As the United States prepares for war against Iraq, tens of thousands of
fathers who serve as reservists are preparing to say good-bye to their
families and serve their country overseas. Yet, America's enemies abroad
are not the only danger these dedicated men will face. Upon return, those
with child support orders will face a threat here at home -- the war that
is being waged against "deadbeat dads."
Bobby Sherrill, a divorced father of two from Parkton, N.C., was a casualty
of that war. Mr. Sherrill, who worked for Lockheed in Kuwait before being
captured and held hostage by Iraq for nearly five harrowing months, was
arrested the night he returned from the Persian Gulf War. Why? For failing
to pay $1,425 in child support while he was a captive.
If laws are not changed, thousands of today's reservists could face a
similar threat. Reservists' child-support obligations are based upon their
civilian pay, which is generally higher than their active-duty armed forces
pay. When a child-support obligor's pay decreases, the remedy is to go to
court and get a downward modification. However, since reservists are often
mobilized with as little as 24-hours notice, few are able to get these
modifications before they leave. As a result, many reservists fall
hopelessly behind while serving, and can be subject to arrest for
nonpayment of child support upon their return.
For example, a naval reservist who has three children and who takes home
$4,000 a month in his civilian job could have a child support obligation of
about $1,600 a month. If this father is a petty officer second class (E5)
who has been in the reserves for six or seven years -- a middle-ranked
reservist -- his active-duty pay would only be $1,912 before taxes, in
addition to a housing allowance.
States assess interest on arrearages as well as penalties on past-due child
support. Because the federal Bradley amendment prevents judges from
retroactively modifying or forgiving support, obligors who fall behind for
legitimate reasons cannot have these arrearages wiped out. And even those
returning servicemen who avoid jail or other sanctions may still spend
years trying to pay off their child support debt -- a debt created
entirely by their willingness to serve their country.
Though the Family Support Act of 1988 allows noncustodial parents who have
had a reduction in income to request a decrease in their child support by
getting downward modifications, few state agencies honor such requests.
According to Elaine Sorensen of the Urban Institute, even among fathers who
experience income drops of 15 percent or more, less than one in 20 are able
to get courts to reduce their child-support payments. Because state
agencies are federally reimbursed for every child-support dollar they
collect, states have a powerful incentive to grab and hold on to every
dollar they can.
Another problem is that the child support money that the armed forces are
supposed to take out of reservists' paychecks and send to their families
sometimes does not arrive. This was an issue for many Gulf War veterans,
and reservists are having similar difficulties today. For example, Diane
Keary, a custodial mother from Monsey, N.Y., has not received a
child-support check since Joseph Keary Sr., her ex-husband, was called to
active duty five months ago. Computer glitches such as this, as well as
billing errors, can leave reservists subject to government sanctions upon
their return.
What is needed to solve the problem is legislation like that passed by the
Missouri legislature in the days leading up to the Gulf War. The Missouri
statute, which is unique in the nation, requires an automatic adjustment of
support for reservists called up for active duty.
During the Gulf War, more than 250,000 reservists were called up, and today
more than 75,000 reservists and National Guard troops are on active duty as
a result of the events of September 11. Many are now being notified that
they will be expected to serve another year, and a total of 1.3 million
reservists could be called into service for indefinite periods in the event
of war.
James, a 16-year veteran of the Navy and the commander of a 177-member
Naval Reserve Unit on the West Coast, is concerned about the effect that
the current child-support policies could have upon his sailors when they
are called to active duty. He says: "My people are sacrificing a lot to
serve. I want them focused on our assigned mission. I don't want them
worrying that their own government might come after them."
Dianna Thompson is a founder and executive director of the American
Coalition for Fathers and Children. E-mail: DThompson2232@aol.com. Glenn
Sacks writes about gender issues from the male perspective. E-mail:
Glenn@GlennSacks.com.
