Joanna L. Grossman and Lawrence M. Friedman
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149820
- eISBN:
- 9781400839773
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149820.003.0011
- Subject:
- Law, Family Law
This chapter explores the rules and standards that courts are supposed to use in awarding custody, and how these rules and standards have shifted over the years. It also looks at the troubling issue ...
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This chapter explores the rules and standards that courts are supposed to use in awarding custody, and how these rules and standards have shifted over the years. It also looks at the troubling issue of child support. There are minor children in roughly half of all divorces, after all, which makes custody an issue. Typically, in such cases both parents are fit; both have a constitutionally protected interest in rearing their children, but both have also chosen to live separate lives. Neither has a superior constitutional claim, and courts simply have to apply the state standard for handling custody disputes. The chapter considers who is supposed to pay for the children left adrift after divorce and how support awards are enforced.Less
This chapter explores the rules and standards that courts are supposed to use in awarding custody, and how these rules and standards have shifted over the years. It also looks at the troubling issue of child support. There are minor children in roughly half of all divorces, after all, which makes custody an issue. Typically, in such cases both parents are fit; both have a constitutionally protected interest in rearing their children, but both have also chosen to live separate lives. Neither has a superior constitutional claim, and courts simply have to apply the state standard for handling custody disputes. The chapter considers who is supposed to pay for the children left adrift after divorce and how support awards are enforced.
David J. Pate
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780195314366
- eISBN:
- 9780199865567
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195314366.003.0004
- Subject:
- Social Work, Communities and Organizations, Health and Mental Health
Since the 1960s, fathers for children on welfare have been described in various ways. They have been described as “absent” and more recently as “deadbeat dads” for not contributing to the family ...
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Since the 1960s, fathers for children on welfare have been described in various ways. They have been described as “absent” and more recently as “deadbeat dads” for not contributing to the family financially; this newest term recognizes that some of these fathers do not have the financial ability to take care of their children. With welfare reform in 1996, the pursuit of such “deadbeat” dads was made part of the law, with enhanced child support laws and incentives under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). This chapter examines the effect of these changes in welfare on the role of low-income fathers and their welfare-reliant children. This is accomplished using qualitative data collected from research conducted on low-income fathers of children on welfare in the Wisconsin Child Support Demonstration Evaluation, a rigorous assessment of a state child support program. The chapter examines how the low-income fathers affected by PRWORA met the basic needs of their children during the early years of welfare reform, which created work requirements for mothers and eliminated the entitlement to cash assistance. In particular, it presents testimonies from three fathers who discuss their roles as breadwinners, caregivers, and co-parents.Less
Since the 1960s, fathers for children on welfare have been described in various ways. They have been described as “absent” and more recently as “deadbeat dads” for not contributing to the family financially; this newest term recognizes that some of these fathers do not have the financial ability to take care of their children. With welfare reform in 1996, the pursuit of such “deadbeat” dads was made part of the law, with enhanced child support laws and incentives under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). This chapter examines the effect of these changes in welfare on the role of low-income fathers and their welfare-reliant children. This is accomplished using qualitative data collected from research conducted on low-income fathers of children on welfare in the Wisconsin Child Support Demonstration Evaluation, a rigorous assessment of a state child support program. The chapter examines how the low-income fathers affected by PRWORA met the basic needs of their children during the early years of welfare reform, which created work requirements for mothers and eliminated the entitlement to cash assistance. In particular, it presents testimonies from three fathers who discuss their roles as breadwinners, caregivers, and co-parents.
Francie Lund
- Published in print:
- 2012
- Published Online:
- January 2014
- ISBN:
- 9780197265314
- eISBN:
- 9780191760402
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197265314.003.0019
- Subject:
- History, World Modern History
In April 1998, the post-apartheid South African government introduced a monthly cash transfer for children in poor households. A requirement for getting the grant was that the birth of the child had ...
