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Susan Tose Spencer

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The Mommy Trap

Posted: 03/12/11 03:24 AM ET

Jack and Jill met at work and fell in love. They both were earning mid five figure salaries and on a fast track to advance with the company. Jill married Jack. The following year Jill got pregnant and within two years they had two children. Jack agreed with Jill that she should stay at home and raise their children. Three years later Jack left Jill. Jack and Jill no longer went up the hill together--Jill became a single mother with no savings, no child support and no career and her life came tumbling down.

I call this the Jack and Jill Syndrome. More than five million divorced, single-mother families live in the United States today according to the Census Bureau's 2010 Population Survey. Over half of these mothers receive no child support. Although greater than three-quarters of single-mothers work, they and millions of children as well, are living at or below the poverty level. A single-mother's money woes are actually a double whammy because she has to support herself and her children. This profoundly impacts this generation of national treasure--our children, who are among the most vulnerable.

The Jills of the world, regardless of whether they are educated and formerly held good jobs or are high school drop-outs, all suffer from society's prevailing view that raising children is not a valued occupation that carries with it an economic benefit. So what's a Jill to do?

As a lawyer who has handled matrimonial matters, (not by choice but as an accommodation to corporate clients), and prepared prenuptial agreements, it dawned on me that women could benefit from the protection afforded by a "prenup" type of agreement signed before marriage that was devised to avert the Jack and Jill outcome.

A little background might be helpful here to put prenuptial agreements in context. Historically, marriages were arranged by families who wanted to protect their inherited property that was handed down from generation to generation to the first son. The romantic notion of marriage is a relatively contemporary phenomenon which has interjected a seemingly disparate ingredient (love) that complicates the ability to reach an agreement. It is no wonder that women try to avoid any discussion of an arrangement that involves love, children, money and property concurrently. But that is exactly what they must do if they want to preserve their wellbeing and that of their future children.

I believe a newly fashioned "family-prenup" that includes compensating stay at home mothers who raise the couple's children and take care of the home and apportions the cost of providing for their children until they are 18, would produce an equitable solution. Three primary subjects need to be settled and documented to start the ball rolling:

Discuss money, property and children. Mothers need to encourage their daughters to initiate a serious discussion with their future husbands prior to the marriage and urge them to resolve all of the important money, property and child rearing issues--culminating in a signed agreement--before they walk down the aisle. This course of action is critical because once the romance fades all of a bride's leverage evaporates.

Thrash out every "what if" about raising children. A young couple just starting out is inclined to discount the importance of talking about what if's involving children that they may have someday in the future. This, more times than not, is a fatal mistake, evidenced by the staggering number of single-mothers who are the sole providers for their children. The future bride and groom should make a list of all the "child issues" and reach an agreement as to how the costs and household duties should be shared.

Advance the concept of "One Financial Pot" With Shared Money Management. Money matters are one of the thorniest topics for couples to discuss, but it is much easier to talk about finances when you are young, in lust, have few assets and are both working. This is the only time that this discussion has a possibility of leading to a satisfactory arrangement. After marriage, especially when you are pregnant and planning to be a stay at home mother, it's too late! So, open up a conversation about sharing everything and putting it in a collective pot. If you are good at handling money, as many women are, suggest that you be the partner to pay all the bills. If not, work out an understanding where you share money management responsibilities.

So what happens if your intended refuses to talk about these matters? Here comes the moment of truth. Knowing what you already know about the large percentage of divorced, single-mothers who are living at or below poverty level--will you back down and leave these matters unsettled just to avoid an argument? If your answer is yes, you are likely to end up as one more Jill, who tumbled down the hill, and became a new casualty of the Jack and Jill Syndrome.

