"The driving force behind child support arrearages is not bad parents, but instead rigid child support systems which are mulishly impervious to the economic realities noncustodial parents face, such as layoffs, wage cuts, and work-related injuries. According to the Urban Institute, less than one in 20 non-custodial parents who suffer substantial income drops are able to get courts to reduce their child support payments. In such cases, the amounts owed mount quickly, as do interest and penalties.
Compounding the problem is the fact that the federal Bradley amendment bars judges from retroactively forgiving child support arrearages, even when they determine that the arrearage occurred through no fault of the obligor. Bradley is so problematic that Congress will be conducting hearings on the amendment this fall."
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