Introduction
In recent times, there has been a notable shift in family formation patterns, with a mere 60% of children now living with both biological parents. According to Meyer et al. (2017), the first year following a divorce sees a 27% drop in the standard of living for moms and their kids. Even while 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 (Tait, 2022). Even though child support systems prioritize the best interests of the children, some parents are severely burdened by intrinsic problems with the perceived fairness of child support orders, economic inequality, and the never-ending cycle of debt and jail.
Body paragraphs
Mothers may, nevertheless, be given preference when it comes to custody decisions, even though the law forbids discrimination based on gender. Mothers are frequently granted custody of their children until they turn eighteen. Fathers who have meaningful contacts with their children are more likely to fulfill their financial duties, even in cases when females win the child custody battle. Different results are produced by economic disparities in the child support system. Richer fathers can simply utilize legal channels to safeguard their assets, as Tait (2022) notes. Disparities exist in the application of child support laws, according to research. Richer people use the legal system to hide their money. They can use a variety of legal strategies to avoid unwelcome creditors and safeguard their riches from intrusive debt collection. Economic differences have a significant role 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 surpass the parents’ financial means. One of the main causes of an unfair child support system is economic disparity. Unmanageable and unsustainable child support debt affects impoverished parents, who are typically black men. Richer parents, however, may be able to avoid having to pay 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 a 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 are always facing 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 the 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 greater difficulties in the child support system, which is consistent with structural biases and the historical background. Harper et al. (2021) reported that child support debt studies of various kinds revealed that child support debt was incurred by 66%–92% of jailed individuals. The payment of child support by jailed individuals is known to hinder their capacity to find work, satisfy their basic 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 best interest of the child. Proponents argue that the measures taken to ensure payment of child support 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. Being forced to compromise unfairly rendered them powerless during the process (Gutowski & Goodman, 2020). Certain 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 certain scenarios. Divergent opinions about how equitable the child support system is can be attributed to certain experiences and situations.
Conclusion
A significant number of children leave with single parents, due to a continued increase in divorce, and parents who fail to take responsibility of living together with their children. This has brought to question the issue of child support paid by parents to help cater for 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 school fees, some parents always fail to provide the necessary support, leaving custodian parents with a heavy burden of raising the children alone. Therefore, policies have been put in place to ensure parents commit to paying child support for their children without failure. Proponents vehemently argue in favor of policies such as jail term for parents unable to pay for child support, as an incentive to ensuring they support the children. However, jail-terms has 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 to 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 term 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 employments for failure to pay child support. However, supporters of these measures argue that the actions taken are for the best interest of the children 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, 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
Lin, I. F. (2000). Perceived fairness and compliance with child support obligations. Journal of Marriage and Family, 62(2), 388-398. https://doi.org/10.1111/j.17413737.2000.00388.x
Tait, A. (2022). Debt Governance, Wealth Management, and the Uneven Burdens of Child Support.Nw. UL Rev., 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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