Points of discussion
- Bradley amendment introducted in 1996
- An amendment to Title IV of the Social Security Act.
- Bill number. 99-509
- Prevents states from making retroactive changes to child support.
- Presents issues to parents behind in child support
- Multiple appeals have been attempted to no avail
- In essence...
Introduction
The Bradley Amendment posed significant difficulties for parents who were already struggling with child support payments.
The aim of the amendment was to prevent any reduction or elimination of back child support owed by a parent.
In practice, this led to parents accruing debt not only for their current child support obligations but also for arrears resulting from the inability to meet these unrealistic orders.
Consequently...
…parents found themselves unable to fulfill their current payment responsibilities, as a portion of their income was directed towards settling arrears, creating a stressful and untenable situation for all parties involved. To this day, multiple efforts have been made to repeal this amendment, but none have succeeded.
About the Amendment
Bill number
Introduced in 1996
Senate bill S. 2404, the Interstate Child Support Act, was introduced May 5, 1996 by Senator Bradley and Senator Russell Long.
Language used
While this was not voted upon, the amendment language appeared in bill, S. 2706.
The Sixth Omnibus Budget Reconciliation Act, 1986: H.R. 5300, incorporated S. 2706 as an amendment. Initially, the House bill did not contain a provision regarding retroactive child support modifications and the Senate bill language of S.2706 was added.
Language of the The Bradley Amendment was contained in S.2706, the Sixth Omnibus Budget Reconciliation Act, 1986. The Bradley Amendment is an amendment to Title IV of the Social Security Act.
Content of bill
The Bradley amendment prohibits the retroactive modification of child support arrearages. In essence, it prevents states from making retroactive changes to child support.
The Bradley Amendment explicitly states:
“Procedures which require that any payment or installment of support under any child support order, whether ordered through the State judicial system or through the expedited processes required by paragraph (2) is (on and after the date it is due):
- A judgment by operation of law, with the full force, effect, and attributes of a judgment of the State, including the ability to be enforced.
- Entitled as a judgment to full faith and credit in such State and in any other State.
- Not subject to retroactive modification by such State or by any other State; Except that such procedures may permit modification with respect to any period during which there is pending a petition for modification, but only from the date that notice of such petition has been given, either directly or through the appropriate agent, to the obligee or (where the obligee is the petitioner) to the other obligor."
Intention of amendment...
- To prevent any reduction or elimination of back child support owed by a parent
- Prevents courts states from retroactive changes to child support
Issues with the amendmemt
A parent may be behind in child support payments. Notably, the child support ordered may be based on orders a parent could not afford.
Changing the amendent
Several attempts to repeal the amendment have been to no avail.
In essence...
As a result, parents discovered that they were unable to meet their existing payment obligations, since part of their earnings was allocated to clearing outstanding debts, which led to a stressful and unmanageable situation for everyone concerned.
Even now, numerous attempts have been undertaken to overturn this amendment, yet none have been successful.
Related articles
The 1975 Act laid the foundation for a program that changed the character of family law with long-term implications on the parent-child relationship.
