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March 27, 2005

ACFC, ACES Leaders Face-off on Bradley Amendment

A divorced father gets laid off. Or injured. Or sick. His income drops. The court won't give him a downward modification, or he's not able to apply for one, or he didn't know he had to get one. His child support arrearages pile up. Interest and penalties are tacked on. Soon the father has a debt he couldn't possibly pay, and which he never should have been expected to pay.

He goes to court and asks the judge to wipe out his fake arrearage. The judge wants to, but can't. Why? Because the federal Bradley Amendment prohibits judges from retroactively modifying child support. The arrearages remain, along with interest and penalties, and the father is saddled with a debt he'll never be able to pay off. He may become one of the estimated 100,000 fathers who are jailed every year for alleged nonpayment of child support. Or maybe he'll be driven underground and out of his children's lives in order to avoid jail.  Federal child enforcement data shows that 70% of all child support arrearages are owed by men who earn $10,000 a year or less.

Widely viewed in family law circles as bad law, abolishing or reforming the Bradley Amendment is one of the most important goals of the fatherhood movement.

The Association for Children for the Enforcement of Support is, along with the National Organization for Women, the fatherhood movement's leading opponent. A nationwide organization which advocates higher child support levels and tougher child support enforcement, ACES opposes a repeal of the Bradley Amendment, fearing that irresponsible fathers may then be able to evade child support by allowing their arrearages to accumulate and then getting a sympathetic judge to wipe them out. It was these fears which led to the Bradley Amendment in 1986.

Stephen Baskerville is the president of the American Coalition for Fathers and Children, the world's largest shared parenting organization. Debbie Kline is the Executive Director of ACES and a frequent guest on His Side.  Baskerville and Kline debated the Bradley Amendment on His Side with Glenn Sacks on March 27, 2005.

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