The law examines child support rights from the perspective of the child, so the acts of the mother, no matter how heinous, will not supersede the right to support. The right to payment stems solely from biological parentage, and does not depend on the will or the deed of the man in question. And thus courts have upheld payments in extreme cases, such as boys who were statutorily raped and in cases where women took the sperm from a condom and impregnated herself without the father's consent. These are just the notable cases, there are also myriad circumstances in which a woman lies about or sabotages birth control to get pregnant, and is still entitled to child support.
Although these cases seem extremely unfair, it is hard to counter the argument that the child still deserves support, and still deserves a living. A man paying $800 a month for a child conceived from sperm stolen from oral sex proposed one solution: a separate suit against the mother. An Illinois court recently reinstated his suit for emotional distress, providing some hope that this solution could stick.
I would go one step further. If the mother's actions were the sole cause of the child support obligation, why not force her to indemnify him for the payments? In the majority of the cases in which the mother has custody, this may seem impractical. The funds that she paid him would go straight back to herself, and would be taken from the same coffers that are providing current support for the child. This would effectively cancel out the child support and would not result in more overall provisions for the child's welfare. But what if such cases were instituted against non-custodial mothers, or after the child turned 18? Could the father obtain the value of his payments from the mother, now that her funds are her own and the child is independent? Such a result would seem to be a tad fairer than our current system.
And yet this is not the worst of it. A court ruled today that a man still owes back child support for a child that is not his, and whom he never claimed to parent. An Arkansas Court found that payments due before the paternity test were not waived, since the results of those tests only apply to future payments under state law. Existing laws already oblige non-biological fathers to pay child support when they become de facto parents by acting as such.
This departs from the justifications above; how can that basic entitlement inure to the child when there is no biological relationship?
I'm not quite sure whether this qualifies as a 'child-free' issue, and I welcome your feedback on that point. However, I have always suspected that, even as a woman, it is my childfree tendencies that have lead to my outrage on this issue. No one could trick me into having a child. Indeed, I would hold all the decision making in my hands while the man would nearly equally pay for that choice. Perhaps it is the absence of any ticking biological clock that allows me to feel that way; perhaps it would make a woman understand, even a little, why a woman would dupe a man into paternity. Or perhaps it is that in this pro-natal culture, we are very nearly the only ones left speaking on one side when someone cries "for the children!" on the other.
Technorati Tag: childfree
6 comments:
No, children are not entitled to support from their parents...children of DIVORCED parents are entitled to support from their non-custodial parent. That's a very different issue. My son is not entitled to support from his father who lives with us. After my husband's income decreased by almost 50% due to economic situation where we live, his daughter from a previous marriage was still entitled and is STILL entitled to the same level of support as when her father made twice as much. Our son on the other hand is entititled to NOTHING from his father. You see, unless I decide to leave the father, so that my son can become the "poor child of divorce parents", he's entitled to nothing. So that his half-sister can be entitled to almost 50% of her father's income, I am left not only supporting myself and supporting our son, but also supporting his father because if we split, he'd have to live under a bridge.
Remember, the states care little about children...they ONLY care about children of divorce because the federal goverment compensates them for stealing from non-custodial parents, even if it is at the expense of another child.
Ah yes, our child is special needs, but entitled to nothing from the government due to our salaries...of course, they fail to see that we not only support him, but also his half-sister and the other two children who live with hix ex-wife and new husband.
Oh my, what a quagmire.
LT - I had to read this article twice. Still not sure I understand the legalese, but I think you are questioning whether mothers automatically should receive child support.
As childfree women, we do have a right to comment. We, well some of us, are involved in children's lives, we are the school teachers, swim instructors, aunties, etc. who care to comment and be involved. Some don't and that's okay too.
When I read an article about a child who has fallen through the cracks it breaks my heart. I believe the courts just want to keep kids from growing up to be mal adjusted future criminals.
I believe judges have to have a larger view than just putting the burden where there is the highest income level and who pays for what with regard to a child. To the people paying, that is paramount; however, the courts are aware of the burden to the system, the cost to society if we fail the next generation. When it affects your pocket book, and children do, it's hard not to be bitter. Financial fights are a leading cause of divorce after all, so why would that symptom go away once it's final?
