December 15

Income Based Child Support – Defacto Alimony

Buffalo Bills - Alimony Ale

The more I think about this, the more it is true. Any form of child support that is based on someone’s income is defacto alimony. Alimony is based on the principle that a man’s ex-wife deserves to be supported near the same level she was in the marriage. That she has become accustomed to the lifestyle, and thus deserves it. This is one of those ideas that drives me nuts. Its not a right she had in the marriage. Its a principle that encourages divorce if the man is losing his income earning potential. If his income is dropping, then so will her lifestyle, but if she divorces him before or at least early in the fall, then she can get herself a guarantee of the lifestyle they have, even if he falls to a point where that is unsustainable. Sounds ridiculous, but it is how things work, or worked. Since most states have limited alimony now instead of lifetime alimony.

Anytime a there is a new right gained through divorce that didn’t exist in marriage, there are going to be issues. The principle of alimony is based on rights that don’t actually exist in marriage. She is a guaranteed beneficiary of his income through divorce and alimony, even though in marriage she was not guaranteed this, but naturally received something similar. As the wife of this man, his income naturally benefited her as it did him. Other than the fact that alimony indentures or enslaves a man to his ex-wife, the further problem is it only looks at income to determine what is the correct amount. If we were to ignore the first problem, and its hard to ignore, then it would be more reasonable to determine what was spent on the lifestyle, and then determine the amount that should be paid for alimony. Most high income earners don’t spend anywhere near the totality of their income for their lifestyle. Alimony was a treat for the rich in divorce that has been extended to the rest of the population. When the rich paid alimony, they often had the resources to continue living their lifestyle as they always had, at least when they only had one ex-wife. The middle class on the other hand are struggling to save a little and maintain their lifestyle. There simply isn’t enough income for both parties to live a similar lifestyle as before. This has taken time, but it has made alimony look like a bad deal.

Now all the same arguments about lifestyle have been applied to the child support calculators. The children suddenly have a right to a lifestyle. Most children are granted primary residency with the mother, so the father has to pay child support to her. There is a practical aspect that says that one parent needs to pay for all the needs of the child. Its too difficult to manage otherwise. I am not a big fan of the law being practical, because whenever it is people’s rights are stomped on. This is no different. Children have been given the right to a lifestyle that the parents provided. This benefits the parent, usually the mother, that has the primary residency of the children. She gets the money to spend as she wishes. If she isn’t taking care of the kids basic needs is the only way that how she spends this money gets scrutinized. Effectively alimony has been rolled into child support. Giving the children a right to lifestyle and building it into child support does this.

Since half the population stands to gain from this system, its hard to fight against it. Fathers have been made into indentured servants for their children. They are forced to work at certain level to maintain their children’s lifestyles. Both alimony and child support have many means to freeze the current state as they see fit. You must go back to court and get approval to lower the amounts. The court is under no obligation to lower the amounts, even in cases where the payer has lost income earning potential, but they are obligated to further raise child support if the earning of the payer increase. The payer will not be allowed to go to school to better their ability to earn if it means earning less. Many men become trapped in jobs that have no upward mobility, because they would have to change jobs and accept a lower salary for the time being to regain headroom in their ability to earn again, and they cannot afford the support payments and earn less.

I hear the arguments for this type of child support and the means for enforcing it. Many come down to the idea of why should the children suffer because the father has made bad career choices. the constant drone of he is obligated to pay for his children. The seemingly irrefutable argument that children cost way more than the child support that any man pays, and that the mother is shouldering the majority of the burden. The first idea is flawed. If the parent suffers financially, it is natural the children will suffer as well. When married parents have financial difficulties, the children feel them directly. A false dichotomy has been created when the parents aren’t married, where the only parent’s financial problems felt by the children is the residential parent. The second argument seems to assume that the only way a father can pay for his children’s needs is through child support. I have argued before that most of these problems are already solved with criminal neglect laws. If the father is not supporting his children, and they are neglected, then prosecute him. Most fathers will spend what is necessary to care for their children without ever having to see a court room. The third argument really depends on the financial status of the parents. Most middle class and above situations don’t fall in this category. The father’s child support pays for 100% of the kids expenses, including the extras-curricular and luxuries. There is enough left over for the mother to better her lifestyle as well. In most cases the mother is not required to expend any of her resources to care for the children. This includes the costs of a larger home and vehicle to use for the children.

The natural way of economics in familial structures is very different than what the family court imposes on people on a regular basis. Children and others benefit from the income of those they live with. No one has any obligation to care for those who don’t live with them. Children really aren’t much different. So long as the children are properly cared for, it should not be the business of the court how this happens. Shared parenting would allow the children to benefit from both parents and their abilities. The system now allows the children to benefit from both parents, but they never see the reality of this. They see one parent providing, while the other parent does not. Often the parent they see provide for them isn’t shouldering the burden, because they have taken the resources from the other parent to do so. It would be natural for the children to have to pull out of sports or other activities during a financial crisis, and for most families a divorce constitutes a financial crisis. The family would eliminate unnecessary expenditures to free up the money to pay for the crisis. With support, the residential parent is allowed to do this. They can even use the support to do so. The payer is often left with so little discretionary income left that they are unable to dig out of the crisis until such time that they are no longer obligated to pay support.

I have seen this play out in my life. It hurts to see her be able to eliminate the debt in her life, while I am called by creditors. She has a newer car, and can afford to repair it on a regular basis. She can provide the things I would want to provide for my children. I am left with debt that I won’t be able to pay off for years to come. I have to shop for gifts that I hope they see the meaning in, because they are of little real value. I am not able to provide the luxuries that I would like, while they have them at their mothers. Many would tell me to be happy that my children have these things, but when their mother is able to gain credibility in their lives through these things, and I cannot provide the things I would choose. My income is used to provide things for them that I may not choose to do so. Simple things like TVs in their rooms. I would not approve of, but they have them at their mothers, and my income paid for it. i Phones; I would never purchase these for my children, but they have them using my income. These are just a couple of things that I have lost say in, but am required through support to pay for. My children benefit from my income while I do not.

The only thing that most women lose by leaving the fathers of their children is access to the man and his skills. The man is often shamed for not providing these things. If there are boy children, they often take advantage of them for these things. The man loses so much more. He loses his income, significant time with his children, his authority in his children’s life, and his ability to be seen providing for his children. The children only see their mother providing, even though the resources she uses came from their father. The cost of divorce lies squarely on a father’s shoulders, and all too often they aren’t the ones who initiated the divorce. Many like to say the cost is bore by the children, but that is only true because of the losses that happen to the father, or in rare case the mother. The children would be much better off if the parents were told to figure things out, and take care of your kids together. Let nature takes its course with the parents, and there will be less animosity and fighting. We need to stop using the worst examples to set how we are going to handle the average cases for everyone.

Ten-Foured,

JeD

November 6

Co-Parenting?

Rome visit, June 2008 - 57

There is a lot of talk out there about co-parenting. For those who have not been through the courts recently, co-parenting is the new term for working together as parents living in separate households. You have to take some type of court ordered co-parenting class when you divorce with kids now in most jurisdictions. The Federal government has encouraged this through legislation and incentives. The classes are a few hours long if they are provided through the county or court services. Some courts allow you to find a qualifying program on your own, and some require you to do it as more of a joint counseling session. This is really a part of the child centered divorce movement. Something that I have talked about in the past. Something I think at best is a bad way to raise kids, and at worst is a manipulative idea to sugar coat making choices that benefit others appear to be for the children.