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In April 1998, the post-apartheid South African government introduced a monthly cash transfer for children in poor households. A requirement for getting the grant was that the birth of the child had to be registered, and the adult primary caregiver had to have the citizen identity document. The success of the system of support was contingent on the new democratic government's ability to integrate into one national welfare system what had been fragmented under apartheid into many racially separated systems; it also, ironically, built on the apartheid-era state pension delivery system. Within a decade the grant reached more than ten million children, and was associated with a rapid increase in birth registrations, marking the poorest children's first step into citizenship, and opening up the possibility of later access to other programmes and entitlements.Less
In April 1998, the post-apartheid South African government introduced a monthly cash transfer for children in poor households. A requirement for getting the grant was that the birth of the child had to be registered, and the adult primary caregiver had to have the citizen identity document. The success of the system of support was contingent on the new democratic government's ability to integrate into one national welfare system what had been fragmented under apartheid into many racially separated systems; it also, ironically, built on the apartheid-era state pension delivery system. Within a decade the grant reached more than ten million children, and was associated with a rapid increase in birth registrations, marking the poorest children's first step into citizenship, and opening up the possibility of later access to other programmes and entitlements.
Duncan Lindsey
- Published in print:
- 2008
- Published Online:
- April 2010
- ISBN:
- 9780195305449
- eISBN:
- 9780199894291
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305449.003.0006
- Subject:
- Social Work, Children and Families, Social Policy
This chapter examines the limitations and flaws of the welfare program, and suggests different approaches to solving child poverty that have been used in most of the other industrialized nations of ...
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This chapter examines the limitations and flaws of the welfare program, and suggests different approaches to solving child poverty that have been used in most of the other industrialized nations of Europe, Australia, and elsewhere. The two central approaches to reducing child poverty that have been used in most other industrialized nations are effective child support collection and a progressive children's allowance. The United States has among the worst record in the world in terms of assuring child support collection. This problem is particularly important for poor and low-income children. If the United States were to adopt child support collection approaches used in Europe, Australia, New Zealand, and elsewhere, it could cut child poverty rates in half. Furthermore, if the United States were to adopt a progressive children's allowance as is found in most other countries, it could further substantially cut child poverty.Less
This chapter examines the limitations and flaws of the welfare program, and suggests different approaches to solving child poverty that have been used in most of the other industrialized nations of Europe, Australia, and elsewhere. The two central approaches to reducing child poverty that have been used in most other industrialized nations are effective child support collection and a progressive children's allowance. The United States has among the worst record in the world in terms of assuring child support collection. This problem is particularly important for poor and low-income children. If the United States were to adopt child support collection approaches used in Europe, Australia, New Zealand, and elsewhere, it could cut child poverty rates in half. Furthermore, if the United States were to adopt a progressive children's allowance as is found in most other countries, it could further substantially cut child poverty.
Duncan Lindsey
- Published in print:
- 2003
- Published Online:
- April 2010
- ISBN:
- 9780195136715
- eISBN:
- 9780199894079
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195136715.003.0012
- Subject:
- Social Work, Children and Families, Social Policy
This chapter examines social policy initiatives and programs designed to alter the current structural arrangements responsible for the condition of poor children. If the families served by child ...
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This chapter examines social policy initiatives and programs designed to alter the current structural arrangements responsible for the condition of poor children. If the families served by child welfare agencies suffer from severe economic hardship, and this hardship is a factor that contributes to the problems child welfare is attempting to solve, social and economic policy changes which address this hardship should be pursued. Further, solutions to these problems do not necessarily require more money so much as rethinking and redesigning policies and programs that have proven ineffective and out of date. For example, children suffer because of an ineffective and obsolete court-administered child support collection system. They also suffer because of inequities in the form of the children's allowance program developed in the United States.Less
This chapter examines social policy initiatives and programs designed to alter the current structural arrangements responsible for the condition of poor children. If the families served by child welfare agencies suffer from severe economic hardship, and this hardship is a factor that contributes to the problems child welfare is attempting to solve, social and economic policy changes which address this hardship should be pursued. Further, solutions to these problems do not necessarily require more money so much as rethinking and redesigning policies and programs that have proven ineffective and out of date. For example, children suffer because of an ineffective and obsolete court-administered child support collection system. They also suffer because of inequities in the form of the children's allowance program developed in the United States.
Andrew W. Dobelstein
- Published in print:
- 2009
- Published Online:
- April 2010
- ISBN:
- 9780195366891
- eISBN:
- 9780199894208
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195366891.003.0006
- Subject:
- Social Work, Social Policy
Efforts to provide financial support to economically dependent children have emerged from some of America's most confusing social welfare policy objectives. As a result, at least five major programs ...
