Manifest Injustice in Alabama Department of Human Resources

In 1990, Lockheed employee and divorced father Bobby Sherill was captured in Kuwait and spent nearly five harrowing months as an Iraqi hostage. The night after his release Mr. Sherill was arrested for not paying $1,425 in child support while he was a hostage. A similar shock awaited Clarence Brandley. In 1980, the Texas high school janitor was wrongly accused of murder. He spent nearly 10 years in prison, most of it on death row, until his exoneration in January 1990. In 1991, Mr. Brandley sued the state for wrongful imprisonment. The state responded with a bill for nearly $50,000 in child support that Mr. Brandley didn't pay while in prison on death row. By federal law neither of these men can have their child support arrears modified or eliminated for the time it was impossible for them to have made the payments. "The Bradley Amendment [42,U.S.C.666 (a)(9) c] says that "once child support obligation has been established, it cannot be retroactively reduced or forgiven by a judge." If a child support obligor becomes disabled, imprisoned, unemployed, or even slips into coma, unless they have the wherewithal or presence of mind to file for a suspension or reduction, their debt will continue to accumulate, and cannot be modified for any reason. The Bradley Amendment all but insures that any non-custodial parent who has a dip in cash flow will be buried under debt that cannot be legally escaped. It often helps chase poor men and women into illegal activities or the underground economy, away from mainstream jobs and their children. The damage it does to family structure and relationships are devastating! Judges and lawmakers have created a "river of wounded children" and destroyed parental relationships!" This is clearly wrong and violates every principlw of justice and fair play for which Americans have always prided themselves. Once you've been branded a NCP (Non-Custodail Parent), you really aren't considered a parent in the same way that the custodial parent is, child support laws reflect this. Your primary role becomes financial, and to support the custodial parent in their role. We must call upon all elected officials and people of influence to sponsor legislation that would repeal [42, U.S. C.666(a)(9)c, commonly known as the Bradley Amendment, and substitute language that would allow retroactive modification of child support arrears in the interest of justice, and when determined to be in the best interest of the child. This would allow rational judges to do what is right in order to eliminate the manifest injustice faced by tens of thousands of child support obligors.