The idea of co-parenting is sound. The problem is we are dealing with people, and people aren’t always logical or fair. To further exacerbate the issue, we are dealing with people who are naturally in the middle of a conflict or more likely multiple conflicts. Sometimes the core conflict is raising the children. If this is the case, then co-parenting is not going to be a reality. The best these couples can hope for in the future is some form of parallel parenting. If divorce is founded in a power struggle of any kind, it is going to create a power struggle in all aspects of the relationship, at least in the short term following the break up, but it could be a long term proposition regarding the children. If the divorce is founded on the basis of growing apart, we are dealing with a couple where one or both are feeling like the other person did not hold up their part of the deal. There will be some animosity from one or both people, and that will lead to conflict. The most likely place for conflict to play out is regarding the children, because in the end the assets will be divided and you will have yours and they will have theirs, but the kids are still shared. Immediately after separation there are some key points of conflict. The income that each have coming in. This is intensified if one parent doesn’t have any income of their own. Each person feels like they should have the fruit of their labor, and when one person’s labor was for the benefit of the household without pay, they tend to feel entitled to as much of the other person’s income as their own. Physical assets and cash become the next issue. These are things that the parties can put their fingers on and feel. They want as much of that as possible, especially since up until a short while ago, they were all at their disposal. Cars, homes, jewelry, cash, and just stuff become the prize. Savings, investments, and debts come into play next. These things are usually handled the same by the court all the time. They are the easiest thing for the court to figure out. Neither party wants any debt, and both want the assets and savings, but these will be split quite easily by the court. I have made recommendations on handling all these things in other posts. I will beat that drum again fairly soon. The last thing both parties have to fight over is the children, and they can fight over this until the children are grown adults, and then outside of court until the day one of them dies.

In theory co-parents will work to be on the same page in decisions, and provide the kids with a united front in the same way that parents do when they are together in the same household. A major problem with this idea is its based on a view of the family unit from the outside looking in. When parents are together, the united front is often only a public view of how things work. Everyone presents a similar face to the world, but what happens in the home is often very different from household to household. Some separated parents can provide the same face, but more often than not the rational of making your family look good to the outside world is outweighed by the desire to make the other parent look worse than you. Sometimes one parent wants to make the other look bad, but in all cases each parent wants the world to believe they are the better parent. In the real world parents aren’t always on the same page in intact homes. They usually have a line that they require the other parent to be respected by the children. They agree on most major decisions or have a way to mitigate them. One parent will allow the kids to cuss a little, and the other might let them have sodas at restaurants. Usually the parent who feels the strongest on something rules that thing when they are together. This doesn’t have to change when parents are not in the same household, but it usually does. I blame the courts for this. Undermining one parent gives extreme advantage to the other parent in court, and comes with the potential of cash flow. The courts are built to handle conflicts. More than that, the courts are built to be adversarial. The people who we hire to handle these affairs have trained to be in these courts. The entire system is set up to increase conflict, and though the system preaches to the parents that they need to get along and figure out this parenting thing together, they encourage conflict in their very nature. The fact that there is an opportunity to get some advantage over the other person is the problem. The odds that both people are completely reasonable during the initial breakup and divorce process are fairly small. The odds that one person is so apathetic as to not care is also fairly small, so we throw these people into a system where they can ask the court to decide. Their actions are justified because the court as an authority has decided it as so.

Reality is most couples could figure this out on their own. Most have done it before seeking out lawyers. They have working plans and share responsibilities with the kids in a way that both are satisfied, or at least content. Neither parent has lost anything through the court process, so they can bend to make things better for the kids. This is the only time in any divorce that the kids are actually being looked after. During this time, parents will often work out whether and how to celebrate events together or not. Before lawyers and judges are involved, I have observed that most couples do just fine taking care of the kids needs, and continuing to raise them together. So much of the legal process is based on Federal Welfare benefits, and the government not being saddled with the bills for these children. This isn’t the economic reality for most families in the West. Most families can separate in a way that both parties can move on without going to the government for handouts. For a year and a half all my kids bills were paid by me, and I was able to live my life without struggling. My ex was able to take care of her bills, and though she struggled, she decided to keep her job with the school system, even though she could double her money as a skilled nurse. This decision was fine with me. It had little bearing on me. My kids had all they needed, and were able to stay in their activities. She was free to do what she pleased to take care of herself. The court doesn’t care about the example already set forth in this year and a half. Custody laws provide that someone should have to pay child support, and so once the lawyers were involved, hers sought to increase the amount to the maximum amount possible. The end result is I struggle a lot to make ends meet now, I owe lawyers 5 figures, she pays for all the kids things, and somehow doesn’t have money to make ends meet on a regular basis.

Co-parenting is a misnomer. In some ways its like snipe hunting. Its something that each family figures out over the course of time if left on their own. While the courts interject themselves and so often rob one parent of their rights in the name of the children, there is no real hope of co-parenting. A successful co-parenting relationship makes it hard for their to be a winner. The system really doesn’t care about the children, not in any way that matters. It is really only concerned with the money. They are less likely to be overruled if one parent is made out to be sub-standard, and the other one the gold standard. The court has to choose what aspects of parenting are most important. Right now those things are the things that mothers do. I don’t know if that is a result of deciding that mothers should raise kids or mothers raising kids has caused the bias, but there is a bias, and the court uses it to decide which parent to punish and reward everyday.

The biggest lie I here is that the real losers in divorce are the children. So long as the courts continue to pick sides in divorces that there is no reason to do so, the real losers are the kids and the dads. Dads lose so much time that they rarely get the big moments that naturally occur in their kids lives. If they do, its dumb luck or through a video the mom chose to send him. The kids lose the strong comforting presence that a father provides. I see this in my home. How much the two kids who live here all the time crave that, and how threatened they are by my kids coming over. I shouldn’t have to wait for her to screw up, and then go after her for the kids. The ongoing nature of custody cases makes it almost impossible to to develop a healthy relationship unless one parent quits. Too often fathers do give up, and the do so for the sake of their kids, and maybe for their own sanity. If I have any hope of finding solid financial ground anytime soon, I have to give up. There comes a point where I have been told that I am no longer the protector of my kids. I have been usurped by the government in that role. If it were another man, I would be able to challenge him, but I can’t beat the government. They have the power to take more and more away from me. I hope the years that I was there everyday, and the time we have now is enough to be a fixture in their lives as adults. I don’t know, and won’t until that day comes. Co-parenting is the big lie that I have to deal with. I am told to co-parent with her, but since she has the time and the resources, she gets to make the decisions. I might be able to get the court to call her a bad girl later on, but the decision is already made.

Ten-Foured,

JeD

October 20

Rights And Divorce

Nomad children in Changtang, Ladakh

This post was somewhat inspired by this post over at A Voice For Men. Mostly the phrase used, which is one I remember from my government class in college, “Your rights end where my nose begins.” The AVM post calls this a universal truth, but its not. It is the most basic concept of the US Constitution. If you read through the founding documents of the USA, you will find that the overriding theme is that no person’s rights supersedes anyone else’s rights. We fought a war over this discrepancy, and amended the Constitution to guarantee these rights to everyone. This is no small thing. I do not know of another case in the world where two factions in the same country fought over another group of people, and it was not for the purpose of deciding who controls this third group, but one fought to retain control, while the other fought to free them. Usually wars for freedom are started by the those who are oppressed, and they may or may not gain the support of others in the population. In my mind the USA’s largest character flaw as a nation was complimented by its unique characteristic of seeking freedom for everyone. This is what has made the USA the greatest nation in the world in almost every way measured over the last century or more. This is not really a for the sake of argument. I know that there is some national pride buried in those comments, and I do not intend to suggest that other nations don’t have things to be very proud of, but is undeniable that the USA has had the greatest impact on the world over the last century, and in most cases it has done so with this same character, even when the results have not been what everyone has desired. I will reserve judgement on the last couple of decades, history will be written by our children, but I doubt that history will show an USA that has the same character that has made it great. As I say this, I do so believing that how we treat our own citizens is probably directly reflected in our policies in the world, and how we treat our own citizens is where we get to the topic of my post.

American Life

Most people move through life oblivious to the rights they have, because no one has ever truly interfered with their rights. Those who are victims of crime, know all too well that the rights we cherish rely very much on the respect of others to maintain. Our rights are not enforceable when someone bigger and stronger wants their way, unless there are enough other people who value your rights present to make sure your rights aren’t impugned. This is something most of us just don’t think about, nor do we want to think about it. The reality of this is scary, because there are always people bigger and stronger than us. Even if you are the biggest, strongest, baddest mother fucker around, it only takes a couple people deciding to challenge you together to turn the tables. I think this is why the great American action stars are so compelling. We see in them, the hope that we can fight for ourselves and others. Most people don’t know or understand what their rights really are, and I am not talking about the government granted rights, but the Constitutionally guaranteed rights. Everyone needs to go back and read the Constitution and its Amendments about once a year. I have put some links below for people to check out. They all have unedited versions of the Constitution to read, and some have commentaries. I did not select them for the commentaries, so read them if you like, and make your own judgments.

