Top Child Support Issue of 2010

During 2008, the U.S. economy weakened sharply with hundreds of thousands of job losses during the year. Plus thousands of other workers saw their job bring in sharply lower income. Many state child support laws do not take into account how to address dramatic income losses. Most states do not allow retroactive modification of child support and certainly not for child support arrearages. Typically, when a child support obligor has an income loss due to an economic downturn, many months pass before a modification hearing actually occurs. This creates unjust child support arrearages and even creates an incentive for opposing counsel to delay a modification hearing. Finally, the federal Bradley Amendment to the Social Security Act forbids modification of child support arrearages by state courts.

How should states address this serious issue being created by an economic downturn? With child support reform legislation enacted in 2007, the State of Georgia actually produced “model legislation” dealing with this issue that other states should consider enacting in 2009. The new child support code basically says that when a child support obligor suffers an unintentional loss of income of 25 percent or more, the obligor is not subject to arrearages caused by the loss of income if the obligor files for modification and if the court agrees that the loss was involuntary.

This is found in the Official Code of Georgia Annotated. From OCGA § 19-6-15(j)(1):

(j) Involuntary loss of income.

(1) In the event a parent suffers an involuntary termination of employment, has an extended involuntary loss of average weekly hours, is involved in an organized strike, incurs a loss of health, or similar involuntary adversity resulting in a loss of income of 25 percent or more, then the portion of child support attributable to lost income shall not accrue from the date of the service of the petition for modification, provided that service is made on the other parent. It shall not be considered an involuntary termination of employment if the parent has left the employer without good cause in connection with the parent's most recent work.

Due to continuing job losses and resulting involuntary child support arrearages, states should enact similar legislation in 2010.