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From: JeffRelf.F-M.FM on 20 Mar 2010 03:58 H·VAC, your “ Tips For Young Housewives ” is an urban legend. Contrast that with reality*. ( *: i.e. United States law, below ) Quoting WikiPedia on the Bradley Amendment*: ( *: http://en.wikipedia.org/wiki/Bradley_Amendment ) In United States law, the “Bradley Amendment*” requires state courts to prohibit retroactive reduction of child support obligations. ( *: 1986, USC|42|666(a)(9)(c) http://www.law.cornell.edu/uscode/42/666%28a%29%289%29%28c%29.html http://en.wikipedia.org/wiki/Bill_Bradley ) Specifically, it: • automatically triggers a non-expiring lien whenever child support becomes past-due. • overrides any state's statute of limitations. • disallows any judicial discretion, even from bankruptcy judges. • requires that the payment amounts be maintained without regard for the physical capability of the person owing child support (the “obligor”) to promptly document “changed circumstances*” or regard for his awareness of the need to make the notification. *: http://en.wikipedia.org/wiki/Child_support#Change_of_Circumstances But, like any other past-due debt, the obligee, typically a mother, may forgive what is owed to her. When past-due child support is owed to a state as a result of welfare paid out, the state is free to forgive some or all of it under what's known as an "offer in compromise". In September 1999, Marilyn Ray Smith, the Chief Legal Counsel for “ The Massachusetts Department of Revenue, Child Support Enforcement Division ” gave the following testimony* before the United States House of Representatives. *: http://waysandmeans.house.gov/legacy/humres/106cong/9-23-99/9-23smit.htm “ As you know, under the Bradley Amendment enacted by the U.S. Congress in 1986, a child support obligation becomes a judgment by operation of law as of the date that it is due and unpaid. In addition, under Section 368 of PRWORA USC|42|666(a)(4)*, an administrative lien also arises by operation of law against any unpaid child support. ( *: http://www.law.cornell.edu/uscode/42/666%28a%29%284%29.html ) It is therefore not necessary to return to court after each payment is missed to get past-due support reduced to a judgment in order to obtain a lien or enforce a judgment. This means that a child support agency can move quickly to seize income and assets of a delinquent noncustodial parent without first passing through a judicial or quasi-judicial hearing process. ”. In 2003, Keith McLeod, author of “ The Multiple Scandals of Child Support ”, testified* before the United States House Committee on Ways and Means: ( *: http://ftp.resource.org/gpo.gov/hearings/108h/90270.pdf ) “ The 1986 Bradley Amendment to Title IV-D forbids any reduction of arrearage or retroactive reduction for any reason, ever. This reinforces the approach that inability to pay is no excuse. Needless to say, there are endless stories of men who are now crushed by a debt they will never be able to pay because they were: • In a coma • A captive of Saddam Hussein during the first Gulf War • In jail • Medically incapacitated • Lost their job but were confident of another so did nothing until it was too late • Did not know they could not ask for retroactive adjustments and waited too long • Cannot afford a lawyer to seek adjustment when adjustment was warranted • Wouldn't use the legal system even if they could, feeling it alien from their world, so don't ask for a reduction when the legal establishment expects them to. Some say this measure is a violation of due process and cruel and unusual as it removes the use of human discretion from dealing with individual cases, not to mention removing human compassion. But non-custodial fathers do not have the money to fight a constitutional case. ”. |