We live in a society that has unprecedented freedoms. Almost nowhere else in the world can people move as freely as we do. Not only do we have the freedom to do so, but we have the means to do so. We can get in our car and go thousands of miles and have no contact with anyone from the government. We can change jobs, or quit jobs as we see fit. Our homes are ours, and the government has large obstacles to prevent them from intruding our homes. We can make and break contracts without government involvement. This is all a matter of course, and we do it everyday. The government isn’t involved until someone’s rights are not being recognized. Under normal circumstances, we cannot sign away our Constitutionally guaranteed rights. Those portions of contracts are automatically voided. This is a side effect of the thirteenth amendment. It prohibits indentured servitude, so signing away your rights puts you into a position that when evaluated is equivocated to indentured servitude. These are protections we don’t think about, but are there when we need them. The most heinous Federal crime you can commit is not murder but to take away someone’s civil rights.

In everyday life in the USA, there are no classes. No one is given preference, officially, by the government by their birth right. We have social and economic classes created by the individual’s circumstances. These do not translate to different rights. There can be an argument made that these people have power from their position that effectively gives them preference, and that is true and unavoidable to some degree. The key is that it is not codified into the law that there are people who will receive special treatment by the government.

Divorce Creates Classes

This post isn’t so much about the law as it is about the realities of what happens in divorce. I have posted before about how one parent becomes second class during divorce with children. They lose many rights, or maybe more aptly put, their rights are superseded by those of a higher class. The more I think about things, I truly believe that there are 3 classes created in divorce as things go right now. There are the children in the first class, and then the custodial parent in the second class, and the non-custodial parent in the third class. Children are not given any responsibilities in the process, and their words and feelings are cherished beyond that of anyone else. The custodial parent is granted great freedom to care for the children. They are generally given the benefit of the doubt in parenting decisions, and allowed to ignore the rights of the non-custodial parent. They don’t have a right to the non-custodial parents income, but as the custodian of the children they are granted full access and control of a portion of the custodial parents income. I say they are second class, because their status as the custodian of the children grants them these rights. The non-custodial parent has few rights, and not just with the children. They live under constant threat of severe penalties if the court decides they are not paying their share. There is no guarantee that their time with the children will not be interfered with, and it takes too long through the courts to enforce your rights to participate in decision making. The court is likely to review decisions made, and not give one shit about whether you were within your rights to veto a decision, but instead measure the decision to decide if it were in conflict with the principle of “The Best Interest of the Child.” If it is not in conflict with this principle, then you will not receive any relief from the court for your rights being ignored. Generally the custodial parent will not change once it is decided by the court, so the custodial parent feels confident in their ability to make any decisions that they want. The court can change things if their is a material change in circumstance, and this is something that is not clearly defined, so the court gets to decide when they will hear arguments. Once they hear arguments, they can change their mind. If the custodial parent changes, then the second class becomes the third and the third becomes the second. Instantly one parent will be granted all the rights of the first class, and the other parent will be reduced to a wallet for the children to draw out of for their “needs.”

First Class: The Best Interest of the Children

Children are granted new rights when divorce comes. These aren’t necessarily things that they will recognize themselves, because one parent is the custodian of the rights. If there is any dispute with the parents over the kids, then they are given a voice. There are professionals/experts that the court employs to speak for the children or rather their best interest. Their voice is filtered by these people, so the real power that the children receive is granted to this third party. This doesn’t mean they aren’t heard, but it means that what they say is filtered, and the parents have little room to question these things. The truth doesn’t matter. The “Best Interest of the Children” is really the first class, not the children. You might say in the end, the children represent the concept, but they are actually the fourth class, because in the end they don’t matter to the process as people. The “Best Interest of the Children” on the other hand is the states stake in the decision. The state uses this to decide who gets the power on their behalf, and can change their mind when it suits them. Because it is this philosophical concept represented by a third party, it can be initiated without either parent asking for it. Once the third party is involved, they are involved until the children are grown. This means that every parenting decision is possibly in question. All it takes if for one of the children or the other parent to make them aware of the decision, and they feel obliged to weigh in. The primary thing in play is child support. This is based on the legal principle that the children have a right to a portion of the parents income. This is a right that I find nowhere outside of family law. The children gain this right when the parents aren’t married. Its really just a legal bait and switch to justify the confiscating of one person’s income for the benefit of another person. This is very different than taxes that are to benefit the community.

Second Class: Custodial Parent

This is the one that gets the rewards. The gain the right to control a chunk of the other parents income. They are given the benefit of the doubt in all child rearing decisions. They are allowed to alter schedules without consulting the other parent, and the worst that will happen is the court will tell them to not do that anymore. The custodial parent has very few consequences for not living up to their part of the bargain. The court doesn’t really want to hear the arguments between the parents, so they have a tendency to just give the custodial parent broad sweeping authority over the kids for expediency’s sake. Sadly the court stepped in to begin with and took away parental rights from one parent, and then they don’t want to deal with the consequences. It would be nice if parental rights weren’t stepped on for the sake of practicality. What is worse is these decisions are made by the court while the parents are at their worst. They generally haven’t had a chance to get their feet under them, and the end result is the animosity between the parents is prolonged, and rarely has a chance to heal. It is only natural that if one parent has all the financial resources available and the majority of the time with the children that they will make most of the decisions regarding the children. Its not right. The Supreme Court of the United States has upheld that being married or not has no effect on your parental rights, so who are these family courts to decide to how to divvy up the parental rights for expediency. Who are they to decide that one parent has lost their protections, their civil rights.

Third Class: Non-Custodial Parent

This class has very few enforceable rights. The rights haven’t been removed in so many words, but in practicality. If there has been a court appointed representative for “The Best Interest of the Children,” you will be questioned in every decision. If the other parent wants to question your decisions, then surely a court appointed representative will be appointed. Even though the terms have changed to parenting time, the reality has not changed. The children have one parent and home, and they visit the other parent. In some cases a grandparent or uncle may have more contact with the children than the non-custodial parent. It is fair for all involved to shame this class, because they must have done something wrong. People who have not been through the system seem to think this is logical, and half the people who have been through the system profit from such thinking. This leaves somewhat less than a quarter of the adults out there who want to correct this opinion. That is a pretty small bunch to change things, and they tend to be a bunch who are being bounced around like a pinball trying to have a significant role in their children’s lives. There is a lot going against this class. They are similar to other government created lower classes. They have some control over their lives, but not control over their resources. The only hope for those in this class is that something happens, and the pendulum swings in their direction and they get to swap places with the custodial parent, then they will have the illusion of freedom again. The state has imposed itself on their family, and they know that even though the ability to make decisions for their family may be theirs if they become the custodial parent, the state or court has taken over their family and has the authority to make whatever decision they think is best. Courts won’t hear disputes between married parents. They throw them out simply because they are married. Having children and not being married is potentially handing 18+ years to the state to decide for you. Most non-custodial parents lives are paused. They can’t afford to do the things they dreamed about. They have to be ready to respond to what the custodial parent decides. They learn to cherish the time they spend babysitting their own children, unless the custodial parent has turned the kids against them. The only hope they have is that when the children are grown, they are returned to the full status of citizen of the USA.

