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10 Ways to Improve Family Law Courts
The current jurisdictional model for managing family law courts is extremely outdated and archaic. It is governed by a 1950s chauvinistic view of marriage and parenthood. Men are expected to be emotionless, robotic breadwinners, while women are expected to be caretakers of the home and children. Women are working now. The economy is in shambles, and those who are not burdened with maintenance or alimony are forced to work two jobs to survive. Below I have suggested 10 ways to drastically improve fairness in family courts that more closely reflect our modern culture and the realities present in our economy.
1. Eliminate Assumptions: When a man and a woman walk into a courtroom, it is assumed that the women are already the custodial parents who deserve child support. Courts should assume that both parents are equally divided in their rights. There should be a presumption of 50/50 shared custody with no alimony mandate.
2. Repealing Title IV-D of the Social Security Act: This law states that the federal government will give $2 to state governments for every dollar they collect in child support payments. This creates an automatic incentive for courts to award high child support. The extra money allocated to the states also does not benefit the children, but goes into “sludge” funds. In these cases, there is no basis for the state to receive a profit. This creates a conflict of interest.
3. Limit the powers of the Child Support Agency: CSEA administrators should NOT act as judges. They should NOT issue and calculate child support orders. They do not have the authority to hear special circumstances, forgive debt or deviate from normal guidelines. It costs taxpayers more than $3 billion a year to staff and maintain these agencies that probably shouldn’t exist to begin with or at least should be severely cut.
4. Provide equal representation: According to the constitution, in criminal law, the accused have the right to representation even if they cannot afford a lawyer. In child support cases, the state is the profitable party with a vested interest. The petitioning party is supported by the Child Support Agency with incentives paid to the state through the payment of an award under Title IV Sec. D. While child support cases are technically considered “civil cases,” the ramifications and complexities of family law are very serious; not to mention a child is involved. If the courts truly believe in the best interests of the child, they will try to properly represent and protect both parents. Fathers who feel protected and considered are much more likely to accept their duties if they don’t feel so intimidated and alienated by the process. This is why I believe both parents should have court appointed attorneys to get everyone the best deal possible. Happy parents = Happy children.
5. Build non-custodial parents: According to my research, parents who earn below the national median income ($42,000) per year are considered “high risk” due to arrears. Fathers or (NCP) earning below $42,000 per year should be given the opportunity to complete employment programs instead of sanctions. If the courts can offer programs to help the paying parent reach that $42,000 per year standard, they will become “low risk” of defaulting.
6. Eliminate enrichment sanctions: Courts can garnish their wages, seize their bank accounts, liquidate their assets, do whatever you want to recover back child support payments. However, do not revoke the person’s driver’s license or imprison them. By doing either, you severely limit that person’s ability to generate income. They get caught up in a cycle of prison, accumulating debt and a ruined resume. Nobody wants to hire someone with a record. And if you live in a city with poor public transportation, getting back to work can become extremely burdensome, limiting employment opportunities. Debtor’s prisons are outlawed for a reason. Making one’s child the source of one’s imprisonment is a crime unto itself. A married man who does not take care of his child is left alone by the government, but an unmarried man is subject to discrimination. Find out why the parent is unable to follow the order and in the “best interest of the child” make it easier for the parent to follow the order!
7. Make Both Parents Quit: Women can legally kill their children through abortion, and thanks to “safe haven laws,” they can also leave their children at fire stations or police departments without question. A woman who makes the decision that she is not emotionally or financially ready to be a mother is given the opportunity to choose parenthood. The men were told to suck it up or face jail. The parameters found in states that allow abortion should also apply to men. Up to a certain point, determined by law, a man should be able to resolve his desire to be a parent just as a woman can. Many will argue that this will create more mothers dependent on welfare, however, we need to consider many things. The federal government can spend $1 trillion on unconstitutional wars in Iraq and Afghanistan, yet complain about welfare spending that takes up less than 5% of the federal budget? Also, who says the government has to hand out food stamps anyway? If the federal government can afford to give states $2 for every dollar they collect in child support, then they can afford to feed and house poor people. The Federal Reserve printed billions to bail out corporations, why not bail out people?
8. Limited Amounts and Spending: It is outrageous that a custodial parent can claim $10,000 a month just by getting pregnant BY a rich person and maybe even getting HIS house! With the magic of “no-fault divorce,” one can literally get pregnant by a rich man, divorce him for no reason, and take half of his property over the next 18 years. Caps should be developed based on the cost of living in the state, so as not to stimulate divorce for those looking for a quick lottery! Additionally, the paying parent must have tools in place to hold the custodial parent accountable for how their money is spent. Custodial parents should be given prepaid cards that can be tracked. Housing, food, day care, school supplies, medical expenses, clothing,… those things would be acceptable allowances. However, if the custodial parent were to use the card to buy alcohol, vacations, TVs and other non-essential items, those fees would be contested. This card system could create an argument that the custodial parent needs more money and/or less. Another option could be to use the money left over at the end of each month and have it automatically go into the child’s fund and/or be applied to arrears.
9. Create a Child Visitation Agency: Parental alienation is a HUGE epidemic. Fathers have to spend thousands of dollars in legal fees to get basic access to their children without government assistance. If there is to be a child support enforcement agency, there must be an agency or hotline for non-custodial parents to call if they are actively denied access. In many cases, fathers cannot see their children for years due to expensive legal fees, false restraining orders and cooperative mothers.
10. Mediation First – Court Second: Before mother and father ever see a judge, both parties should be asked to attend mediation first. Have the worker use the child support model as a starting point, then allow each parent to talk and negotiate with each other and come up with an acceptable plan. If the parents cannot communicate properly or the order is later deemed insufficient, then the judge can step in and issue his calculated orders. My point is, give the parents one last chance to work things out without the government getting involved!
These are just a few ideas I have. This idea that we have to punish and throw people in jail only works on those rare individuals who CAN afford child support and yet choose to hide their assets or use scams. However, most of these laws, while well-intentioned, end up turning the middle class and the poor into criminalized debt slaves.
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