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THE BRADLEY AMENDMENT: PROHIBITION AGAINST RETROACTIVE MODIFICATION OF CHILD SUPPORT ARREARAGES (CRS Report for Congress)

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Release Date July 27, 2000
Report Number RS20642
Report Type Report
Authors Douglas Reid Weimer, American Law Division
Source Agency Congressional Research Service
Summary:

The Bradley Amendment prohibits the retroactive State modification of child support arrearages. Under current law, no matter what the circumstances, a State cannot modify delinquent child support obligations. The Amendment has come under criticism by noncustodial parent advocacy groups because of the inflexibility of its application. Supporters of the Amendment argue that it prevents affluent parents from avoiding delinquent child support obligations. Pending legislation in the 106th Congress, while not repealing the Amendment, would have the effect of modifying the application of the Amendment under certain circumstances.