Fourth Class: The Children

The children have no real say. The court appointed experts choose what the court hears about the children. Neither parent has a right to add to the court record for the children. The principle seems fair, except this third party in the end represents the state. They are there to ensure that the state does not incur costs due to this case. The children’s opinions may be heard, but they don’t become a part of the case, unless the expert decides to add it to the case. The children never had many rights to begin with. Until you are a full citizen of the USA, you don’t have many rights. The children inherit their rights from their parents. If the parents are married, they benefit from both parents income and affection. The parents share the duties as they see fit, and the children receive what the parents decide is right. The richest parents in the world may choose to force the kids to earn everything, because they believe that this will make them stronger adults. If both parents don’t agree, then there is some form of negotiation involved between the parents. Sometimes it is as simple as one parent makes them work for things, and the other gives them things. It just plays out in the politics of the parents bedroom. The kids belong at the bottom of the classes, but this system has turned what little rights they had into a legal principle that is divorced from the real children involved. Children should be granted the right to shelter, food, education, and medical care. These should be the parents responsibility to provide. The children do not have a right to luxuries that the parents are able to provide. This is where the legal concepts that are applied are dead wrong. They children have no rights to the parents lifestyle. They are simply beneficiaries of that lifestyle to the level that the parents want to provide it. This principle doesn’t break down when parents aren’t married. The legal principle is used to extract money from one parent and give it to the other, but the other parent still has the freedom to determine just how much of this wealth will benefit the children. What the children lose in this case is the right to see both parents care for them and provide for them. the system has become so expedient as that the non-custodial parent providing through the parent is good enough. To lawyers this makes sense, but the children often walk away believing that only one parent buys them things, and provides for them. The other parent doesn’t do anything for them. This creates animosity that the child does not deserve to feel. The child is a victim of the system. Some say the child is the biggest victim, but I believe that the non-custodial parent is. The children lose few civil rights, but the non-custodial parent loses the right to the fruits of their own labor, and if they are unable to earn they are at the mercy of the court as to whether they will be held to account for the same amount every month. The children are made to pay by the animosity that is created in this winner takes all system. The court nearly guarantees that if one parent wants it all, then the children are robbed of the possibility of the parents having an acrimonious relationship.

How Do We Fix It

I think the court wants concrete fixes. They want things to be perfect. The current system gives them illusion of fixing something. Civil rights have been abandoned through the civil courts, and due process has been satisfied. On the surface at least. A court of law is required to take away someone’s civil rights, and the family court is is not a court of law. In most states it is defined as a court of equity. It is their job to satisfy issues that aren’t legal in nature, and to apply the law as best they can. Issues of property when in dispute. The only fix, and no its not perfect for everyone, but its fair. To protect the rights of both parents and the inferred rights of the children the time with the parents should be presumed 50/50 in all cases where the children are not at a real risk. Perception is not reality. We live in a country where a crime has to occur before we are punished, so if there is not a real risk based on facts to limit contact with a parent, then it shouldn’t happen. Time and money need to be separated. Required expenses for the children need to be split 50/50. There is no excuse for doing it any other way. The parents aren’t married, so their ability to pay should have no weight on who pays. Any other expenses are up to the parents to figure out. If the parents can’t agree to a schedule or one parent refuses to agree or abide to a schedule then the court should impose a standard schedule that gives each parent equal time with the children. Without money on the table, I don’t think for most parents, at least in the long haul, this will be an issue. The parents are free to agree to a schedule that is unequally split. The parent who has the kids more time is fully responsible for the extra expenses that this time creates. The children are the most valuable item. The court should stop presuming that parents can’t share custody if they don’t get along. Both care for the children, and if there weren’t a winner take all system in place, then they will figure out how to care for the children. If the children aren’t being cared for adequately, not to be confused with to parents abilities, then criminal proceedings should pursued, and if one parent is deemed the cause of that, then those parents can be tossed back into the old ideas that are essentially based on the idea of one parent abandoning the children to the other parent. Neither parents should ever have court orders forcing them to make payments to the other parent, simply for being a parent. If there are no real expenses that a parent has failed to pay for, then there should be no order to pay. The courts need to stop being practical and start dealing with the real world. Child support and primary custodianship create bastards, a thing that was reviled not that long ago, because the children often grew up with problems. Now it is the norm, and our children have the same problems.

The Constitution

Ten-Foured,

JeD

October 9

Economic Realities Of Divorce With Children

they're 35 years old, thrice divorced, and living in a tarp down by the river

The economic realities of divorce are talked about all over the web. The problem I always encounter when reading them, is they don’t apply to everyone. A big number of the people that are profiled or talked about fall in lower income brackets. These are people who are going to struggle either way. Both parents end up struggling under these circumstances. They would struggle together or apart. When they are apart, it very difficult for both parents. Many don’t have jobs that have paid leave, so a sick kid is lost money. This is why so many “single” mothers feel justified regardless of how the father is getting by. They are barely making it on their own, and need every penny they get. No doubt in their minds, it is all the man’s fault. I don’t agree with this stance. I understand that the obstacles of low income people are sometimes insurmountable. If we cared, we would remove the burden of child support from men who don’t live above the poverty level. We would pick up the slack. Rather than spending all the money trying to track down these guys and collect, we should just spend that money for the kids. I generally don’t believe in government funded charity, but if I have to choose between a direct wealth transfer between two poor people for 18 years, and spending tax money, I will choose the tax money. Increasing the animosity between the couple and making it hard for the father to act as a father is not best for the kids. Our society would be better off if low income families had fathers that were able to be engaged.

Now that we have cleared a path through the low income families that are at the center of this discussion, especially in polite company. Now we are putting men who make good livings, and want to be involved in their kids’ lives. The system favors having the mother have the children, because it maximizes child support. As discussed before, child support is a profit center for the states, or at least a major contributor to government jobs, and people’s reliance on the state. Men generally take on the financial burden when the marriage is ending. They feel responsible for making sure the family makes it through this thing that threatens everything that is safe for those he loves. Most divorces are instigated by the wife, so its natural that the husband still feels protective of her. During this time, she is able to live off of his generosity and figure out how to take what she can. There is no excuse for child support from a father who is active in his kids life. He will support them. Instead we see the states inferring the rights of lifestyle based on the parents income to the kids. My kids have a better lifestyle than I do, and they will until such a time that I am no longer forced to fund it through their mother. You see as you move up the economic spectrum that fathers are being left in dire financial circumstances, and the mothers are living pretty much the same lifestyle they had before. I see “single” mothers who live in the homes they lived in before the divorce, while the fathers are barely scraping by in apartments that are hardly large enough to share with their kids. The lifestyle that he once had is forever gone to him, or at least until such time that the kids are grown. This may not be true after you reach a certain level of wealth, but even the Robin Williams with all of his success was stretched beyond what he could bare, and was spending more money supporting ex-wives than he was supporting himself.

In most areas of law, you cannot have a ruling that causes something to happen, and then use that something to get another ruling that you want. This is akin to sending a soldier out to war, and then charging him with murder for the actions that were demanded of him. In family court every rulings effects can be used to change something else. Take time away from a parent, and then you can raise their child support. That is an indirect result of the previous ruling. The court is preventing you from doing something, and then punishes you for not doing it. Everything is intertwined. This gives attorneys and the courts great leeway in how to handle case. You will hear it said that this is necessary, because each case is unique, but the truth is the matters that should be before the court are that unique. There could be, and I would argue should be standards that are applied universally to these cases. As things go right now, the court will use tools that aren’t normally allowed in court, because children are involved. Everything is obscured through these professionals.

Now back on track. Divorce means that the money that a family had now has to support two households. The family court has decided that it needs allow one house to have most of that money, and the other needs to earn most of the money. The principle is based on the idea that the money earned by both parties is the families, even though there is not a family in the same way that there was. You are both parents of the same kids, and those kids are active in both parents families, but the divorce says that the parents are not family anymore. The money is not the family’s money anymore. The money is each parents own, or it should be. The fantasy that there is still a family unit is what drives this. This fantasy makes the long term damage of one party for the benefit of the other justified. There is no driver for the mother to seek out ways to make more money. It is simpler to target the man for more and more money. Since the money follows the kids, everyone looking in sees that the kids are okay, and no one pays attention to the man, who is struggling everyday now. The man who has to choose whether he takes a vacation alone or none at all. A man who makes enough to take his family to Disney Land, but has to wait and here how Disney Land was with their mother, because the money he would spend on that vacation was sent to her.

The part that is hardest for me to fathom is that men accept this, and even embrace this. They have bought the idea that this is being a good dad. That taking care of the mother is noble. What they don’t see is that they are taking care of person who constantly undercuts them, and makes them with their children. These men are looking at themselves with pride for paying their support, while the mother of their children is reminding the kids of all the things he doesn’t buy for them. These men wonder why as their kids get older and older that they are losing touch with their kids, and some never regain that connection. The system as it is now makes martyrs of the mothers, and villains of the fathers. The fathers are living well below their abilities to support a woman who wants nothing to do with them. The system of present gives the mother the benefits of being married without the responsibilities, and gives the father the responsibilities without the benefits.

I know I am still scatter brained. Heading to court next week, and my brain is swimming with too many ideas.

