'Deadbeat' dads - or just 'dead broke'?

Most divorced or never-married fathers with an outstanding child-support understand the high cost of falling behind. Those who don't pay up often face repercussions such as paycheck withholding, automobile-license suspension, even jail time.

Such aggressive pursuit of child-support dollars has not been without its problems - or critics. And perhaps surprisingly, the list of critics now includes more child-welfare advocates. Organizations including the Washington-based Children's Defense Fund (CDF) maintain that child-support policies need to recognize economic realities and be more flexible, particularly where low-income, noncustodial fathers are concerned.

"States are frequently not doing enough to help low-income fathers get employment so that they can pay child support," says Deborah Weinstein, director of CDF's Family Income Division.

"What we've found is that there's a fundamental tension here between what the fathers can actually financially contribute to their children and the children's needs," says Paula Roberts, senior staff attorney at the Center for Law and Social Policy (CLASP) in Washington.

For decades, federal, state, and local governments have worked together to locate noncustodial parents, establish paternity, set child-support guidelines, and enforce court orders.

But efforts to collect really began to pick up steam in the 1990s, largely because of changes resulting from the 1996 welfare-reform package. The measure streamlined paternity establishment by threatening to cut benefits to welfare recipients who failed to help identify a child's father.

Once paternity was established, states were able to employ any number of tactics to ensure that fathers support their children, including liens on homes and the withholding of up to 65 percent of a parent's wages.

The enforcement has paid off: The US child-support collection rate has doubled since 1995. In 2000, nearly $18 billion of the $23 billion owed by noncustodial parents was collected. Altogether, the support has been invaluable to many of the nation's 12 million single parents, nearly 10 million of whom are women, according to the US Census Bureau.

But the collection efforts have also created almost insurmountable problems for some low-income parents who are trying to support their children. Most state child-support-enforcement programs could be doing a much better job of distinguishing between so-called "deadbeat" fathers and "dead broke" fathers, Ms. Roberts says.

Also, reform advocates say, the recession has made it more difficult for low-income fathers to find and keep a job. Child-support debts can mount when fathers are out of work or incarcerated.

"We hear reports of fathers willing to pay [support] being thrown in jail for accumulating child-support debt. Instead of making it harder for fathers to earn a living, states should devise realistic payment plans, with job training and placement help," says Ms. Weinstein.

Even before the economy began to slide, meeting child-support payments has been a problem for low-income parents. Findings from the ongoing Fragile Families and Child Wellbeing Study, a joint project between Princeton and Columbia Universities, revealed that unwed fathers earn about $17,000 a year on average. With such low earnings, the study says, child-support orders need to be set at rates proportional to ability to pay.

"Poor fathers are routinely required to pay much higher proportions of their income than middle- and upper-income fathers," says Sara McLanahan, director of the Center for Research on Child Wellbeing at Princeton. "Unrealistic arrearages arise because child-support agencies and courts base child-support payments not on fathers' actual earnings, but on their presumptive earnings."

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