Military dads seek fair child support

If a child's parents were still married, Mr. Rogers explains, the entire family would be expected to share the financial strain of a reduced income by cutting expenses and borrowing money, rather than having that responsibility fall on one parent. Fairness, as he sees it, means allowing noncustodial parents to pay child support that reflects their actual salary in bad times and good.

For Eddie Wright of Dunwoody, Ga., the divorced father of a teenage daughter, these are not good times. Last year he was unemployed for four months. He took a job with a fiber-optic cable company, but four months later, in December, that firm cut back, and he was out of work again.

Mr. Wright's divorce decree states that if he ever became unemployed, his $1,210 monthly child-support payment would drop to $833. But even that amount takes 73 percent of his $1,136 unemployment check before taxes. After taxes, he is left with $205 a month.

"If I wasn't fortunate enough to have an inheritance that I received after my divorce, I would be in jail for not paying child support," Wright says. "I used my entire savings the last time I was unemployed."

In February, he went to court asking for a modification. But under Georgia law, because he had filed for an earlier modification, he cannot make another request for two years.

"With the economy being in such disarray, it's unfortunate that people can't file for a modification when they become unemployed," he says, adding that he has never been delinquent or late in paying. He is taking his case to the Georgia Supreme Court.

Robert Thuotte, a Boston attorney specializing in family law, advises those who have lost their job or are being called up for military service to find out how long their employers will provide compensation. Some companies pay the difference between civilian and military pay.

Reservists and unemployed parents should also try to negotiate in good faith with the person to whom they pay child support, he adds, by explaining the circumstances and working out an agreement for the time away. "The noncustodial parent should also file a complaint for modification in probate and family court as soon as possible." That can be done by mail.

Mr. Thuotte recommends hiring a lawyer. But that is often not an option for those whose resources are already strained. Wetzel, who expects to be called for another tour of active duty "any second now," says he cannot afford an attorney anymore. His net pay as a nurse is $423 every two weeks, after child support and $50 for a college fund for his children are taken out.

Rogers takes a different approach. He calls for "expedited procedures" so those who pay child support do not need to hire legal representation to get payments reduced if income drops.

When Christopher Nye, a computer programmer and Army reservist in Kentucky, was put on alert after Sept. 11, he asked his state child-support agency what his support obligations would be if he were called up. Although that call-up never came, he was dismayed by the time lag involved in getting a downward modification - sometimes several months. "The system is slow," he says. "Something has to be done."

So far, Missouri is the only state to do something. At the time of the first Gulf War, lawmakers passed a bill expediting adjustments of support for reservists called up for active duty if their income changes.

The Minnesota legislature recently introduced a similar bill.

Whether problems with child support stem from corporate layoffs or military call-ups, Laura O'Quinn, president of Parents 4 Child Support Enforcement in Sulphur, La., urges both parents to be understanding. "These circumstances require people to use a little common courtesy and common sense," she says.

Three weeks ago, Wetzel submitted another request to family court to modify his child support. "We'll see what happens," he says. Whatever the outcome of his case, he hopes for larger changes in policies and procedures. "It's an antiquated system," he says. "It definitely needs to be looked at."

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