Ten-Foured,

JeD

October 7

Why Child Support Is Mandatory

keith's child support

To most of us today, child support is a matter of course. If you aren’t married to the mother of your children, then you pay child support. This wasn’t always the case though. Normal, hard working men took care of their children regardless of the status they held with the mother of their children. As a matter of fact, the legal definition of marriage is a fairly recent thing. Marriage law was governed under common law. Now that is a rarity as well. So why is it automatic that men pay women child support? How did this become the norm?

If you go back in time to the 60s and the 70s in the US, you will find that there was a lot of political activism surrounding the sexual revolution. You started to hear about dead beat dads. A thing that largely wasn’t a problem until promiscuity was the norm for young women. Dead beat dads are a consequence of loose women. Maybe not wholly, but the epidemic that led to the outrage is a result of this. There are a number of social and scientific factors that led to this, and birth control availability is one of them. People like to pretend that birth control always works, but it doesn’t. It certainly becomes an issue when there are mind altering drugs involved, and this era had a lot of that as well. As these girls became women with daunting task of raising kids alone without a father, the term deadbeat dad emerges.

These numbers grew over the next couple of decades. Court ordered child support starts to become more common as these mothers seek assistance in raising these kids. Most of the men paying child support never wanted the child. All they wanted was the sexual gratification. Whether knowingly or not, they had abandoned their children. Under common law in most states, this allowed the mother or community to seek financial support for the children. Mostly when the mother was living off some form of government assistance. Before this time, very few people had heard of child support, let alone known anyone that paid it. Now it was common enough that everyone knew at least a recipient or payer of child support. The majority of people weren’t concerned that they would ever have to pay child support themselves.

A fair chunk of these men not being fatherly minded resisted paying the support, and when they lived outside the jurisdictions of the courts ordering support, it was difficult to find ways to enforce collection. The Federal government was increasingly becoming the primary source of funding for the assistance programs, and so felt that had a stake in child support collections. They increased efforts to collect child support, and laws were passed to give the states more ways to collect child support from reluctant fathers. As more laws were passed by the Federal government, they saw that not all states and jurisdictions cared to collect child support. The decided it was not enough to give the states the tools, but they needed to give them incentives. They started to reward the states with some form of matching funds for every dollar of child support they collected. There were also incentives for having your collection rates at high percentages.

Whether it was an expected and desired side effect or unexpected, I don’t know, but the end result was that states saw that collecting child support could mean new revenue. If there were more support ordered in the courts, then they would collect more support and have more matching funds. They also saw that having more orders would also increase their collection percentages, because the vast majority of men wouldn’t dodge their responsibilities. As time went on the Federal government required that child support dispensaries be created and the income withholding order became the norm and even required in all Title IV cases. Financially the states started adding fees to the service. All in all the states make money through the dissolution of marriages and unwed parenting.

The states are now stakeholders in the breakup of families. Even though history clearly shows that the breakdown of the family unit is a leading indicator of the downfall of a society, the states are invested in the process. Financially it pays for them to do so. This is an artificial economic increase for them, because no new money is made. Now for those like me, who don’t really trust government to begin with there are other factors that also fed this process. One is statistically men are savers and women are spenders. Transferring money from men to women will generally mean that more money moves through the marketplace, and there are more taxes to collect. Women vote more than men, and there are more women than men potential voters. Women are more likely to vote for candidates that will make sure they are taken care of. It is certainly easier to hand out someone else’s money, than it is to do anything truly constructive for this country. The idea has been sold that because the children have a right to what each parent’s income can provide, then they must have a right to the income itself. Its a mixed up thought process, because all of us that have had kids in traditional marriage know, is kids have a right to the luxuries you are willing to provide. Only when you are a child support payer is that idea flipped. It doesn’t extend to the child support recipient. There is no requirement for them to spend any of the money on the kids, so long as the kids are generally taken care of.

Child support creates a second class of citizen. It also tends to keep money out of savings. Men are paying enough that they can’t save for themselves. The money they would save is being spent now on the kids, either in their own household or in the other parents. Men with one or two kids generally spend what they would have anyway on top of child support. Men with more kids are left with little to maintain themselves. If they want to have their kids any amount of time, then the costs of housing alone will make it difficult for them to save. This to states that want increased tax revenues is a good situation. The money continues to move, so they get more in terms of sales and income taxes. Its a short term view of economics. The states would be better off when each generation can save. They pass wealth on to the next generation, and each generation becomes richer. Government is freed from taking care of more and more of its population. In a freedom loving country like the US, this is a good thing. The poor are the hardest hit in these schemes. The problem is government always tends towards controlling the population. These systems keep men under control. They don’t have the finances to be distracted by what is going on in government, and are subject to such high penalties for non-payment that they don’t risk doing otherwise.

Ten-Foured,

JeD

October 6

Prepare For Your Divorce

Love, Commitment and Adulthood

From the start of your marriage, you should prepare for your divorce. This is truly the case when you plan on having kids. You need to protect your ability to live on and live well after divorce before you get married. This might sound a bit crazy, but its true. Its sad that the world has come to this, but it has. Men are not treated fairly in court, and so they need to limit their damages the best they can. Traditional marriage with children should be forgotten, because if that is the route you take, then you will be punished for it later.

Prenuptial agreements are worthless if there are children. The court and clever lawyers can eliminate most parts of this agreement in the “best interest of the child.” Understand that this principle applies to all decisions the court makes. From who gets the house to how property is divided. The only time a prenuptial agreement holds real weight is when she wants it to, and when there are no kids involved. The one value that they have is that it may set the tone for where you start negotiating. They won’t save you in court, but they might help you stay out of court and get a fair deal through mediation and negotiation.

You must be an equal partner in every way with the kids duties. Not just doing half the work or care for the kids, but half of each type of work. Make sure you have a flexible job, and slow down the promotions. They won’t do you any good anyway after divorce, because she will just get a bigger chunk. Try and have a job that pays around the same as the job she has, and yes she must have a job too. Take as much time as she does doing things with the kids alone. Discourage breast feeding. Yes it might be better for the kids, but it takes you out of the duties of feeding the kids when they are infants. It will be argued that this creates a bond that you can’t have. Take the kids to school half the time, and pick them up and do the homework with them at least half the time. Making breakfast and dinner anytime you can, and make sure you are doing it regularly half the time. Go clothes shopping and school shopping. Nothing that involves your kids should be done without your active involvement. You should probably only have one child as well. Child support in the future is far less with one child, and makes tearing the family apart less appealing.

Be alert to the possibility of divorce pending. A year or two off, stop looking for raises. Start taking more time off, and if you are hourly, then work fewer hours. Use this time with your kids. This lowers your pay while you are married, so you are held to a lower standard for any child support and maintenance. Understand that I am advocate of equal parenting time, and I believe that men and women should care for their kids. I don’t believe that court ordered child support is the correct mechanism to do this. Not only does lessening your hours set a lower bar for future earnings when calculating child support, but it also prepares you for the truth of what is to come. You can increase your hours to help with the economic burdens of divorce, and it not be used against you in most states. You will also need more time off to deal with things that used to be divided duties when you were together. Including tagging the cars and other mundane tasks you don’t think about when you are married, because usually one of you is more able to take care of that issue on any given day. If you are working to your best potential at the time of divorce you are likely to not only suffer from having to share your income with your ex, but also having less income coming in do to your new time constraints. Divorce courts don’t deal with the realities of the economics of divorce. They tend to go with a “greater good” philosophy in their decisions. These are masked in other terms, but generally men are more likely to get along without assistance after divorce, even when monies are taken from them. If they shift the kids to one parent in a legal context, and the other parent pays them, then it is likely that the greatest number of people in the case are going to be okay. The kids and mother are taken care of and the men are likely to get along, even if not so well.

You need to have a go bag. You should have all the things you need in a bag that you have access to, even if you don’t have access to your home. This should have the basis you need to survive. Clothes and money should be in the bag. Anything you use daily should be in the bag. It could be doubly helpful in other situations, but think that you might be out of your house for a few weeks and not have access to things you use everyday during that time. If she pulls the trigger and gets a restraining order, its going to take some time to sort things out. You should have enough immediate cash to allow for you to live during that time, including getting some shelter. Think hard about this and put the bag together. Having the cash is important. Make sure to include having enough cash to meet with a lawyer for some advice as well.