Susan T. Spencer is the author of Briefcase Essentials: Discover Your 12 Natural Talents for Achieving Success in a Male-Dominated Workplace. She is the only woman who was GM of an NFL team and an entrepreneur who successfully navigated the male-dominated world of meat processing. www.BriefcaseEssentials.com

 
 
 
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Lennie Ross
Chick Lit Author & Blogger in Los Angeles
03:09 PM on 03/30/2011
Susan, I think this is an amazing article with such a strong message. It is also difficult for single women who do not have children, because there is no equality in the workplace and sexual discrimination and harassment still make things challenging for women who have been brainwashed into thinking they should have careers. I think future generations suffer from these additional financial burdens being placed on women. How is it truly possible to raise a family and be a business woman at the same time. Either the work or the children will suffer. We are all not Wonder Woman. I think the Peter Pan Syndrome in men is also detrimental to women. Read more here:
http://lennierosswrites.squarespace.com/lennie-writes/2011/1/29/dont-die-tink-hes-just-another-peter-pan.html
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Ed Baker
Militant Moderate
04:02 PM on 03/14/2011
"They both were earning mid five figure salaries and on a fast track to advance with the company." ....... "Three years later Jack left Jill. Jack and Jill no longer went up the hill together--Jill became a single mother with no savings, no child support and no career and her life came tumbling down."

So - if he was earning a good salary - how did she end up with no child support?

"More than five million divorced, single-mother families live in the United States today according to the Census Bureau's 2010 Population Survey. Over half of these mothers receive no child support."

Yes, because usually - he didn't fit the profile put forth in the initial paragraph.

If something doesn't make sense, it's probably not true.

A cynical person might say the author tailored her narrative to lay all of the blame on the male figure - so that one couldn't lay part of the blame on the female for poor selection of the father.
12:24 PM on 03/14/2011
Or how about this real-life scenario: Family lives on Jill's salary in order to save up for a nicer house. Jack saves the money he earns until he has enough to ditch the family and take an extended vacation abroad.

The lawyer's advice: without a written contract there is no way to prove that this agreement was ever made.

Lesson I: Even within a marriage a legal document may be necessary to define an agreement

Lesson II : Jack who saved money supposedly for his children's benefit and then spent it all on himself is hardly an "equal" parent to Jill who worked in good faith to provide resources to the kids.
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Ed Baker
Militant Moderate
04:20 PM on 03/14/2011
If you have to rely on a contract to keep you're man home, I'd suggest a different tactic.

If you want to keep a dog around you have to put good food out.
04:03 AM on 03/14/2011
oh...one other possibliity...Jill and Jack agreed they could manage a second child...Jill got pregnant with twins... jack never forgave her for that. ummm...it was not exactly what Jill planned on either.

My twins...wouldn't trade them for anything in the world...wouldn't wish them on my worst enemy.
02:04 AM on 03/14/2011
My advice for Jill

1- Don't marry Jack.
2- Don't have kids.


