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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.
To learn more, see:
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The
American Coalition for
Fathers & Children
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The
Association
for Children for the Enforcement of Support
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List of ACES' Accomplishments
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Glenn's co-authored column
Laws must protect the rights of military dads (Army
Times,
Marine Corps Times, 3/28/05)
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Ron Henry's
Child Support at a Crossroads: When the Real World Intrudes
Upon Academics and Advocates
(Family Law Quarterly,
Vol. 33, No. 1, 1999)
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Child-support-law amendment comes to attention of Hill;
Provision revision could end to horror stories
(Washington
Times, 4/27/99)
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Glenn's three minute radio commentary on the
Francis Borgia
child support case
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The Men's Health Network's Testimony to the Committee on Ways and Means
Subcommittee on Human Resources (4/27/99)
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Read the Bradley Amendment
here
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Glenn's co-authored
column
It's Child Support Guidelines that Need Surgery, Not
'Deadbeat Dads' (Cincinnati Post, Kentucky Post,
5/12/04)
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California Child Support Bill Will Help Newly Released Prisoners
Rebuild Their Lives (Los Angeles Daily Journal, San
Francisco Daily Journal, 5/9/02)
- Glenn's co-authored column
New Study Shows Child Support Guidelines in Need of Reform
(Daily Breeze [Los Angeles], 6/20/04)
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Glenn's co-authored column
Divorced from Reality on Child Support (Newark Star-Ledger,
9/6/02)
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His Side:
Are Child
Support Levels Too High? (12/12/04)
-
His Side:
Showdown in
Motown: Michigan Dads vs. Leader of ACES (4/18/04)
-
His Side:
Child Support
Civil Rights Violations (7/18/04)
His Side:
Do Men Gain
Economically from Divorce? (2/29/04)
His Side:
The Degradation
of LA's 'Deadbeat Dad Court' (8/24/03)
His Side:
Child Support
System Abuses Drive Fathers out of Their Children's Lives
(6/1/03)
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