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Bill Swadley

Bill Swadley

Posted: February 21, 2011 07:49 PM

When I wrote about child support recently I knew I was touching on a hot topic, but I was still surprised at the high emotional level of conversation in the comments that followed. To be clear, I wasn't advocating the implementation of some kind of draconian accountability system for how child support payments are utilized. While I don't think it's a bad idea on paper, the reality is that it would require another level of bureaucracy in an already dysfunctional system (in most states) , and would be nearly impossible to enforce. I was, however, suggesting, that the parent receiving excess support payments ("excess" definable by the conscience of that parent) put the extra money away for the child. In a college fund, for the down payment on their first car or apartment, etc.

A few people berated me for being vague in terms of my exact situation. Obviously that was intentional. I didn't want the post to be about me, but I was willing to use my personal experience and that of various friends to question the status quo. In doing so I learned something from the ensuing conversation. According to the comments posted, a great many people paying and receiving child support feel they're being abused. With much passion from both sides. It's hard to tell from such an informal survey whether in equal numbers on both sides, but certainly both have their share of horror stories. Both sides. From people getting pathetically little compared to their cost of living to take care of their child full-time to joint-custodial parents paying thousands of dollars a month to a self-sufficient ex-spouse.

My main takeaway from the conversation was that the system most states use to determine and enforce spousal and child support doesn't work very well. That's not to say that if a divorced couple has the wherewithal to pay court and legal fees and a willingness and ability to repeatedly show up in court or mediation together they can't find that perfect formula, but that's not the case for everyone. Even if it were free, filing court petitions and attending hearings are time consuming. Taking care of kids is a full-time job even if you only have them 50% of the time, and hearings usually occur during the day when most people are working. Just thinking about it makes me tired. So, yes, if someone is getting the shaft in the post-divorce support situation there is legal recourse, it's often just not very realistic to pursue.

What I read over and over again in the comments was that many people have been badly impacted by the system, are now struggling because of it, and are at a loss as to any remedy. This is one of those situations where one can see a problem very clearly and from every angle, but not even a hint of where the solution lies in terms of the system itself. Is anyone even working on it? Probably not. Then what's the solution? Don't get married? Don't have kids? Don't get divorced? If you do get married and have kids make sure you have a giant legal fund put away in case you get divorced? None of the above, obviously. People don't think about divorce when they're getting married and having kids and never will.

I was talking with a friend over the weekend about divorce and settlements and such. We've both been divorced for many years and have very accommodating attitudes in terms of scheduling with the exes. As 50-50 parents it often benefits everyone to allow for those unexpected business trips or nearly missed soccer practice drop-offs (especially the kids, of course). She pointed out that she wasn't always that way. In the beginning, the schedule was the schedule. As if it were written in stone. It's like that in the aftermath of divorce. It's never, "We're sticking to the schedule because the court says so." It's, "We're sticking to the schedule because I hate you!"

What's often missing is something even the most perfect state family law system can't fix. Cooperation and empathy. From everyone, for everyone. I know, this is often impossible given the baggage that led up to the divorce, but for most parents the bottom-line is the welfare of the child, which hopefully goes beyond the monetary and way beyond hurt and anger.

I've heard good advice that parents put themselves in each other's shoes to see if there might be a different perspective from that side of the fence, but I find that it's even more important to put myself in my children's place to see from their perspective what I'm teaching them.

 
 
 
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HUFFPOST SUPER USER
FreedomHaawk
08:24 PM on 03/29/2011
Non-custodial parents cannot write of their debt, because of the Bradley Amendment. However big corporation can file for bankruptcy and get bailed out by the US government. NCP cannot get a bailout.
Libyan "Rebels are supported, however Non_custodial fathers who "Rebel" against the child support system are sent to jail.........In the land of the Free
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Mr Bobo
Warriors, come out and PLAY-AY!!
01:49 PM on 03/16/2011
Here's a very interesting read about paternity fraud in the state of California. It's very short with a lot of facts in figures and refers to the veto of California AB 2240 "The Paternity Justice Act" that was passed in 2002 and then vetoed by the Governor because he feared losing federal funds.

Who knew that 79% of men paying child support in Los Angeles County were on the hook because of default judgments? "The Paternity Justice Act" would have given men 36 months from the time that paternity fraud was discovered to challenge judgments in the courts.

http://www.glennsacks.com/california_governor_davis.htm

If this doesn't get your blood boiling, then you have no soul.
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Mr Bobo
Warriors, come out and PLAY-AY!!
01:06 PM on 03/16/2011
Is it true that if a woman commits paternity fraud and collects child support from a man who isn't even the father, he has no recourse to sue her and collect any child support payments he made?
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Mr Bobo
Warriors, come out and PLAY-AY!!
12:56 PM on 03/16/2011
It's interesting that in the State of California, a woman who wants to collect welfare must provide the name of the "father" in order to receive benefits. Many times they'll make one up or choose some guy they slept with once. The court will merely serve by mail as opposed to physically serving the court documents. If "Fred" no longer lives there, there is a possibility that he could receive a default judgment and then all hell breaks loose. An assembly member had introduced a bill when Gray Davis was Governor that would have given falsely accused "fathers" a way to get the order reversed even if they did not reply after a certain amount of time. Gov. Davis vetoed the bill because the state would have lost too much money, considering that approximately 30% of men paying child support could be excluded as the biological parent with a DNA test.