A happier life will result
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Lennie Ross
Chick Lit Author & Blogger in Los Angeles
03:25 AM on 04/11/2011
Not very positive. What if Jill is a glass half-full type :)
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HUFFPOST SUPER USER
frank day
Republican = FAIL
08:13 PM on 03/13/2011
* Be Financially prepared before having children.
* Do not pressure your spouse into having children.
* Be absolutely committed to being a parent before having children.
(It is a lifelong commitment.)
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HUFFPOST SUPER USER
Nicole Dixson
02:36 PM on 03/13/2011
Bash me if you must, but not for nothing in this world, would I be a "stay at home mom". I know not every situation is the same, but I have listened to women and have heard the following, "He only gives me $50.00 a week and that includes the kid/kids' expenses for the week, he won't get up with the baby, he won't change any diapers, etc." I was visiting my brother and his wife on Thanksgiving. They have been married 14 years, have 4 children and she has stayed home the entire time. The day after Thanksgiving, he and I were the first two up. One of the young ones wakes up and wants some food, he sends her to wake up my S-I-L. They get into an argument, and I hear her yelling, "I am not lazy, stop calling me lazy." I couldn't help myself, I started yelling at my brother about how lazy HE is and how he and the kids need to give my S-I-L a break from time to time. Just because you bring home a check, it doesn't mean you are the only person WORKING. Your employment has office hours, being a stay at home mom never ends. No thanks. An older lady I worked with once told me that once she got a job, her marriage got better. Her quote was "I was no longer treated as a piece of the furniture."
03:33 PM on 03/12/2011
“I am one of the single mother's that are in the half that don't receive child support. And it's not because it wasn't agreed to or court ordered in the divorce decree. It's because, at least in my state, the law makes it so incredibly hard and costly to enforce it via the court system, and the Child and Family Services department is inept and slow to garnish wages. Even if a prenup existed, you cannot force a deadbeat parent (no matter what their gender) to pony up child support if they refuse to pay, and or use the legal system to their advantage by stalling, stonewalli­ng, and filibuster­ing court dates. I realize that some states may be more progressiv­e than mine in addressing this issue, but probably not many given your statistic that over half of all single parent's do not receive child support.â€
06:05 AM on 03/13/2011
What state? This is a shame! It seems a state would WANT to enforce a parent to pony up to his/her responsibility for child support, so the children are provided for w/o needing state aid.
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HUFFPOST SUPER USER
Nicole Dixson
02:23 PM on 03/13/2011
Most states have gotten pretty hardcore. Sorry to hear about your sucky state. I wouldn't give up. Keep pushing. Call your Congressperson, go down to your Congressperson's office, write letters. He wants you to get tired and give up, don't do it. Outlast him for your child/children's sake.
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Ed Baker
Militant Moderate
04:09 PM on 03/14/2011
Well you picked him.
12:41 PM on 03/12/2011
I think this is a fantastic idea as it protects both men and women. In your "Jack and Jill" scenario, after only three years, there is divorce-- but after such a short term marriage "Jill" would not be entitled to much more than child support. Moreover, the assumption is also that Mother is caring full-time for the children. Why doesn't she grant Father equal custody to the children (seriously in the best interest of the children) and therefore make herself more available for employment? Again, good concept, for protection of the entire family.
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SophiavanBuren
Author of ILLUMINATION
01:05 PM on 03/12/2011
Kudos! Equal custody of the children is ideal and can solve a lot of problems for a divorced family. The children are better adjusted, the mother and father often feel better about the arrangement, and are less likely to fight or go to court and spend their children's future college funds on legal fees and lawyers. It's fair.

The only problem with this "ideal" solution, is that I don't know if our society is ready to give up our 1950's notion of what men's and women's roles are.

I am a non custodial mom by choice. My ex husband and I do not have the funds to fight in court, so we simply tried to make a solution for our family that worked best for our kids and schedules... I work full time and pay child support, he works part time and does the day to day heavy lifting. I am an awesome "divorced dad", and see my kids all the time, talk to them on a daily basis and am very involved in their lives.

But after reading recent stories right here on HP and in Salon, about other non custodial moms, I'm scared shitless to admit how beneficial sharing custody and being the female non custodial parent can be.

Public opinion seems to be that are not the primary custodial parent as the mother, whether you can afford to be or not, you have "abandoned" your offspring and are a selfish woman.
09:38 PM on 03/13/2011
Kudos right back at you for being brave enough to "come out" publicly in support of equal shared parenting. As a divorced mother to whom it never occurred to give her children anything other than equal access to their father, I too have been leery of promoting shared custody, or even "worse" father's rights. But, you nailed it on the head when you wrote of 1950's notions... it's just time to get progressive.
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Ed Baker
Militant Moderate
04:22 PM on 03/14/2011
Bravo to you for shedding the baggage that others would put on you. Thankfully, courts are becoming more enlightened to the value of both parents.
09:04 PM on 03/13/2011
Depending on their income good child care may not be feasible and it's in the best interest of the kids if Mom stays home at least until they begin first grade.

