Like many military reservists,
Mark Wetzel took a pay cut when he was called for active duty last year.
Instead of the $31,000 he earns as a nursing assistant in a Philadelphia
hospital, he received $27,000 as a Navy corpsman serving in Kosovo.
But one thing didn't change: his child-support payments. A family court
declined to reduce the $899 a month he pays to his estranged wife and two
children. As more National Guard and reserve units are deployed for the war in Iraq
- 216,800 have been called to active duty so far - more noncustodial parents
find themselves in the same circumstances that Wetzel did. If they fall
behind in child-support payments because of reduced wages, they could incur
penalties when they return home. "The issue is very real," says Cmdr. James Semerad, a family readiness
officer in the naval reserves at Fort Belvoir, Va. A month ago, he gave
a presentation on child support to his unit, telling them, "Your [child-support]
obligations don't go away." Similar challenges confront another group of noncustodial parents these
days - those who are unemployed. As downsizing continues, some laid-off
workers, living on modest unemployment checks or savings, are unable to
keep up court-ordered payments. Now some family advocates are making quiet pleas for realism and reform
for both groups of parents. "People can't pay what they don't make," says Dianna Thompson, executive
director of the American Coalition for Fathers and Children. "We're not
saying that servicemen should not support their kids. But we can't ask people
to serve their country and not give them some protection. And when people
get laid off through no fault of their own, we can't punish them by giving
them unrealistic child-support orders." In 2000, nearly 14 million custodial parents cared for 22 million children
under the age of 21. Among these custodial parents, 85 percent are women
and 15 percent men. In the middle are children whose need for food, clothes,
and haircuts does not diminish when a noncustodial parent goes to war or
loses a job. Yet challenges exist in determining fairness and in overcoming bureaucratic
obstacles. Some reservists receive only a few days' notice to report for
duty. For them it is impossible to get a court hearing to request a reduction
in child support. Other reservists mistakenly assume they can work out the
details when they return. "I receive calls from soldiers all the time, and they're not being informed,"
says Jeffrey Leving, a fathers'-rights attorney in Chicago. "A lot of them
are going to be coming back from Iraq and face court proceedings." After
Desert Storm, many men who contacted him had large child-support arrearages
they could not afford to pay. Legal experts trace part of the challenge to measures put in place over
the years to protect custodial parents and children from constant changes
in support or lapses in payment. Federal law, they note, prohibits courts
from retroactively modifying or forgiving child-support debts. In 1999,
46 percent of custodial mothers - 2.8 million women - who were owed child
support collected the full amount, according to the Census Bureau. One-quarter
of those due support received nothing. The Soldiers' and Sailors' Civil Relief Act, which limits annual interest
rates on credit-card debts, mortgages, and car loans to 6 percent during
military service, does not cover child-support arrearages. And some states
limit how often parents can request changes in support. These measures, says Mark Rogers of Atlanta, an economist and expert witness
on child support, were enacted in the "best interest of the child," but
"without regard for economic common sense and an overall sense of fairness." If a child's parents were still married, Mr. Rogers explains, the entire
family would be expected to share the financial strain of a reduced income
by cutting expenses and borrowing money, rather than having that responsibility
fall on one parent. Fairness, as he sees it, means allowing noncustodial
parents to pay child support that reflects their actual salary in bad times
and good. For Eddie Wright of Dunwoody, Ga., the divorced father of a teenage daughter,
these are not good times. Last year he was unemployed for four months. He
took a job with a fiber-optic cable company, but four months later, in December,
that firm cut back, and he was out of work again. Mr. Wright's divorce decree states that if he ever became unemployed,
his $1,210 monthly child-support payment would drop to $833. But even that
amount takes 73 percent of his $1,136 unemployment check before taxes. After
taxes, he is left with $205 a month. "If I wasn't fortunate enough to have an inheritance that I received after
my divorce, I would be in jail for not paying child support," Wright says.
"I used my entire savings the last time I was unemployed." In February, he went to court asking for a modification. But under Georgia
law, because he had filed for an earlier modification, he cannot make another
request for two years. "With the economy being in such disarray, it's unfortunate that people
can't file for a modification when they become unemployed," he says, adding
that he has never been delinquent or late in paying. He is taking his case
to the Georgia Supreme Court. Robert Thuotte, a Boston attorney specializing in family law, advises
those who have lost their job or are being called up for military service
to find out how long their employers will provide compensation. Some companies
pay the difference between civilian and military pay. Reservists and unemployed parents should also try to negotiate in good
faith with the person to whom they pay child support, he adds, by explaining
the circumstances and working out an agreement for the time away. "The noncustodial
parent should also file a complaint for modification in probate and family
court as soon as possible." That can be done by mail. Mr. Thuotte recommends hiring a lawyer. But that is often not an option
for those whose resources are already strained. Wetzel, who expects to be
called for another tour of active duty "any second now," says he cannot
afford an attorney anymore. His net pay as a nurse is $423 every two weeks,
after child support and $50 for a college fund for his children are taken
out. Rogers takes a different approach. He calls for "expedited procedures"
so those who pay child support do not need to hire legal representation
to get payments reduced if income drops. When Christopher Nye, a computer programmer and Army reservist in Kentucky,
was put on alert after Sept. 11, he asked his state child-support agency
what his support obligations would be if he were called up. Although that
call-up never came, he was dismayed by the time lag involved in getting
a downward modification - sometimes several months. "The system is slow,"
he says. "Something has to be done." So far, Missouri is the only state to do something. At the time of the
first Gulf War, lawmakers passed a bill expediting adjustments of support
for reservists called up for active duty if their income changes. The Minnesota legislature recently introduced a similar bill. Whether problems with child support stem from corporate layoffs or military
call-ups, Laura O'Quinn, president of Parents 4 Child Support Enforcement
in Sulphur, La., urges both parents to be understanding. "These circumstances
require people to use a little common courtesy and common sense," she says. Three weeks ago, Wetzel submitted another request to family court to modify
his child support. "We'll see what happens," he says. Whatever the outcome
of his case, he hopes for larger changes in policies and procedures. "It's
an antiquated system," he says. "It definitely needs to be looked at."
+++++++++++++++++++++++++++++++++++++++++++++++++
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