This doesn't affect me as I'm happily married with children, but it seems like a moral injustice to be on the hook because it would otherwise cost the state money.
11:34 PM on 03/10/2011
When my ex and I split up, he wanted to move 5 hours away. My son was all for moving with him and instead of making him go through a drawn out custody battle, I agreed on the condition that I only pay $100/month CS to help pay for clothes and shoes. We already had it in the papers that all health and sport rec expenses would be 50/50, also any school fees. I would only get my son on all holidays and a large portion of the summer, so my keeping clothes here would be dumb as he'd grow out of them before the next time he came. The ex wanted to move so far away that we couldn't have the 50/50 custody like if we lived in the same town, so he can take on the monetary responsibility as well. Of course once the papers were finalized, he moved back to town. I can't afford to go to court to get the custody changed and not only do I pay CS, I have also bought my child $100s of clothes and shoes that he's needed since his dad has quit 4 jobs in the last 8 months. I pay half his school lunches and I have vision and dental ins on him as agreed upon. The ex (due to quitting) had to put my son on Medicaid. Now CS has opened a case to be sure I pay because he can't do his part.
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HUFFPOST SUPER USER
Nicole Dixson
10:58 PM on 03/15/2011
Are they opening up a case for CS or for medical support? In CA, if a child is receiving Medi-Cal only, we only look at medical support unless the parent signs off that they also would like to pursue child support. If it is only for medical support, they are going to see if you can provide medical insurance for your child and Medicaid will be then be a secondary source to be billed. If your ex is requesting child support enforcement or is he is receiving any type of cash aid (Cal-Works in CA and I believe TANF in other states), then they will be looking to have you pay more support. If he is receiving cash aid, they will pay themselves back some of the benefits they have provided your son and give him a small disregard payment. It is rough, but it is the reality.
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HUFFPOST SUPER USER
fb0252
10:43 PM on 03/10/2011
you are very right imho opinion to q the system of child support and post divorce support payments generally. CS is a fairly new innovation and compares with days past when it was much more customary for the divorcing female simply to separated from the father, take the children with her, and thereafter find a new husband-step father who would father the children and provide for them. There is a lot to be said for that system. I have seen, with a lot of experience, very little good come from the system of "child support".

,
02:11 AM on 03/09/2011
You wrote: "This is one of those situations where one can see a problem very clearly and from every angle, but not even a hint of where the solution lies in terms of the system itself."

What system?

The problem is the money that the states receive from the Federal Government - Health and Human Services to be specific - to help collect child support from those parents in arrears. $4.6 billion to be exact is paid to the states - An average of $92 million per state. There are no checks and balances nor oversight by HHS nor the state over the counties where the problems originate. The more people who pay "Child support" under conditions that force them to be in arrears, the more money the states rake in from the Feds.

