From: Subject: Is court-ordered child support doing more harm than good? Date: Wed, 6 Jan 2010 15:09:18 -0500 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_008C_01CA8EE2.38173AC0" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 This is a multi-part message in MIME format. ------=_NextPart_000_008C_01CA8EE2.38173AC0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.facenj.org/aboutface/00q1/engine.html =EF=BB=BF Is court-ordered child support doing more harm than = good?

AboutFACE=20 Newsletter Archives 3D"[FACE FACE New Jersey Home = Page

Q: Is court-ordered child support doing more harm than=20 good?
A: Yes. This engine of the divorce industry is destroying = families and=20 the Constitution.

by Stephen Baskerville , January = 2000

Geoff=20 came home one day to find a note on the kitchen table saying his wife = had taken=20 their two children to live with their grandparents. He quit his job as = head of=20 his department in a university and followed. He was summoned to court on = eight-hours' notice and, without a lawyer and without being permitted to = speak,=20 was stripped of custody rights and ordered to stay away from his wife = and=20 children most of the time. Because he had no job, no car and no place to = live,=20 his mother cancelled a pending sale of her house, and he moved in with = her.=20 Geoff and his mother now pay about $1,200 a month to his wife and her = wealthy=20 parents, and he is left to live and care for his two children on about = $700 a=20 month. A judge also threatened him with jail if he did not pay a lawyer = he had=20 not hired. When his temporary job ends, the payments must continue, and = he is=20 not permitted to care for the children while unemployed. He also expects = to be=20 coerced into paying more legal fees. He has never been charged with any=20 wrongdoing, either criminal or civil.
Geoff's experience increasingly = is=20 common. In fact, it is epidemic. Massive numbers of fathers who are = accused of=20 no wrongdoing now are separated from their children, plundered for = everything=20 they have, publicly vilified and incarcerated without trial.
About 24 = million=20 American children live in homes where the father is not present, with=20 devastating consequences for both the children and society. Crime, drug = and=20 alcohol abuse, truancy, teenage pregnancy, suicide and psychological = disorders=20 are a few of the tragic consequences. Conventional wisdom assumes that = the=20 fathers of these children have abandoned them. In this case the = conventional=20 wisdom is dangerously wrong. It is far more likely that an "absent" = father is=20 forced away rather than leaving voluntarily.
In his new study, = Divorced Dads:=20 Shattering the Myths, Sanford Braver of Arizona State University has = shown=20 conclusively that the so-called "deadbeat dad," one who deserts his = children and=20 evades child support, "does not exist in significant numbers." Braver = confirms=20 that, contrary to popular belief, at least two-thirds of divorces are = filed by=20 mothers, who have virtual certainty of getting the children and a huge = portion=20 of the fathers' income, regardless of any fault on their part. The title = of=20 Ashton Applewhite's 1997 book says it succinctly: Cutting Loose: Why = Women Who=20 End Their Marriages Do So Well.
Other studies have found even higher=20 percentages of divorces filed by mothers, and lawyers report that, when = children=20 are involved, divorce is the initiative of the mother in virtually all=20 instances. Moreover, few of these divorces involve grounds such as = desertion,=20 adultery or violence. The most frequent reasons given are "growing = apart" or=20 "not feeling loved or appreciated." (Surveys consistently show that = fathers are=20 much more likely than mothers to believe parents should remain married.) = Yet, as=20 Braver reports, despite this involuntary loss of their children, 90 = percent of=20 these deserted fathers regularly pay court-ordered child support = (unemployment=20 being the main reason for nonpayment), often at exorbitant levels and = many=20 without any rights to see their children. Most make heroic efforts to = stay in=20 contact with the children from whom they are forcibly = separated.