Start putting money aside early. Have a bank account that you stash a certain amount in every paycheck. This is handy when things are good for buying presents without snooping, but let it grow. This is your nest egg. It will get you started when you are looking for new housing, furniture, and all other things when you start over. This should not be a shared bank account. This is yours and only yours. The more you have, the better off you are when divorce is eminent. This can also give you the balls to lay down the law when you need to lay down the law in your relationship. This can be some alpha boost, and may help you in your relationship long term, and avoid the very thing you are preparing for. Insurance so to speak.

Have a family law attorney on retainer. As soon as you have the money to put an attorney on retainer, do so. Give them a mailing address that your spouse doesn’t have access to. You don’t need to have anything for them to do. Just find a good law firm, and put them on retainer. If things go south fast, you don’t have to worry about getting this money together or spending your safety net money for this. You just have to make a phone call and go in and meet with them. Given this advantage, you can go ahead and file for divorce and set the initial rules of engagement if her opening isn’t to file then tell you. This will keep you from being caught flat footed legally. This can be the difference between months of panic, and quickly resolving things in a favorable way.

These are all hindsight is 20/20 types of observations. I am sure there are more, but the point is that you should plan for the likely end of the relationship before it hits you. Once you have the law firm on retainer and money automatically going to an account as a safety net, you don’t have to think about these things again until you need them. They will comfort you rather than hinder you while you go forward and try to beat the odds. They may be the difference in you divorcing and not. It may be counter intuitive to you, but not fearing divorce may very well prevent it. It wouldn’t have for me, but I would be in better shape if I had these things in place. I wouldn’t have needed the go bag, but having the money and the attorney would have stopped me from making certain decisions I felt I had to in the heat of the moment.

Ten-Foured,

JeD

October 6

Cheaters: Kill Them All

Cheater

In my Facebook feed I see this slide show of cheating responses.. Some of them are very funny. By the end of the slide show, I am thinking to myself that there are very few that deal with women cheating. The premise is that its okay to figuratively burn a man at the stake for cheating, but what about the women. I know from experience that the message men get when their women cheat is to forgive them, and that it is just a sign that there is something wrong in the relationship. The man is told that her cheating is his fault, and that his cheating is her fault. I have commented on this before, but the glaring absence of harsh consequences for women in this slideshow I think makes a good point on our culture.

Check out this not really related, but entertaining video from Metallica’s Kill Them All album while reading the rest of this post.

Women are absolved from their bad behavior. Men are punished regardless of whether they are the ones that committed a real wrong or not. I know that my ex cheated on me, and I was never allowed to live it down. At that time, I struggled with what I could have done to prevent this. I bought into the Christian BS that told me that if I had been the “Biblical” husband that I was called to be, then this would never have happened. This kind of magical thinking hurts men in their relationships. Men should hold women to account for their actions. Their should be consequences for behaving badly, and though yes the desire to cheat might be a sign of issues in the relationship, it is is not license to actually break your wedding vows. That is a moral failure that our society treats as otherwise.

The slideshow shows a slice of reality when a man cheats. We see that their property is forfeit. Society thinks its okay for it to be destroyed or otherwise disposed of in the fits of rage the women have. Even the one man in the group who is cheated on targets the other man, not his wife. Its like she has no duplicity in the actions. He wasn’t wronged by his neighbor, but by his wife. That fact escapes him, and he has no problem destroying the man’s reputation in the community, but from the message it seems that he will be keeping the cheating wife.

Now understand that a man who does the things that are shown in this slideshow to a women or her things will go to jail. Some of the women might get a slap from a family court judge, but they will not see any jail cell for this destruction of personal property. A man would be hauled off in cuffs. Even with what is shown, the man is likely to get hauled off to protect the woman from his potential anger at her destroying his stuff. Women get a free pass to this bad behavior. We are told that the law does not allow us to seek our own justice in these cases, but here we are celebrating the punishment of bad, but not illegal behavior with what is often illegal behavior.

In my own marriage, I was subjected to overt cheating around 4 years in. I chose to stay with her, and that led to much of what this blog has been about. I to this day have not recovered from the emotional damage that relationship has done to me. I continue to be abused through the family courts, and as a man who earns just shy of 6 figures, I can’t pay my rent this month. More on that in another post. I was made to feel guilty for her cheating. I had pastors and therapists try to get me to evaluate my role in her cheating. As I look back at it, I have to ask how is it I didn’t even get to have an orgasm, but somehow I am at fault. Men need to stop accepting these arguments. Violating the marriage vows is an action that is not justified by any amount of satisfactions with the marriage. It isn’t acceptable for men to do it, nor should it be acceptable for women to do it. Fixing a marriage after such an act requires that the person who committed the act to regain the trust of the other person. There is no way to fix any of the other problems in marriage without regaining the trust. Men are often expected to not only skip this, but to accept near full responsibility for the problems that led her astray. When a man cheats, he is expected to deal with it, and often pay for it for the rest of the marriage. He is expected to regain her trust. He is expected to fix the problems in the marriage. Now I will admit that when there is cheating there are often other problems that lead to the vulnerability to cheating, but it doesn’t justify the cheating. When cheating has occurred and the trust is regained, then both partners need to work on the other issues. Its a fallacy to believe you can work on those problems before trust is regained, and in cases where trust cannot be regained, then the relationship is over.

I know many men that will attempt to rescue the marriage because of the kids. This is not a good idea. The motivation is wrong, and usually only one sided. I say this to both the men who have cheated and the men who have been cheated on. The women know that they are likely to gain control of the kids. They will play along to take their time figuring out their next move, and you will pay for it. If the kids are all you have to stay together for, then start the divorce now. I don’t say this because I don’t believe the kids are worth, but because society doesn’t tell her the kids are worth it. You see she will believe she is the better parent, and will have no problem taking the kids from you. The fact the court will play along with her will make her feel justified in her actions. Later when the kids are messed up without a good father in the house, she will be allowed to blame you for that failing to. Men need to understand that there is no winning, so limit your losses. Walk away and figure out the life you can build with the new constraints that will be on you. Don’t live for another decade like I did. All it does is make you feel like you wasted a decade of your life. I say this knowing that I would not have adopted my oldest 3 children, and would not have my daughter. All of which I love dearly, even my oldest that I can’t figure out how to engage anymore after what he did. I I had left my ex when she cheated on me, I would likely be a millionaire now in both my retirement and my savings. I would have the freedom to start my own company and live by my own rules. I am now forced to work for her benefit and comfort. I struggle to maintain the little I can afford. I earn about 40% more than the median family income is where I live, but have to budget my lifestyle based on someone who earns around 30% less than the median family income.

Its time for change in the results in these situations. Nothing will change if men continue to just suck it up and take it. I watch so many men who are stuck. Myself included. I never thought I would be counting down the time until my kids grow up, but I do. I have 7 years and just shy of 9 months left on this sentence. I used to look forward to every moment of raising my kids. Now I see every disappointment as I cannot provide for them directly. I can’t afford to take them out for ice cream. I can’t take them to a ball game or a festival. All things that I earn enough for them to do. My income affords them these things with their mother. Their experience with their mother is so much better than they get with me, because I have to pay for it. Fatherhood, the greatest gift god gave me, has become my prison.

Here is another slideshow that demonstrates how things differ for men and women. Divorce cakes that show violence against the men is acceptable. There are a couple that show the opposite, but I am still struck by what people find acceptable. This one might be a stretch, but I had the same reaction to it, so I share it.

Ten-Foured,

JeD

September 30

Uniformity Would Help

Skewed Uniformity

As I have engaged and researched the divorce and custody world from different angles, I see that so much of what happens varies from state to state, and even from county to county. As a more libertarian thinker, I find this generally a good thing in theory. The fact that those closest to the people make the rules. The practice is something altogether different. Every state has its own divorce and marriage laws. There are some key things that vary between localities that can make a world of difference.

