One of the most compelling examples of this problem occur with the National Guard. With war in Iraq and Afghanistan, increasing numbers of Minnesota troops are activated and reserve units deployed. Many of those troops, unfamiliar with the system or how to modify support in the short term are unable to have child support hearings held before they are deployed. With their reduced wages, all too often they fall behind in child-support payments. Once they fall behind, they incur penalties and interest as well has having Judgments docketed against them. Even given their special circumstances, there is no forgiveness for those arrears.

PROBLEM 4 - CHILD SUPPORT CAN BE DETERMINED RETROACTIVELY FOR NEW OBLIGATIONS

Unlike child support modifications, an initial determination of child support may be made retroactive for up to two years. This most often impacts fathers in cases where they may not know that they have a child OR where the mother asked the father not to be a part of that child's life. Yet, even though the parent was not advised that he may have fathered a child or was not allowed to play a part in that child's life, it does not prevent the mother or the state from filing an action for child support at any time and seeking as much as two years of past due child support. Such proceedings often result in financial disaster for fathers and any new families they may have established.

PROBLEM 5 - PATERNITY FRAUD

A growing problem is also paternity fraud. Paternity fraud is the act of falsely naming a man to be the biological father of a child. It often occurs for the purpose of collecting child support or to cover up infidelity which occurs during a marriage. In many instances, named fathers may be required to pay child support when the relationship with the mother dissolves. However, when there is conflict regarding custody or parental rights, nothing prevents the mother from seeking to establish paternity of the true biological father and, thereby, eliminate or reduce the rights of the parent that has been paying support for a term of months or years. Even more incredible is that in most cases, there is no viable legal action through which the fraudulently obtained child support can be reimbursed. CONCLUSION There must be major reform in the child support industry. Child support guidelines must be modified to reflect contributions for actual child support expenses rather than based on a rigid grid formula that is in place today. The laws must also allow some flexibility for modifying child support, even retroactively when special circumstances exist. Perhaps the best solution would be legislation that creates a presumption for joint physical custody thereby eliminated or significantly reducing child support awards.

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