A system designed to destroy the family; paying willing, dumb folks good money to do this dirty work.
04:24 PM on 03/07/2011
I don't know where I read about the following things- here I think, but both made me pause. . . Sadly neither did anything more then add to my mixed feelings/discontent/guilt/anger/frustration about custody. 1.) If parents would only give each other the breaks that they get after divorce with split custody- weekends off from time to time, marriages might actually last longer. 2.) I would be paying for almost all of my living expenses whether or not my child lived with me- of course this doesn't cover the all of those things that I cover because I have full legal custody- but I get to be with my child everyday, watch her grow, be there when she needs me. He gets her three times a year. His choice- but I constantly do this mental weighing and balancing in my head to keep myself sane. And, I have to say,it works about 38% of the time.
06:29 PM on 03/03/2011
My colleague, Jackie Handorf, fellow Warren County, Ohio family lawyer, brought my attention to this blog. My law practice is limited to family mediation and Collaborative Family Law. Bill has it right...its all about empathy and cooperation. Children learn what they live. All clients say they just want what's best for the children...they just get confused about whether it's the child within or the child they brought into the world that they are wanting to protect. We have found that time spent in the Collaborative Process, with self-aware professionals, allows for calmness to re-enter the dynamic family system; all for the good.
04:24 PM on 03/03/2011
child support should be baned- custody should be 50/50- with the children spending 3 1/2 days in each home per week. that eliminates the $$$ battle & allows both parents to have the school time & play time.
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HUFFPOST SUPER USER
rosey7
12:26 AM on 03/05/2011
SHAR-PIE, Most parents don't even ask for joint physical custody. The majority of men will not or cannot change their work schedule to accommodate a child's school and activity schedule. It only works when both parents (if working) can afford a reliable baby sitter who does the pick ups, homework- gets the kids to practices etc. I was engaged to man who was very wealthy, was able to shorten his work schedule and had a 3 1/2 days split. The kids hated it! They were constantly forgetting things in one house. Finally, the kids demanded one week at each house. Each home had different rules, mom was easy going, dad was over bearing and in their face about everything. Their eldest son wrote his college essay on what a nightmare the supposedly even split of the kids was for him. In my case, my ex wanted joint custody on paper but only wanted 2 days a month, which he only used when he felt like it. It was too much work just to have half a weekend. One size fits all does not work in anything. Not in anything ! but especially when children are involved. Custody with reasonable parents must be flexible. What works with small children may not work for teenagers. It can't be static but re evaluated to what works best for the kids first and the parents second.
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irishdoc
It's not me..it's you. Really
01:18 AM on 03/06/2011
Your son needs to write publicly about his experiences. I agree that children are NOT well served by being forced into joint custody situations.
05:07 PM on 03/07/2011
This is obviously NOT the answer to every custody issue. If parents could work that well together, they are either not getting a divorce or they are choosing that option for themselves. Face it, even in 50/50 situations, not each parent is always putting in 50% of the time or money to raise the kids. I work for a divorce lawyer and I see this everyday. Mom/Dad wants 50/50 so as not to pay support, then when they get it, they refuse to buy clothes, refuse to pay for school lunches, refuse to pay for child care, refuse to take time off from work to go to the doctor...they use it as an excuse to get out of supporting their child. This isn't a one size fits all issue and treating it as such just shows ignorance of the real problem.
06:56 PM on 03/02/2011
Great article. I'm looking for some advice as to if I should go after my ex for child support. I'm a woman and the non-custodial parent. My understanding from our last meeting with the Custody Evaluator is that I have a little less than 50% but for the past year we have but we have been doing 50/50. I've paid half of all my child' expenses even though I've been out of work for an extended period of time and I've been using savings. My lawyer advised I go after him for child support when I was first unemployed but I was afraid to rock the boat. I'm almost out of savings and again am getting advice to move forward with the support issue. It was a high conflict divorce and he got the house, etc. and I'm concerned about the ramifications there might be to custody and what my ex tells our child. He already is somewhat deragatory to me. I'm really worried about running out of savings and not having enough money to support my child, but wondering if I should just sit on the issue and wait until I actually do run out of savings hope I do get a job before I'm out of money or move forward. Don't feel comfortable asking him directly for money as we have a horrible relationship and he had always been very money conscious. Lawyer wants lots of $.
12:24 AM on 03/03/2011
I'm not a lawyer, and I have no idea as to the answer to your problem. However, there are two things you can do that can help your case. The first is to have good documentation that shows you have the children 50% of the time. This can consist of a log of the dates and times you have your children. The second is to take the children to get a psychologist's recommendation--particularly if you believe the children will be supportive of spending more time with you. Use a psychologist, and not a social worker. The training that psychologists receive is vastly superior (and they're less likely to be duped). I've seen far to many people burned by incompetent social workers (I am one, and had to get a psychologist to undo some of the damage caused by a social worker).
02:37 AM on 03/03/2011
I sincerely hope the best for you divorcedwoman. Good luck
10:55 AM on 03/01/2011
I say thank you to the author for having the fearlessness to open up this subject. Far too many want to keep the plight of the non custodial parent hidden from public view by minimizing the suffering the NCPs endure. Fair and equitable treatment of non custodial parent will lead to an environment of cooperation and empathy for all - but most of all the children.
12:49 AM on 03/01/2011
Cooperation and Empathy, Yes! If there were more of it, then we'd all have a less stressful lives. Due to the lack thereof, we spin our wheels.. (time and money) going to court, and having tension rule our days. Is it that difficult to see that it's all about the kids and not you- the parent?? I'm not talking about going overboard on the support - just to even-out the imbalance of salaries along with time and effort to get them where they need to go in life... An agreement or a signed Stipulation would be welcome once in a while!!
10:56 AM on 02/28/2011
To all the men who are shocked, schocked I tell you! that children cost money to support, and appalled that they should have to contribute materially: stop having kids. You can use birth control too. You also have the right NOT to sleep with, marry, or cohabit with women. You can get vasectomies. And this goes as much for women who are stuck carrying the burden of single parenthood with a small monthly pittance (if it shows up at all): it was your choice to do this.

If each side assumes full responsibility for birth control, no accidents happen. And for those parents who deliberately had children, you got what you wanted, so please don't complain about the costs, as if you have buyer's remorse. It makes children feel worthless and not valued.
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11:57 AM on 02/28/2011
I don't know if I can fan you enough. This is very well said, on both sides. Thank you!
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HUFFPOST SUPER USER
Nicole Dixson
04:25 PM on 02/28/2011
Amen, sister! Best post on this board.
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Cory111
Life is good...
10:17 AM on 02/28/2011
$50,000.00 for a marriage license, $10.00 for a divorce.