First Federal Law plays a big role in this. To give the illusion of uniformity there are some standards set up by Federal Law. One is that marriage carries a reciprocal agreement between the states. Basically if two people are legally allowed to be married in one state and they move to another state where they are allowed to be legally married, then that marriage will be honored by the other state. On the surface the relationships are the same. The standards that each party are held to can vary widely from state to state. None of this matters much, unless you are in divorce court. You enter into a marriage in a state that has limits on property division and maintenance, and you can end up getting divorced in state that has no limits and often decides to inequitably divide property. You may live in a state that infidelity matters or doesn’t when you marry, and move to state that is the opposite. Understand that this changes the deal. How a contract is broken is a part of the contract, so moving states changes the contract, and for most people they are unaware of the change of terms. What is worse, is one partner can move to a state that is favorable to them, and after meeting the residency period in than state, they can file for divorce. A ruse of moving for work or or schools or other factors, and the other spouse is to follow can allow one partner to choose a more favorable location to break the marriage contact. Infidelity can have a large effect in some states, and no effect in others. This again changes the terms of the contract.

These same principles are applied to child custody. There is even more Federal ambiguity added to the mix. Federal Law requires states to have child support formulas and systems in place, and have enticed them to up collections through matching funds. The results are that states have figured out that this is a profit center. So much so that my state has instituted in the guidelines for child support that the parent who earns more should pay child support to the other parent, when they share custody 50/50. This is because the state will get more matching funds with the higher calculation. Moving states changes the terms that you will have the when having kids with someone, and in divorce you may not know the terms were changed by moving across the state line. This is a major issues for people who live near state borders, and a large part of our population does. Trade and population centers are often along the state borders. It allows for companies to take advantage of changes in laws in both states without having to turn over an entire workforce. Whether you have shared custody or limited time, and how much you pay in child support is the domain of the state that the the kids go into the courts care either from divorce or birth depending on whether the parents are married. It doesn’t matter what the state laws were where you were married, because they don’t have the jurisdiction.

I am not a fan of the courts being in the middle of all this. I am also not a fan of state sanctioned marriage, but under the tax laws, its is hard to not accept the government domain in relationships. For most of us, we can’t afford to not accept it. I believe that it would be easier to combat the problems with the system, if there were simply one system. Marriage and child custody legislation should be largely federalized. Marriage and divorce should look the same in Miami, Chicago, Springfield, and Sacramento. It shouldn’t matter where you live,the contract should be the same. The terms you are breaking the contract under should be the same, and the issues of child custody and support should be the same. This is an area where we are constantly dealing with the rights of people and the constitution gets stomped on. If the laws are already under Federal purview, then it is more likely to receive the scrutiny it deserves. By the courts, by the president, and by congress. Even more importantly, it would be a valuable topic for the press to cover. No longer do you have the crazy people up in Nebraska making some kooky law for a few people in the high plains, but you have a singular standard that will affect nearly half the population. Most of the problems of the current laws would be absorbed by the Federal government, but now the few activists who want to fix things in each state can fight a unified battle to fix the problems with the system.

I think that long term, there needs to be a simple child custody rights amendment added to the constitution. This amendment should define clearly what the child’s rights are from their parents. I think these rights are pretty simple. They deserve food and shelter. They deserve an education. The deserve to be treated humanely, and to be free from abuse. They deserve a relationship with both a father and a mother. I say this knowing that homosexual couples will adopt children. I think there needs to be a provision that there is someone who has the rights to act as a father for the child. We need to reboot our thinking and accept that kids need male and female influences in their life. These relationships are important. I am not really sure how that one plays out, but I do think it is important. Relationships are imperfect, so this last one might be hard. This amendment should also define a parents rights. The parents rights should include the right to spend significant time with their children. The right to make decisions in their child’s life regarding health, education, and religion. The child has the right to an education, but the parents have the right to choose the manner of that education. It should define who has the ability to settle disputes and how they will be settled. I don’t think a courtroom is the right place. I think that perhaps court is the place where they can come to agreement as to who will settle disputes. This should be a trusted clergy person, therapist, or other person who will develop a relationship with both the parents and the children. There should also be a means for the the parents to change who that person is, because that person should be someone who is trusted by both parents to assist in these disputes. I am sure that there would be far more details than I can think of this moment, but it would have a tremendous effect on the process that we follow now.

This amendment would create a culture where men and women would not have to get married to raise kids together. I think it would be common that parents would have a parenting plan that would guide them in their decision making and living arrangements. I could see parents choosing to live together as a couple or simply as parents in a contract to raise a family together and to share the expenses of raising the children. I think in the long term, it is likely that men and women will choose to raise a family together and have separate romantic relationships. This is something that might even change how homes are built. I could see homes with three spaces in our future. A family space that has the kitchen, dining, living, and children’s spaces. A mothers apartment and a fathers apartment. Each apartment would have private sleeping, bathing, and limited cooking spaces. There would also be a private living room for each parent. The parents would be free to run their apartment as they please. They would share decision making on the shared spaces. The kids would no longer have to shuffle from father to mother. If the parents don’t get along well, they could schedule their time with the kids such that one is responsible for taking care of the kids and the larger portion of the home for a few days and then the other. The children would have easy access to both parents when they need or want them. Activities and homework can be a joint effort without either parent having to go to the others home. When romantic partners are in the house, they wouldn’t have to have any contact with the children. The arrangement could be simply for the time it would take to raise the kids to a certain age. This may not be an arrangement that everyone would want, but it is the type of flexibility that having an amendment that guarantees both parents and children certain rights with each other would lend itself to. Traditional marriage would still be an option. It would squash the current culture that surrounds the single mother heroes our society so loves. Men would have equal access to their kids, and financial responsibilities according to the law would be limited to the guaranteed rights of the children.

Without strong marriage, and we don’t have strong marriage, flexibility in parenting relationships is necessary. The current paradigm is one where men pay the bills and women take care of the kids. It is based on the illusion that this is what the marriage contract represented, and that it should be mimicked as much as possible. This is not what the contract was, and even if it were, the contract is void. The marriage is one that essentially says that I as a man will take care of you financially and protect you physically and in turn you will comfort me and care for my treasures, including my children. When that contract was broken, then the wife was left to figure out how to care for and protect herself. The man still provided for his children under his own roof. The only time a man was held to account, historically, as he is now was when he abandoned his family. If you read the legal path of how we ended up where we are, it is all based on the concept of women being abandoned with their children by men. This has never been the majority of the circumstances. It has always been far more common for women to choose to walk away from men. As a matter of fact, they were far more likely to walk away from their kids. They don’t do this now, largely because the money comes from having the children.

Its time to stop having different standards around the country. Its time to stop pretending that one dynamic works for all families. Its time to stop handing out cash and prizes to one person, while extracting them from the other. Its time to stop pretending that statistical averages actually define how people manage their money and lives. Its time to remember that all parties involved have rights. It is said that divorce is worse than having a spouse die. Part of that is because all the worst parts of the spouse are magnified in the current system, while the best parts are unavailable to you. In the death of a spouse, you lose the burdens with virtues. You are able to idealize the memory of that person. Your former spouse in divorce is remembered at their worst, because the current system encourages people to be their worst.

Ten-Foured,

JeD

September 29

Custody Is The Problem

Elián

Sure divorce is a problem in our society. Its not one that is likely to go away. We have a society where people retain their autonomy after marriage. This means that both people have the chance to continue developing relationships and to be able to make their own living after being married. The social pressures to stay married have largely faded. In sub-cultures there are still some pressures, but this is not the case for larger cultural moors. Those who exist in the sub-cultures that judge divorce, can simply leave them. Most people understand that what was gained or lost together will be divided when you separate. This too is not really an issue. It might hurt to divide up your property, but its something that most people will get over fairly quickly. Divorce hurts people. Kids suffer, and the partners suffer. This should be a short term suffering. Most of the time, people accept there is no real winner in this game, and move on. Children adapt to the new family structure like they would have to a new baby or a grandparent moving in or out of their home.

The problems almost always come into play when you start talking about custody. Custody presents a scenario where there are winners and losers. This is where things get nasty. This is where one or both partners find the will to destroy the other person. Currently women hold the advantage in the same way a 7 foot, 350 pound man holds the advantage on the offensive line. They may not win every time they line up, but they are likely to control the line the majority of the time. The problem is women don’t have a natural advantage, but one that is instituted by the societal ideas and government. The fact there is an advantage to be won is the problem. In the majority of cases, both parents are able and willing to raise their children. Most men are blind sided by the fight they are walking into. Its a bit like one of the Dugger girls walking into a restaurant and finding out that it is a strip club. These men expect fairness and logic to prevail, but the system isn’t built on either of these ideas. It is built on tort. Tort says that if previous courts have ruled a certain way, then it too should rule that way or argue why it shouldn’t rule that way.