Why all the emphasis on giving father's joint custody? Even in most joint custody scenarios it’s still the mother who does everything anyway, but now she's got to go through the dad who wants to feel like he's important. Is that why the relationship failed because she spent too much time with the kids in his mind yet he wants joint custody of those same kids? Those dynamics happen all of the time and have nothing to do with the daily care of the children, rather it’s usually about a male wanting to keep control of his former household.

It doesn't always help the kids to have joint custody rather it’s often a way to legally harasses the primary caregiver, which is usually the mother. Custody should continue to be decided on a case by case basis.
11:41 AM on 03/12/2011
I am one of the single mother's that are in the half that don't receive child support. And it's not because it wasn't agreed to or court ordered in the divorce decree. It's because, at least in my state, the law makes it so incredibly hard and costly to enforce it via the court system, and the Child and Family Services department is inept and slow to garnish wages. Even if a prenup existed, you cannot force a deadbeat parent (no matter what their gender) to pony up child support if they refuse to pay, and or use the legal system to their advantage by stalling, stonewalling, and filibustering court dates. I realize that some states may be more progressive than mine in addressing this issue, but probably not many given your statistic that over half of all single parent's do not receive child support.
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HUFFPOST SUPER USER
divorcedpauline
10:17 AM on 03/12/2011
I think this is a great idea. The reality is, that women generally bear the onus of child-rearing and often drop out of the job market because juggling work and home is too overwhelming. The assumption that the post-divorce playing field is level for men and women is wildly inaccurate. Men generally end up with more time and opportunity on their hands, and if they choose to date/remarry, they have a much bigger pool to draw from (because men tend to date younger, not older) than women. And if single moms are struggling to make ends meet, the stress is clearly felt by the children. Family prenups would lessen the drastic drop in quality of life experienced by so many divorced women--and by the children they're raising solo.
08:23 AM on 03/12/2011
Why do you give an example of the husband leaving the wife, when 2/3 or more like 75% of divorces are initiated by the WIFE??? And why do you give the example of the woman having sole costudy-- haven't you seen the thousands and thousands of messages on so many sites of men DEMANDING equal family rights? Why don't you write about the Fathers and Families movement to demand that all states legislate PRESUMPTIVE EQUAL PARENTING? Most fathers want it, but in my state Maryland the women in the Senate refuse to budge on the negative attitde, probably because they want MONEY from men.
Please be realistic and not gender-biased. But yes, we sympathize in cases where one spouse deserts another and abandon's his/her responsibility. But it is not the norm.
recless
Evidence first. Believe later. Maybe.
08:21 AM on 03/13/2011
Careful, don't trip over your statistics. Do more research. Women file for 2/3rds of divorces, but that does not mean they are the ones that "want" the divorce. Often there are benefits for a women to be the first to file, but also often the couple is planning to divorce and they decide to have her file. You are twisting facts to fit your already existing bias (belief, theory, etc). Take the facts only. Then theorize.
09:09 PM on 03/13/2011
Applause!
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Ed Baker
Militant Moderate
04:11 PM on 03/14/2011
Because this site is fundamentally misadrist and targeted to a certain demographic.
06:43 AM on 03/12/2011
Child support is available to any primary custody (51% or more of custodial time) parent regardless of any state you live in.
09:09 AM on 03/12/2011
Agreed -- and I doubt the little corporate striver you describe is going to suddenly go underground simply to avoid paying child support.

The fact that you only handle divorces when they come up within the highrise offices of your corporate clients makes it disengenuous at best for you to compare your clients with the overall percentages of who ends up where in this game. How many of the single mothers living in poverty were making middle-five figure salaries when they got pregnant?
06:49 PM on 03/13/2011
Ultimately, it is a woman's choice to get or be or remain pregnant. If she has not lined up her ducks then she must in the end bear the brunt of her decision. It's called consequences.
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Ed Baker
Militant Moderate
04:14 PM on 03/14/2011
That's why her piece lacks so much credibility.