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Efforts to provide financial support to economically dependent children have emerged from some of America's most confusing social welfare policy objectives. As a result, at least five major programs are now administered under the authority of Title IV of the Social Security Act: several modified forms of cash assistance for children and their families, support for children in substitute homes (foster and institutional care), child support enforcement, long term planning for children not living in their own homes, and temporary assistance for needy families (TANF) that limits the amount of time some families and children can receive financial support. Title IV has become the part of the Social Security Act that addresses a comprehensive social welfare concern for America's children.Less
Efforts to provide financial support to economically dependent children have emerged from some of America's most confusing social welfare policy objectives. As a result, at least five major programs are now administered under the authority of Title IV of the Social Security Act: several modified forms of cash assistance for children and their families, support for children in substitute homes (foster and institutional care), child support enforcement, long term planning for children not living in their own homes, and temporary assistance for needy families (TANF) that limits the amount of time some families and children can receive financial support. Title IV has become the part of the Social Security Act that addresses a comprehensive social welfare concern for America's children.
Pat Thane and Tanya Evans
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199578504
- eISBN:
- 9780191741838
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578504.003.0009
- Subject:
- History, Cultural History
Continuing difficulties for unmarried mothers and their children despite improvements. Margaret Thatcher's Conservative Governments, cuts to welfare, pressure on mothers to work, but childcare hard ...
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Continuing difficulties for unmarried mothers and their children despite improvements. Margaret Thatcher's Conservative Governments, cuts to welfare, pressure on mothers to work, but childcare hard to find and contracting labour market. ‘Broken families’ blamed for social problems as divorce, cohabitation, and babies born out of wedlock rose to unprecedented levels. Government claims that ‘teenage mothers’ got pregnant to get a council house and welfare benefits. Disproved by research but accusations continued into 1990s. Successful efforts by OPF to set up courses to help mothers into work, strongly supported by mothers. In 1987, all legal differences between ‘legitimate’ and ‘illegitimate’ children eliminated after long campaign by NC/OPF. In 1991 the establishment of Child Support Agency, badly designed in a hurry and made access to maintenance and benefits more difficult and conditions worsened. Intensified government attacks on lone, especially unmarried mothers, until Conservatives lost 1997 election.Less
Continuing difficulties for unmarried mothers and their children despite improvements. Margaret Thatcher's Conservative Governments, cuts to welfare, pressure on mothers to work, but childcare hard to find and contracting labour market. ‘Broken families’ blamed for social problems as divorce, cohabitation, and babies born out of wedlock rose to unprecedented levels. Government claims that ‘teenage mothers’ got pregnant to get a council house and welfare benefits. Disproved by research but accusations continued into 1990s. Successful efforts by OPF to set up courses to help mothers into work, strongly supported by mothers. In 1987, all legal differences between ‘legitimate’ and ‘illegitimate’ children eliminated after long campaign by NC/OPF. In 1991 the establishment of Child Support Agency, badly designed in a hurry and made access to maintenance and benefits more difficult and conditions worsened. Intensified government attacks on lone, especially unmarried mothers, until Conservatives lost 1997 election.
Dan Markel, Jennifer M. Collins, and Ethan J. Leib
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195380064
- eISBN:
- 9780199855308
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195380064.003.0006
- Subject:
- Law, Criminal Law and Criminology
This chapter analyzes the various family ties burdens identified in Chapter 4. It offers a basis for how the normative framework in Chapter 5 contributes to a more comprehensive accounting when ...
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This chapter analyzes the various family ties burdens identified in Chapter 4. It offers a basis for how the normative framework in Chapter 5 contributes to a more comprehensive accounting when analyzing each family ties burden. The framework recommends caution about the bulk of the family ties burdens that have been identified and urges creativity in redesigning these burdens to make them less discriminatory.Less
This chapter analyzes the various family ties burdens identified in Chapter 4. It offers a basis for how the normative framework in Chapter 5 contributes to a more comprehensive accounting when analyzing each family ties burden. The framework recommends caution about the bulk of the family ties burdens that have been identified and urges creativity in redesigning these burdens to make them less discriminatory.
John Eekelaar
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199535422
- eISBN:
- 9780191707384
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199535422.003.0003
- Subject:
- Law, Family Law
Starting from the observation that the law constructs a reality which may not correspond to ‘physical’ truth, this chapter starts by considering the way kin relationships have been designed to ...
