texas man wrongly accused in 1980 of murder. After 10 years in prison, the man sued the state for wrongful imprisonment. The state responded with a bill for nearly $50,000 in child support that had not been paid while in prison.

c. A Virginia man required to pay retroactive child support even though DNA tests proved that he could not have been the father.

This amendment is simply amazingly strict and should really gain some flexibility to accommodate unique and dire situations, especially with the way the economy has been doing over the last few years. Failed attempts have been made to remove this amendment on the basis of it being unconstitutional, as recent as February 2006.

I could see why this amendment was created in the first place, to prevent the non-custodial parent (usually men) from avoiding payment of child support. The 1980’s saw the significant rise in men’s wages compared to women and this strict law was meant to help increase the woman’s power. Fair… I think whoever is forced to pay child support should certainly do so. As long as it’s going to the child (and not to the custodial parent’s next shopping spree) enforce it!

But, I feel like this law goes beyond the obligation of a traditional mother and father relationship. For this article I feel that a traditional mother father relationship sees both parents working. If the parents were together and one parent all of a sudden could not generate an income (loss of job or injury), naturally the other parent would try their best to generate more income to support the family. In this case the burden of supporting the child is simply shifted. The Bradley Amendment eliminates this shift that parents have when one parent is incapable of generating an income, therefore making the parent relationship artificial. A rational couple would put more pressure on the income earning to support the family, not the (injured or jobless parent).

Sources:

  • http://waysandmeans.house.gov/legacy/humres/106cong/9-23-99/9-23smit.htm
  • http://waysandmeans.house.gov/hearings.asp?formmode=printfriendly&id=950
  • http://bradleyamendment.wordpress.com/
  • http://www.trondson.com/2009/01/persecuting-low-income-and-disabled-parents
  • Please take a moment and SIGN for Child Support Reform. You do not have to be directly involved in the Child Support System to Sign this Petition. Yet, we are all apart of the System; if someones’ U.S. Constitutional Rights are being violated, you are being violated. How much more Government interference are you able to put up with? Presently, the Children are always the losers; relationships are being ruined, thousands go to jail and thousands commit suicide each year! PLEASE USE THE COMMENT FORM TO SIGN LOCATED AT THE BOTTOM OF THIS PAGE; Thank You!

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    About The Author

    My name is James (Jim) DeLelys. I have been involved in the Child Support System for nearly 16 years. Over those years I have acquainted myself with countless individuals who have had to bear the burden of a terribly broken and corrupt sytem. It is through 'listening' that I have come to the enevitable conclusion that Child Support Laws and Government interference can not be tolerated anymore.

    Comments

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    2 Responses to “Paying Child Support?”

    1. was ordered by the court to pay ditrectly to the mother,,i did and payed an additional 40 a week..for 3 years..I got behind recently ,and they say i owe 8000.00 what about the extra for so long,,,they did nt take it from me so its considered not payed support..I even have reciepts