Income Based Child Support – Defacto Alimony
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.