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Starting from the observation that the law constructs a reality which may not correspond to ‘physical’ truth, this chapter starts by considering the way kin relationships have been designed to project a social order from one generation to successor generations. Legal concepts of legitimacy, illegitimacy, and the circumstances in which paternity is recognized subordinate recognizing biological reality to upholding a social order. But, while arguing that children's right to know their identity generally demands that their biological origins should be known, the chapter maintains that parents do not have an equivalent right to develop a relationship with a child for no other reason than that they are the child's parent, even though the parent may have a duty to support the child. The argument is developed in the context of the rights to family and private life in the European Convention on Human Rights.Less
Starting from the observation that the law constructs a reality which may not correspond to ‘physical’ truth, this chapter starts by considering the way kin relationships have been designed to project a social order from one generation to successor generations. Legal concepts of legitimacy, illegitimacy, and the circumstances in which paternity is recognized subordinate recognizing biological reality to upholding a social order. But, while arguing that children's right to know their identity generally demands that their biological origins should be known, the chapter maintains that parents do not have an equivalent right to develop a relationship with a child for no other reason than that they are the child's parent, even though the parent may have a duty to support the child. The argument is developed in the context of the rights to family and private life in the European Convention on Human Rights.
Julie Macfarlane
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199753918
- eISBN:
- 9780199949588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199753918.003.0007
- Subject:
- Religion, Islam
This chapter describes the social, spiritual, legal and financial outcomes of divorce for Muslim men and women. There is consensus that women suffer the most negative social consequences. In some ...
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This chapter describes the social, spiritual, legal and financial outcomes of divorce for Muslim men and women. There is consensus that women suffer the most negative social consequences. In some cases they are shunned, at least temporarily, by their families and communities. Most respondents reported that they found no tension between their faith and their decision to divorce, with the majority reporting that this personal crisis strengthened their faith and brought them closer to God. A few found that extremely negative family and social reactions to their divorce turned them away from Islam. Financial and legal outcomes for respondents (broken down between shorter, mid-length and longer marriages) were similar to those adjudicated in a common law system. Many respondents combined some Islamic principles —for example, payment of the mahr—with North American legal principles such as the payment of spousal support and joint custody. Many respondents ended up with some aspect of their divorce outcome determined by a court, because they were otherwise unable to resolve a particular dispute. A small group rejected any common law outcomes to which they would not have been entitled in Islam.Less
This chapter describes the social, spiritual, legal and financial outcomes of divorce for Muslim men and women. There is consensus that women suffer the most negative social consequences. In some cases they are shunned, at least temporarily, by their families and communities. Most respondents reported that they found no tension between their faith and their decision to divorce, with the majority reporting that this personal crisis strengthened their faith and brought them closer to God. A few found that extremely negative family and social reactions to their divorce turned them away from Islam. Financial and legal outcomes for respondents (broken down between shorter, mid-length and longer marriages) were similar to those adjudicated in a common law system. Many respondents combined some Islamic principles —for example, payment of the mahr—with North American legal principles such as the payment of spousal support and joint custody. Many respondents ended up with some aspect of their divorce outcome determined by a court, because they were otherwise unable to resolve a particular dispute. A small group rejected any common law outcomes to which they would not have been entitled in Islam.
Dan Markel, Jennifer M. Collins, and Ethan J. Leib
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195380064
- eISBN:
- 9780199855308
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195380064.003.0004
- Subject:
- Law, Criminal Law and Criminology
This chapter identifies practices characterized as family ties burdens. These include parental responsibility laws imposing liability on parents because of crimes or misdeeds committed by their ...
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This chapter identifies practices characterized as family ties burdens. These include parental responsibility laws imposing liability on parents because of crimes or misdeeds committed by their children, omissions liability for failing to prevent harm to family members, and criminal liability for nonpayment of child or parental support. Defendants are also burdened on account of their family status when they face prosecutions for incest, adultery, and bigamy. In all seven of these instances, in the absence of the particular familial status of the defendant, the actions or omissions at issue would largely be ignored by the criminal justice system or, in some cases, treated more leniently.Less
This chapter identifies practices characterized as family ties burdens. These include parental responsibility laws imposing liability on parents because of crimes or misdeeds committed by their children, omissions liability for failing to prevent harm to family members, and criminal liability for nonpayment of child or parental support. Defendants are also burdened on account of their family status when they face prosecutions for incest, adultery, and bigamy. In all seven of these instances, in the absence of the particular familial status of the defendant, the actions or omissions at issue would largely be ignored by the criminal justice system or, in some cases, treated more leniently.
