In highly publicized raids, federal
agents have hauled in 69 "deadbeat dads" from 29 states over the
past few weeks, and are still hunting for 33 more. The Bush
administration boasts that it is sending a message to deadbeats.
However, the high-living deadbeat dad who stiffs his kids is
largely a mythical creature.
Arizona State University researcher
Sanford Braver, who over an eight year period conducted the
largest federally funded study of divorced dads ever done, found
that unemployment was the largest factor behind nonpayment of
child support, and noted that his findings were "consistent with
virtually all past studies on the topic."
According to a US Government
Accounting Office survey of custodial mothers who were not
receiving the support they were owed, two-thirds of the mothers
themselves admitted that their children's fathers do not pay
their child support because they are financially unable to do
so.
Most "deadbeat dads" are actually
"dead broke," either because they have low-wage jobs, are
unemployed, or are deep in arrears on unrealistic and crushing
child support obligations. According to Bruce Walker, the
Oklahoma District Attorney who ran the state's child-support
enforcement program for three years and jailed hundreds of
fathers for nonpayment, these men are "seldom the mythical
monsters described by politicians."
"Many times I prosecuted
impoverished men," he notes. "I prosecuted one deadbeat dad who
had been hospitalized for malnutrition and another who lived in
the bed of a pickup truck."
Other "deadbeat dads" are victims
of child support enforcement agency errors, which studies have
shown account for as much as a third of all alleged arrearages
in some states and counties. These errors occur in part because
the federal government funds the states' enforcement efforts
based on how much money in child support they collect, thus
strongly encouraging states to grab and hold every dollar they
can, even if it is collected in error.
Another problem is that, according
to Elaine Sorensen of the Urban Institute, less than 5% of
fathers who lose their jobs or become disabled are able to get
downward modifications in their child support. In such cases
arrearages mount quickly, as well as interest (10% or more in
many states) and penalties. However, judges cannot remedy these
injustices because the federal Bradley amendment bars them from
retroactively forgiving child support arrearages.
Other men become "deadbeats"
because they have been cut off from their children. Studies show
that access and visitation denial has reached epidemic levels,
and many fathers fail to pay their child support in part because
they are spending thousands of dollars in legal fees just trying
to remain a part of their children's lives. Braver's research
and US Census data clearly indicate that the more access fathers
have to their children, the better their payment record.
In addition, some men are not aware
of their children's whereabouts or even that they have children
until they are hit with child support orders. These men find
themselves instantly tens of thousands of dollars in arrears--to
pay for children to whom they were never allowed to be fathers.
High profile raids will not solve
the child support problem. What is needed are reforms which will
make the system more rational and workable, and which will
benefit both the children owed support and the fathers who owe
it.
For one, states need to make it
easier for fathers who lose their jobs or become disabled to get
downward modifications. In addition, the Bradley amendment needs
to be modified or repealed.
Also, the federal government needs
to switch from funding states' child support efforts based on
collections to funding them by block grants. These block grants
should be tied to timely compliance evaluations which include
stiff penalties for false collections and billing errors.
Most importantly, family courts
need to take access and visitation interference as seriously as
they take failure to pay child support, and allow men to be a
meaningful part of the lives of the children they are expected
to make sacrifices to support.
There are fathers who stiff their
children. Yet sweeping conclusions about divorced dads should
not be based on the arrest of 69 alleged deadbeats in a country
where five million noncustodial fathers have child support
obligations. Most divorced fathers do right by their children,
often in the face of laws, policies, and courts which are
stacked against them. Using noncustodial dads as political
punching bags will not help their children. Fixing a broken
child support enforcement system will.
Glenn Sacks writes about gender issues from the male perspective.
He can be reached at Glenn@GlennSacks.com.
Dianna Thompson is the founder
and executive director of the American Coalition for Fathers and
Children (www.acfc.org).
She can be contacted by e-mail at
DThompson2232@aol.com.