The family formation pattern has witnessed paradigm shift. Many children no longer live with both biological parents. They stay with single parents, most of whom are mothers. Single parenthood mostly live mothers taking care of children without the presence of their biological fathers. This paradigm shift is necessitated by an increase in divorce rates which also result in a drop in living standards for mothers and their children. Even though nonresident fathers who meet their child support duties may help close the economic gap, more than half of those with child support orders do not pay the entire amount due. The pro-argument maintains that the possibility of jail serves as a strong incentive for people to pay child support and that the system is dependable and efficient. Nonetheless, detractors contend that punitive policies are entangling males from economically disadvantaged backgrounds in a vicious cycle of debt, unemployment, and incarceration. Although child support caters to the best interests of children, the problem of unfairness in the system, such as child support orders, economic inequality, and the never-ending cycle of debt and jail, burdens some parents.
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The perception of the system’s fairness influences the degree of adherence to child support orders. According to Office of the child support enforcement (2016), several studies have established that compliance is reduced when support orders are set above 15-20 percent of actual income. When these orders are reasonable, it is simpler for a father to follow the child support guidelines. The problem of compliance shows that advocating for a more equitable child support system may help raise compliance and enhancing child outcomes. Encouraging a more equitable child support system may be a useful strategy for compliance and improving child outcomes. According to Hofferth et al. (2010), the quality of the father-child relationship affects the child’s compliance with child support obligations. A father’s deep attachment to his child forces him to provide for the youngster even in defiance of court instructions. Mothers may get preferential treatment when it comes to custody decisions, even though the law forbids discrimination based on gender. Besides, mothers are frequently granted custody of their children until they turn eighteen. Therefore, fathers with meaningful contact with their children are more likely to fulfill their financial duties, even when females win the custody battle.
Economic disparities in the child support system produce different results. More affluent fathers can utilize legal channels to safeguard their assets, as Tait (2022) notes. Disparities exist in the application of child support laws, according to research, as more affluent people use the legal system to hide their money. Besides, they can use various legal strategies to avoid unwelcome creditors and safeguard their riches from intrusive debt collection. Economic differences have a significant impact on how the child support system functions. Up to 65% of paychecks may be withheld in collection operations, along with asset seizures, license suspensions, and jail time (Tait, 2022). A considerable portion of child support orders exceed the parents’ financial means. Fathers are often affected more than custodial mothers. According to Office of the child support enforcement (2016), a study established that for every dollar of child support received, the incomes of custodial mothers and their children increases by two dollars. The existing child support system leads to economic disparities between fathers and custodial mothers. The unfair child support system is one of the leading impetus of economic disparities between mothers and fathers. The unmanageable and unsustainable child support debt affects impoverished parents, more so fathers. However, more affluent parents may be able to avoid paying large amounts of child support by negotiating court settlements. It, therefore, becomes difficult for them to comply when the needed amount of child support exceeds what the father can afford to pay.
For people who are unable to pay their child support responsibilities, measures like jail set them up for a cycle of debt and imprisonment. According to 2009 research, one in eight South Carolina prisoners had been imprisoned for neglecting to pay child support (Tait, 2022). Because of ongoing financial difficulties, the system may put fathers in a position where they always face legal repercussions. People are frequently granted a brief window of time to make large payments, which creates a cycle of re-incarceration for noncompliance. Most of these people have little choice but to accept jail sentences since they are unable to raise the necessary amounts for child support. According to reports, in addition to the expenses of their incarceration, individuals with unpaid child support obligations ranging from $15,000 to $30,000 may be allowed to leave jail (Tait, 2022). This report draws attention to possible systemic inequalities that harm parents—especially fathers who are unable to make court-ordered payments. The interplay between racial politics and child support exposes the contours of historical and contemporary oppression, which underpins the current state structures that disproportionately harm black fathers in terms of their physical and financial well-being (Tait, 2022). Notably, African Americans encounter more significant difficulties in the child support system, which is consistent with structural biases and historical background. Harper et al. (2021) report that studies on child support debts have established that 66%–92% of jailed individuals incurred child support debt. The payment of child support by detained individuals is known to hinder their capacity to find work, satisfy their necessities, or support their families. It can also worsen family dynamics and increase the likelihood of recidivism.
Counterargument
However, proponents of the current child support system argue that it is fair. According to Tollestrup (2023), all the requirements are necessary for the child’s best interest. Proponents argue that the measures taken to ensure child support payment are often aimed at ensuring children are well taken care of and do not lack basic needs like food, clothing, and shelter. It is intended to help maintain a consistent standard of living for the child, even if the parents are no longer together. Whereas it is meant to ensure the child is in a good living condition, the process can be unfair to either of the parents. Fathers are being forced to compromise unfairly, rendering them powerless (Gutowski & Goodman, 2020). Specific concerns, like inconsistent application of rules, apparent biases in favor of custodial parents, and circumstances where the ordered amount may be judged disproportionately large relative to the noncustodial parent’s income, might lead to the perception that child support is unfair in specific scenarios. Divergent opinions about how equitable the child support system is can be attributed to particular experiences and situations.
Conclusion
A significant number of children live with single parents due to a continued increase in divorce and parents who fail to take responsibility for living together with their children. This trend of single parenting has brought into question the issue of child support. Parents pay child support to help cater to the needs of their children, such as clothing, entertainment, and food, among others, more so when both parents are not living with the children. Notwithstanding the significance of child support in providing for various needs of these children, such as school fees, some parents always fail to provide the necessary support, leaving custodian parents with a heavy the burden of raising the children alone. Therefore, policies have been implemented to ensure parents commit to paying child support for their children without failure. Proponents vehemently argue in favor of policies such as jail terms for parents unable to pay for child support as an incentive to ensure they support the children. However, jail terms have been doing more harm than good. It is worth noting that the provision of child support depends on various factors. The relationship between the child and the parents determines the level of support such a parent will give the child, as parents closer to their children tend to provide more support. Further, economic disparities also determine the level of support parents provide. In light of this, wealthier parents are more likely to evade the justice system as they seek to protect their wealth and might seek to settle such cases outside the court. The policies also recommend jail terms for those unable to pay child support. Such jail terms often push them into poverty and debt as they try to look for money to pay the bills. Further, many people have lost their jobs for failure to pay child support. However, supporters of these measures argue that the actions taken are in the children’s best interest to ensure they lead a good life.
References
Gutowski, E., & Goodman, L. A. (2020). “Like I’m invisible”: IPV survivor-mothers’ perceptions of seeking child custody through the family court system. Journal of family Violence, 35, 1-18. https://doi.org/10.1007/s10896-019-00063-1
Harper, A., Ginapp, C., Bardelli, T., Grimshaw, A., Justen, M., Mohamedali, A., Thomas, I., & Puglisi, L. (2021). Debt, incarceration, and re-entry: A scoping review. American Journal of Criminal Justice,46, 250-278. https://doi.org/10.1007/s12103-020-09559-9
Office of the child support enforcement. (2016, December). The Child Support Program is A Good Investment. Administration for Children & Families. https://www.acf.hhs.gov/sites/default/files/documents/ocse/sbtn_csp_is_a_good_investment.pdf
Tait, A. (2022). Debt Governance, Wealth management, and the uneven burdens of child Support. Northwestern University Law Review, 117(1), 305-334.
Tollestrup, J. (2023, July). The child support enforcement program: Summary of laws enacted since 1950. Congressional Research Service, 1-51. https://sgp.fas.org/crs/misc/R47630.pdf
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