And, yes, I believe that if a man was duped and a woman impregnated herself intentionally while deceiving the man involved, he should have some recourse. I think that mother is a criminal.
Anonymous - Let him live under a bridge if he so chooses.
next time the man can put tabasco sauce in the used condom
http://www.tenetsofleykis.com/leykis_101_rules/05_tabasco_sauce.php
I'm a childfree [American] stepmother living in Canada, and the BM pays my husband child support because she makes more than he does.
Even if I had a million bucks the bitch couldn't get her claws into it, because the support is only figured out between bio dad and bio mom here, which is a lot better than the way the US handles things. Still...I'm keeping the bulk of my money in the good old US of A. I like my step kids, but I don't feel I need to spend a dime of my own money on 'em. That's what their cheatin' tramp of a mother is for.
My husband makes $12,000 less a year then his greedy ex-wife and we have a 6 year old son together and the other day when we finally had the 19 year old of his 2 sons from his first marriage emancipated (HAPPY DAY!!!!) his child support to her went down by only $416 a year!!!! So pretty much my SS is entitled to be raised on $70,000 a year and my son because his parents aren't divorced is entitled to be raised on only $52,000 a year. Oh and did I mention that the ex bitch has no mortgage, rent or car payment and we do!?! You would think that would come in to play so that the "children" don't suffer! NOOOOO the SS needs more money so he can do more drugs and by more video games and be even more spoiled than he all ready is!
I pay child support for my daughter who's mother ran away to another state and has denied me access or involvement to her going on for 7 yrs now. I am a single father of two sons who I have custody of.
Due to recent economic situations I am now unemployed and am collecting Unemployment benefits (for the first time ever) to which is now subject to child support garnishment.
Now the Dept of child support services know how much I pay a month in child support and have been informed that i will be behind in two payments until i can receive my first couple of checks (rent, car payment, bills, etc) to which they told me that would be OK and that I would have to start making payments online to which i would need a pin number that will now be sent to me in the mail and will receive withing 2 weeks. Sounds great doesn't it?...well it wasn't great at all, two weeks had past and i had yet to received the pin number so I called and informed them of the problem to which they told my that it was in the mail and that I would be receiving it shortly, well 3 weeks later and still no pin, I had begun receiving my EDD checks and wanted to make a payment so I called them up again and informed them I wanted to make a payment so to not fall into arrears, the overly loud woman on the other end said that i was set up to make payments online and would have to do so, I informed her that i never received the pin therefore I could not access the account online and would like to make the payment now so that i do not go into arrears. She then proceeded to yell at me that i was not listening to her... yes she was YELLING this at me, she said she will freeze the account and re-issue another pin to me and that i would be OK and to call as soon as i receive it. Well it has been 2 months I haven't received it I cant make a payment and DCSS has reported me to all 3 credit bureaus, and not only am i in arrears that is now tacking on interest, they now have proceeded to garnish 50% of my EDD checks when only 15% of it is what I was ordered to pay by the court, I have tried to contact them at least ten times now with no luck (a recording stating there agents are too busy and to try your call later) I'm sure there failed website experiment has something to do with it, and I have contacted other state agencies in hopes to have this corrected right away but I get the same reply every time i call " We are sorry for your inconvenience but unfortunately we can not assist you on this matter and you will have to speak with a DCSS agent) are you serious? I am at the mercy of these creeps and in the mean time I have to make decisions on things like : cut back on food, miss a few bills, kids cant go to school functions that cost money..
This is what this system is and all in while the mother is calling me screaming at me why I haven't paid child support. This system has made it HARDER for me to take care of my two boys as well as now damaging my credit to which will now effect my chances in acquiring a high paying job. and just a note, This is not the first time they have done something like this to me.
None of this makes any sense to me but i do know that they don't care about me or my boys. I dont know if any of you have ever worked or tried to access agents or services from the DCSS but let me tell you, it would be less painful to have all my teeth pulled out with a broken pair of pliers!!!
What I don't get is all you woman here gripe about how bad it is for the kids and the single moms, ALOT of men go through this crap too and the ones who actually try and are doing whats right get bullied and mistreated by this system we use which is completely a farse and is by far from refined.
We need to learn and come up with way to be less dependent on state controlled systems and departments and set up equal and fair laws that both benefit and effect men and women, Laws that cannot be corrupted by state bureaucrats.
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