reviewed by Moody Jim Rathbone
The public views court-ordered formulas calculating child support in the United States and England to be unfair, according to a study released Monday. Articles proclaim that researchers hope that this will be valuable information for policymakers dealing with family law issues. Existing child support law is not consistent with the basic application of fairness that most people have.
Here’s the kicker. The research ultimately found that the public believes child support should be adjusted higher or lower based on the mother’s income (assuming she is the custodial parent caring for the children). If you take this statement alone and at face value, the danger and disconnect here seems to be that the income of the father is ignored. Hm-m.
In some states, child support is based solely on the noncustodial parent’s income, while in others both incomes are used in the calculation with an emphasis on the noncustodial parent’s income. Each state has a set formula for judges to use in child support cases.
This study used face-to-face questions and feelings about certain courtroom scenarios. Respondents were found to be three times as responsive than the law when it came to adjusting child support based on income changes of the noncustodial parent. In one hypothetical scenario, if the noncustodial parent made less than a custodial parent, the amount of child support would be lowered, by $100. In that case, the respondents reported they would actually lower the amount by $300. Judges have grown to be jaded and unfair.
The study also found that once a father was ordered to pay a certain amount, that percentage of his income should remain the same even if his income increased or decreased.
The law doesn’t pay any attention to remarriage of the custodial parent, but respondents wanted to take into account the stepparent’s income. This is also a dangerous precedent, allowing for more ravaging of real families by the state. This begins to tell me that a fair percentage of participants in this study were sympathetic, yet disconnected from the damage that child support is already doing to families.
Non-custodial parents have become targets for a state-operated racketeering and extortion operation. Increasingly, the state is proving to be the mafia, even though most of us have become conditioned to this. Is that an insane statement? Hardly. It becomes apparent when you are the target.
Child support is routinely established at levels higher than the noncustodial parent can pay. Child support is determined by judges who refer to an income table and set of guidelines. Judges do have the authority to depart from those guidelines and modify amounts depending on certain circumstances, but they must justify in writing why a case needs different treatment. This may, or may not be a problem. Yet, the difficulty of modifying court-ordered child support in situations where non-custodial parents have lost their job or had a pay cut is another shortcoming of the current system. Fear is designed to be the continued motivation for the non-custodial parent.
What the study found to be unique was that respondents agreed across many boundaries. “You get that same result no matter what — if it’s about women and men, there’s no difference. High-income people and low-income people are the same, same pattern. If they’re Democrats and Republicans, no difference,” said Ira Ellman, an author of the study and professor of psychology and law at Arizona State University. “You get this result over and over again, it’s true in the U.K. also, so that’s a powerful result, I think.”
Is this study valid in your mind? I’d be interested to hear your thoughts.