Today over a million Illinois children do not live in the same
homes as their fathers, and one out of every three Illinois
children is born out of wedlock. Juvenile crime, teen drug
abuse, school dropouts and teen pregnancy are all tightly
correlated with fatherlessness, often more so than with any
other socioeconomic factor. Recognizing this, in
2003 the legislature created the Illinois Council on Responsible
Fatherhood to identify obstacles that impede fathers'
involvement in their children's lives and devise strategies to
remove them. The Council's report will be released next month.
Its two central recommendations involve family law and child
support.
The Council's first recommendation
is to reform the family law system to eliminate anti-father
gender bias and facilitate responsible father involvement. For
example, while visitation interference is illegal in Illinois,
courts often enforce this law indifferently. After divorce or
separation, few fathers are granted custody of their children,
and most are not given substantial physical time with them.
When a custodial parent seeks to
move a child out of state, Illinois law correctly provides that
the relocating parent bear the burden of proving that the move
is in the child's best interests. However, there are no legal
restrictions on in-state moves. Yet for a Chicago father trying
to maintain a relationship with his children, the children's
in-state relocation to East St. Louis or Carbondale is little
better than an out-of-state move to Cleveland or Minneapolis.
A related problem identified by the
Council is the scarcity of affordable and pro-bono legal
services for low-income fathers. The state represents custodial
parents free of charge in child support matters, and many
programs provide free legal aid to mothers. By contrast, when a
father seeks to enforce his visitation rights, block a move, or
dispute a questionable child support arrearage, he is on his
own.
The Council's other central
recommendation is that the state reform the child support system
to help low-income fathers. Federal Office of Child Support
Enforcement data show that low wage earners comprise the
overwhelming majority of child support debtors. When obligors
lose their jobs, are unable to work because of injury or
illness, or suffer wage cuts, it is difficult for them to get
downward modifications on their support. The penalties for
falling behind on support and Illinois' 9% interest on past due
support often saddle these dads with large paper arrearages.
These arrearages sometimes drive them underground or land them
in jail.
In addressing the child support
issue the Council recently made its first major impact on
Illinois public policy. Recognizing that punitive measures
against low income dads are counterproductive for all parties,
State Senator Kimberly Lightford, the principal legislative
architect of the Council, has authored a bill to allow
low-income parents an opportunity to modify their payments. HB
4788 was recently passed by the Illinois legislature and awaits
Governor Blagojevich's signature.
The Council
also recommends measures to assist incarcerated or formerly
incarcerated fathers, many of whom went to prison for nonviolent
drug offenses. The Council urges the Department of Employment
Security and the Department of Corrections to help facilitate
ex-offenders in obtaining expungements of their records. They
also suggest a law or program to abate or adjust incarcerated
offenders' support obligations, since ex-offenders have often
accrued large arrearages during their incarceration that they
are unable to pay upon release.
Many Illinois fathers who can play
an important and positive role in their children's lives face
needless obstacles. Policies based on blaming and punishing dads
may make good political sound bites, but they are
counterproductive for society, and hurtful to children and the
fathers they love and need. The Council believes it's time for
policymakers to take a fresh look at dads.
This column first appeared in the Chicago Sun-Times (6/18/06).
Jeffery M. Leving is the Chairman of the Illinois Council on
Responsible Fatherhood.
He is the author of the book Fathers' Rights:
Hard-hitting and Fair Advice for Every Father Involved
in a Custody Dispute. His website is
www.dadsrights.com.
Glenn Sacks' columns on men's and fathers' issues have appeared in dozens of
America's largest newspapers. Glenn can be reached via his website at
www.GlennSacks.com