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10 Ways to Improve Family Law Courts
The current model for governing family law courts is extremely outdated and archaic. It is governed by a 1950s chauvinistic view of marriage and kinship. Men are expected to be emotionless, robotic breadwinners, while women are supposed to be caretakers of the home and children. Women now work. The economy is in shambles, while even those not burdened with child support or alimony are forced to work two jobs to stay afloat. Below, I’ve proposed 10 ways to dramatically improve fairness in family law courts that more reflect our modern culture and the realities present in our economy.
1. Remove Presumptions: When a man and woman walk into a courtroom, the presumption is that the women are already the custodial parents deserving of child support. Courts should assume that both parents are equally shared in their rights. There should be a presumption of 50/50 shared custody with no warrant of child support payments.
2. Repeal of Title IV-D of the Social Security Act: This law states that the federal government will give $2 to the state government, for every $1 raised in child support payments. This creates an automatic incentive for courts to set high child support measures. Even the extra money allocated to states does not benefit children, it goes to “granite” funds. In these cases there is no basis for the state to receive profits. Create a conflict of interest.
3. Limit the Power of the Child Support Enforcement Agency: CSEA administrators should NOT act as judges. They should NOT be making and calculating child support orders. They have no authority to hear special circumstances, forgive debts, or deviate from normal guidelines. It’s costing taxpayers over $3 billion a year to staff and maintain these agencies that probably shouldn’t exist to begin with or should at least be severely downsized.
4. Provide equal representation: According to the constitution, in criminal law, defendants are entitled to representation even if they cannot afford a lawyer. In child support cases, the state is a profitable party that has vested interests. The applicant party is supported by the Child Support Enforcement Agency with incentives paid to the state through Title IV sec D payments. Although child support cases are technically considered “civil cases”, the repercussions and complexity of family law are very serious; not to mention a child involved. If the courts truly believe in the best interests of the child, they will seek to adequately 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 scared and alienated by the process. This is why I believe both parents should have court-appointed attorneys to give everyone the best deal. Happy parents = happy children.
5. Build Noncustodial Parenting: According to my research, parents who earn below the national median income ($42,000) a year, are considered “high risk” for going into arrears. Fathers or (PCNs) earning less than $42,000 annually should be given the option to complete work programs in lieu of penalties. If the courts can offer programs that will help the paying parent reach that $42,000-a-year benchmark, they will become “low risk” in the event of default.
6. Remove Crippling Sanctions: The courts can garnish on their salaries, seize their bank accounts, liquidate their properties, do whatever you want to recover their child support payments owed. However, do not suspend a person’s driving license or jail them. By doing both, you severely limit that person’s ability to earn an income. They get caught in a cycle of prison, racking up debt, and a destroyed resume. Nobody wants to hire someone who has a record. And if you live in a city with poor public transportation, commuting to work can become extremely taxing, thus limiting your job opportunities. Debtors’ prisons have been outlawed for a reason. Turning someone’s child into a source of someone’s imprisonment is a crime in itself. A married man who does not provide for his own child is left alone by the government, while an unmarried man is subject to discrimination. Find out why the parent is unable to keep up with the order and in the “best interest of the child” make it easier for the parent to be able to keep up with the order!
7. Allow both parents to give up: Women can legally kill their own children via abortion and, thanks to the “Safe Haven Laws”, can also leave their children at fire stations or police departments no questions asked. A woman who decides she is not emotionally or financially ready to be a mother has a choice of parentage. The men are told to suck it all up or face jail time. 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 dissolve his desire to be a parent just as a woman can. Many will argue that he will create more wellness addicted mothers, however, we have to consider many things. Can the federal government spend $1 trillion on unconstitutional wars in Iraq and Afghanistan, yet complain about social spending that absorbs less than 5% of the federal budget? Besides, who says the government has to hand out food stamps in the first place? If the federal government can afford to give states $2 for every $1 they raise in child support, then they can afford to feed and house the poor. The Federal Reserve has printed billions to bail out companies, why not bail out people?
8. Maximum amounts and expenses: It’s outrageous that a custodial parent could claim $10,000 a month just by getting pregnant FROM a rich person, maybe even get HIS house! With the magic of “no-fault divorce,” someone can literally get pregnant by a rich man, divorce him for no reason, and take half of his assets for the next 18 years. Limits must be developed based on the cost of living in the state so that divorces are not incentivized for those looking for a quick lottery ticket! In addition, the paying parent must have tools available to hold the custodial parent accountable for how her money is spent. Foster parents should be given traceable prepaid cards. Housing, food, daycare, school supplies, medical expenses, clothes,… these things would be acceptable expenses. However, if the custodial parent used the card to purchase alcohol, vacations, TV and other non-essential items, those charges would be disputed. This card system could create an argument that the custodial parent needs more and/or less money. Another option could be to use the money left over at the end of each month and have it automatically go into a trust fund for the child and/or be applied to arrears.
9. Set up 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 any help from the state. If there is to be a child support enforcement agency, there needs to be an agency or hotline for noncustodial parents to call if they are actively denied access. In many cases, fathers go years without being able to see their children due to expensive legal fees, bogus restraining orders, and cooperative mothers.
10. First Mediation – Second Court: Before a mother and father sees a judge, both parties should be required to participate in mediation first. Have a worker use the child support model as a starting point, then allow each parent to discuss and negotiate with each other and arrive at an acceptable plan. If the parents cannot communicate properly or the order is later found to be insufficient, then the judge can step in and give his own calculated orders. My point is to give parents one last chance to sort things out without government intrusion!
These are just a few ideas I have. This idea that we need to punish and throw people in jail only works on those rare individuals who CAN afford child support but choose to hide their assets or use deception. 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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