The=20 plight of unmarried inner-city fathers is harder to quantify, but there = is no=20 reason to assume they love their children any less. A recent study = conducted in=20 Washington with low-income fathers ages 16 to 25 found that 63 percent = had only=20 one child; 82 percent had children by only one mother; 50 percent had = been in a=20 serious relationship with the mother at the time of pregnancy; only 3 = percent=20 knew the mother of their child only a little; 75 percent visited their = child in=20 the hospital; 70 percent saw their children at least once a week; 50 = percent=20 took their child to the doctor; large percentages reported bathing, = feeding,=20 dressing and playing with their children; and 85 percent provided = informal child=20 support in the form of cash or purchased goods such as diapers, clothing = and=20 toys. University of Texas anthropologist Laura Lein and Rutgers = University=20 professor Kathryn Edin recently found that low-income fathers often are = far=20 worse off than their government-assisted families, "but economically and = emotionally marginal as many of these fathers are, they still represent = a large=20 proportion of low-income fathers who continue to make contributions to = their=20 children's households and to maintain at least some level of = relationship with=20 those children."
Yet the voices of these fathers rarely are heard in = the=20 public arena. Instead we hear the imprecations of a government = conducting what=20 may be the most massive witch-hunt in this country's history. Never = before have=20 we seen the spectacle of the highest officials in the land -- including = the=20 president, the attorney general and other Cabinet secretaries, and = leading=20 members of Congress from both parties -- using their offices as = platforms from=20 which publicly to vilify private citizens who have been convicted of = nothing and=20 who have no opportunity to reply.
Under the guise of pursuing = deadbeat dads,=20 we now are seeing mass incarcerations without trial, without charge and = without=20 counsel, while the media and civil libertarians look the other way. We = also have=20 government officials freely entering the homes and raiding the bank = accounts of=20 citizens who are accused of nothing and simply helping themselves to = whatever=20 they want -- including their children, their life savings and their = private=20 papers and effects, all with hardly a word of protest noted.
And = these are=20 fathers who are accused of nothing. Those who face trumped-up = accusations of=20 child abuse also must prove their innocence before they can hope to see = their=20 children. Yet now it is well established that most child abuse takes = place in=20 the homes of single mothers. A recent study from the Department of = Health and=20 Human Services, or HHS, found that "almost two-thirds [of child abusers] = were=20 females." Given that male perpetrators are not necessarily fathers but = much more=20 likely to be boyfriends and stepfathers, fathers emerge as the least = likely=20 child abusers. A British study by Robert Whelan in 1993 titled Broken = Homes and=20 Battered Children concluded that a child living with a single mother is = up to 33=20 times more likely to be abused than a child living in an intact family. = The=20 argument of many men legally separated from their families is that the = real=20 abusers have thrown the father out of the family so they can abuse his = children=20 with impunity.
In Virginia alone the state Division of Child Support=20 Enforcement now is "pursuing" 428,000 parents for up to $1.6 billion, = according=20 to its director, Nick Young. In a state of fewer than 7 million people, = the=20 parents of 552,000 children are being "pursued." That is the parents of = roughly=20 half the state's minor dependent children. HHS claims that almost 20 = million=20 fathers in the nation are being pursued for something close to $50 = billion. We=20 are being asked to believe that half the fathers in America have = abandoned their=20 children willfully.

These figures essentially are meaningless. If = they=20 indicate anything it is the scale on which families are being taken over = by a=20 destructive and dangerous machine consisting of judges, lawyers,=20 psychotherapists, social workers, bureaucrats and women's groups -- all = of whom=20 have a direct financial interest in separating as many children from = their=20 fathers as possible, vilifying and plundering the fathers and turning = them into=20 criminals. The machine is so riddled with conflicts of interest that it = is=20 little less than a system of organized crime.
Here is how it works: = Judges=20 are appointed and promoted by the lawyers and "custody evaluators," into = whose=20 pockets they funnel fees; the judges also are influenced with payments = of=20 federal funds from child-support enforcement bureaucracies that depend = on a=20 constant supply of ejected fathers; child-support guidelines are written = by the=20 bureaucracies that enforce them and by private collection companies that = have a=20 financial stake in creating as many arrearages and "deadbeat dads" as = possible.=20 These guidelines are then enacted by legislators, some of whom divert = the=20 enforcement contracts to their own firms, sometimes even taking personal = kickbacks (as charged in a recent federal indictment in Arkansas). = Legislators=20 who control judicial appointments also get contracts (and kickbacks, = again the=20 case in Arkansas) for providing legal services at government expense in = the=20 courts of their appointees. And, of course, custody decisions and = child-support=20 awards must be generous enough to entice more mothers to take the = children and=20 run, thus bringing a fresh supply of fathers into the system. In short, = child=20 support is the financial fuel of the divorce industry. It has very = little to do=20 with the needs of children and everything to do with the power and = profit of=20 large numbers of adults.
For their part, politicians can register = their=20 concern for fatherless children relatively cheaply by endlessly (and = futilely)=20 stepping up "child-support" collection while creating programs = ostensibly=20 designed to "reunite" fathers with their children. Even some fatherhood=20 advocates jump on the bandwagon, attacking "absent" fathers while = holding their=20 tongues about the judicial kidnapping of their children. Though almost = everyone=20 now acknowledges the importance of fathers, for too many there are more=20 political and financial rewards in targeting them as scapegoats than in = the more=20 costly task of upholding the constitutional rights of fathers and their = children=20 not to be ripped apart.
There is no evidence that endless = "crackdowns" on=20 evicted fathers serve any purpose other than enriching those in the=20 cracking-down business. With child- support enforcement now a $3 billion = national industry, the pursuit of the elusive deadbeat yields = substantial=20 profits, mostly at public expense. "In Florida last year," writes = Kathleen=20 Parker in the Orlando Sentinel, "taxpayers paid $4.5 million for the = state to=20 collect $162,000 from fathers"; and the story is the same = elsewhere.
Instead=20 of the easy fiction that massive numbers of fathers are suddenly and=20 inexplicably abandoning their children, perhaps what we should believe = instead=20 is that a lucrative racket now is cynically using our children as = weapons and=20 tools to enrich lawyers and provide employment for judges and = bureaucrats.=20 Rather than pursuing ever greater numbers of fathers with ever more = Draconian=20 punishments, the Justice Department should be investigating the kind of = crimes=20 it was created to pursue -- such as kidnapping, extortion and = racketeering -- in=20 the nation's family courts.


The author, Stephen Baskerville, = is a=20 professor of political science at Howard University. This article was = originally=20 published August 2, 1999 in Insight magazine, Washinton Times.

AboutFACE=20 Newsletter Archives 3D"[FACE FACE New Jersey Home = Page

Copyright 2000, FACE New=20 Jersey

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