The Christian Science Monitor ran a story in April about the odd predicament that some military reservists called up to serve in support of Operation Iraqi Freedom will find themselves in — namely, with legal problems stemming from falling behind in their child support payments.
The problem is simple — when reservists are called to serve, their salaries generally decline, but their child support payments do not. The Christian Science Monitor cites the case of reservist Mark Wetzel who served in Kosovo. Wetzel’s income fell by 13 percent but a judge refused Wetzel’s request to drop his monthly child support payment by a similar amount.
In some cases reservists only get a few days notice to report, but a request for an adjustment in the level of support can take months. In addition, some states have laws which limit how frequently such adjustments can be requested.
Dianna Thompson, executive director of the American Coalition for Fathers and Children, tells The Monitor,
People can’t pay what they don’t make. We’re not saying that servicemen should 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.
It is simple common sense that changes in income brought about by something as important being called up for military service should be reflected in reduced child support payments for the duration of such military service. Not that family courts have ever been particularly interested in what was sensible.
Source:
Military dads seek fair child support. The Christian Science Monitor, April 2, 2003.