The majority of time spent in court by divorcing couples revolves around child custody. This is the case for a few reasons. Both parents don’t want to lose time with the kids, and they believe that they are a better parent than the other person. One of them is probably right, but it doesn’t really matter. Understand that each parent chose, either directly through marriage or indirectly by having risky sex, to have a child with the other parent. Thus the choice should be respected by the court. If neither parent poses a real risk to the children, then they should be granted equal access to raise the children. The court should not become embroiled in arguments over who is the better parent. They should not entertain the idea of what is in the best interest of the child. For one reason, there is no possible way for them to determine what is in actual best interest of the children. Nor under different circumstances do the kids have the right for their best interests to be considered. I would also add that this is a slippery slope, because the court could attain the habit of deciding that it is in the best interest of the child for the state to raise every child. Divorce law and tort is leading down a path that would make that next step a pretty simple one to make. The court shouldn’t entertain this idea also because it is not actually a right of the kids, it is a mechanism used for the court to decide who wins. The children and the parents should be forced to live with the choices that the parents made initially. Just because the parents don’t want to live together doesn’t mean that the court must make this choice. The court should enforce the parents equal access to the children, not choose who gets the majority of the time with the children. Often, if not most of the time, the court chooses sides with the person most likely to keep coming back if they don’t win. This is no way to determine peoples lives. It is a process that allows someone to control and hurt the other party for no other reason than they want to and are willing to. If there is no reason to pick sides, then the court should refuse to do so. As it stand now the court will choose sides, if one party asks them too. Very few fathers will ever ask the court to do so, because they know how the court will tend to act against them, but it is no better for a man to decide to ask the court to intervene simply because they know and understand that the particular court is likely to side with them.

There are only four positions the court should take, and they should be considered in this order. The first is the parents agreed to this arrangement, and the court will honor it. If the parents figured it out, and are both are willing to live the arrangements, then court should stay the hell out of it. The second is the court will enforce some form of 50/50 arrangement. This should be the default. If this were the default, then most parents knowing the uphill battle for something different would choose not to fight. If the end of most custody fights was that there would be no change to the terms, then most fights would not occur. The third alternative is that for some reason it is truly not workable for the parents to have an equal time share. This should be a high bar to reach. One that would require a substantial physical distance or a work schedule that makes it impossible to manage. This is also a situation that should the obstacles be remedied, the the parents would be moved back to a 50/50 schedule. If the distance is created by one parent is likely done for the purpose of winning a larger time share with the kids or is done by their choice not the other parents choice, then it should be awarded to the other parent. Any action that would interfere with one parents rights to raise their children should be rewarded with less time, not more. When time cannot be 50/50, then as much time that is possible should be granted the other parent. If that means that one parent has every weekend, and the other parent has weekdays, then this should be the schedule. Weekends aren’t magical, and if that is the only time a parent can reliably have the children, they should be given that time. The last option should only be used if one parent is deemed incapable or a danger to the children. This option is very simple. One parent has the children most of the time, and the other parent is required to have an appropriate amount of supervision based on the risks they present. They should be given as much time as possible, but it is unlikely that overnight stays, especially ones that are greater than a single night should be allowed. If they are, then it is unlikely they actually present the risks necessary for this ruling, and an appeals court should overturn the ruling for a more favorable arrangement. This arrangement should be reviewed at least every six months to ensure that the risks are still present. When the risks have been mitigated, then the arrangements should be changed to something more favorable.

Most cases shouldn’t ever see a court, nor should the threat of court change the course of negotiations. It should be fairly predictable what the court will determine. As in all these discussions, there are the edge cases. The ones where a family is abandoned by a parent, and where there is real and tangible abuse. I do believe that abandonment is so hard to effectively prove that the course should be taken when a previous abandonment has been ruled there be a course to allow reintroduction of the parent and child. Simple plans with goals that are attainable. If the parent follows the plan, then the end result would be that they have 50/50 time with the child. I do believe there are real abandonment cases, but many of the ones that we encounter of supposed abandonment is a father who has given up when the system keeps kicking him in the teeth, or the prospect of the hell court brings down on them is too much, and they walk. I hear all the time that a real man wouldn’t abandon his children, but the reality is the measure of a man isn’t how much abuse he can take from his ex, and sit by while he is denied the right to truly parent his children. Circumstances are usually more complicated than they first appear. The human psyche plays a large role in how people respond. There is not a formula for what the right response is. We rely too much on a few people judgement of the scenario to make these determinations. People who have no vested interest, and people who truly know very little about the realities we have faced. Neither person should have to say anymore about the other person than I cannot live with them anymore, and I do not want to share my life and lifestyle with them, with the understanding that you are bound so long as you have children.

There are lots of reasons why custody is such a problem. Most of them are emotional. One or both parents have decided that the other parent is a bad person, and feel justified in their actions. The fact the court will make a decision also leads to people asking for the court to make the decision. If the bar for less than shared parenting is set very high, then it becomes less likely that people will ask. Then if the court adopts the position that someone who is fighting to lessen contact with one parent without good cause should be given less access to the children, because they are in fact seeking to harm the children. These everyday custody battles all but go away when there is nothing to gain. Money is another factor that plays a major role in these cases. I think that just as each person in a divorce has equal rights to property, and equal responsibilities to the debt, so should that apply to the children. Each parent has an equal right to access and time with the children, and equal responsibilities for the expenses of the children. When bills are due for the kids, each parent should have to pay half the expenses. How much you earn should have nothing to do with this. People say kids are expensive, but they really aren’t. Clothes, nutrition, school, shelter, and basic healthcare are not that expensive over and above your own expenses. It is the activities and other things all parents want to give their children that are. These are lifestyle items, and they should not be deemed a right to the kids, though today they are. No child support should be ordered. Not taking care of your kids should be handled criminally, and the parents rights should be considered in relationship to the criminal proceedings.

Child support is the biggest drivers of custody battles. The payer doesn’t want to pay their ex, and the payee wants the money. Sometimes they want it solely for the kids, but they don’t want to have to negotiate with the ex for paying it, so child support gives them freedom. I have said it many times before. Child support transfers the decision making power of one parent to the other. This is true for all but the most wealthy and frugal people. Even then, the power is transferred, because the other parent has been given the resources to make the decisions. Many will say its not fair for the richer parent to have this power, but neither is it fair for the court to decide which parent has this authority. It is more fair that the person who earns or has the money by normal rights is allowed to spend it as they see fit. The other parent should have no rights to it.

If custody battles were all but eliminated, the children would have better relationships with both their parents. One parent wouldn’t be second class, and the parent who is able will generally ensure that the kids desires are as fulfilled as is appropriate. I had no problem as I began this journey, before child support, providing extras for my children, even in their mother’s house. I never made a big deal to the kids that I was paying for it. I simply paid for it or gave her some money to pay for it. I won’t ever get reimbursed for expenses I have to cover that I already paid her for in my child support. I have to decide whether I can afford to pay again. Right now I can’t. This is a decision tree that no one should have to use, but a large number of mostly men and a few women have to do all the time. Custody battles really are about the money. Let no one trick you into thinking differently.

Ten-Foured,

JeD

September 29

Feminism: The Results

SlutWalk NYC 2011

This is where feminism has taken us. Watch the video

It a time not so long ago a man hitting his wife was largely ignored, or so the story is told. I don’t know that was ever really true, but that is the story. I do know that feminism has brought us a world where men can’t be harsh with a woman without intervention from others, but a woman beating on a man is considered entertainment. We have seen the video of Ray Rice hitting his now wife on the elevator. If you haven’t then check it below. It seems that defending yourself is only okay withing certain boundaries. I see her hit him at least twice. Yes he is a big strong man, but she is not a child. The world wants us to treat women as children. If they hit you, then they it can be returned. If it is, then you should limit yourself, so as not to hurt her. I have said it before, but we are going to see more Ray Rice scenarios, and they are going to be worse. As men are treated as if the smallest things are the same as big things, the ones who don’t or can’t avoid the confrontation will escalate it quickly, because they will be handled the same regardless. Feminism is on a path of making things more dangerous for women, not less.