Ruth Evans and Saul Becker
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9781847420220
- eISBN:
- 9781447301769
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781847420220.003.0010
- Subject:
- Sociology, Health, Illness, and Medicine
This chapter focuses on the support needs of children and young people who care for parents with HIV, and discusses local and global strategies and responses. It also discusses the implications of ...
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This chapter focuses on the support needs of children and young people who care for parents with HIV, and discusses local and global strategies and responses. It also discusses the implications of young people's caring roles for the needs and requirements for support of families affected by HIV/AIDS. The chapter examines the perspectives of young people, parents, and service providers on their support needs in Tanzania and the UK. It discusses service providers' views of the development of services and support for this hidden group of young people and their suggested improvements to existing service provision. The chapter explores debates about targeting support for children caring for parents/relatives with HIV, issues of disclosure of HIV status for accessing services, and providers's views on whether efforts should be focused on preventing children being drawn into caring roles or on responding to children's support needs once they have taken on caring responsibilities.Less
This chapter focuses on the support needs of children and young people who care for parents with HIV, and discusses local and global strategies and responses. It also discusses the implications of young people's caring roles for the needs and requirements for support of families affected by HIV/AIDS. The chapter examines the perspectives of young people, parents, and service providers on their support needs in Tanzania and the UK. It discusses service providers' views of the development of services and support for this hidden group of young people and their suggested improvements to existing service provision. The chapter explores debates about targeting support for children caring for parents/relatives with HIV, issues of disclosure of HIV status for accessing services, and providers's views on whether efforts should be focused on preventing children being drawn into caring roles or on responding to children's support needs once they have taken on caring responsibilities.
Stephen Cretney
- Published in print:
- 2005
- Published Online:
- February 2010
- ISBN:
- 9780199280919
- eISBN:
- 9780191713170
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280919.003.0011
- Subject:
- Law, Family Law, Legal History
For many years, married women who needed protection used the Magistrates’ Courts, which had a (very restricted) jurisdiction to make orders in cases where wife and children needed financial support ...
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For many years, married women who needed protection used the Magistrates’ Courts, which had a (very restricted) jurisdiction to make orders in cases where wife and children needed financial support from the husband. How should those orders be enforced? Was there any scope for social work intervention? The State provided support through the Poor Law and then, after World War II, through welfare benefits; but should the adults involved be ultimately responsible for the cost? Eventually the Child Support Act 1991 introduced what was intended to be a modern and scientific system under which a Child Support Agency would use a formula to calculate responsibility for family support and have recourse to efficient business management tools to enforce the obligations. The scheme did not work out wholly as had been hoped.Less
For many years, married women who needed protection used the Magistrates’ Courts, which had a (very restricted) jurisdiction to make orders in cases where wife and children needed financial support from the husband. How should those orders be enforced? Was there any scope for social work intervention? The State provided support through the Poor Law and then, after World War II, through welfare benefits; but should the adults involved be ultimately responsible for the cost? Eventually the Child Support Act 1991 introduced what was intended to be a modern and scientific system under which a Child Support Agency would use a formula to calculate responsibility for family support and have recourse to efficient business management tools to enforce the obligations. The scheme did not work out wholly as had been hoped.
Robert I. Lerman and Elaine Sorensen
- Published in print:
- 2003
- Published Online:
- February 2013
- ISBN:
- 9780226533568
- eISBN:
- 9780226533575
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226533575.003.0010
- Subject:
- Economics and Finance, Public and Welfare
This chapter, which examines child support policies, especially the activities of the Child Support Enforcement (CSE) Program, and how they interact with transfer policies and affect the low-income ...
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This chapter, which examines child support policies, especially the activities of the Child Support Enforcement (CSE) Program, and how they interact with transfer policies and affect the low-income population, is organized as follows. Section 9.2 reviews the history of the CSE program, its rules, and objectives. Section 9.3 considers the economic rationale for government's role in child support. Section 9.4 describes trends in child support awards and payments. Section 9.5 discusses the importance of child support to low-income families. Section 9.6 examines the capacity of noncustodial parents to pay child support. Section 9.7 discusses the trends in costs and effectiveness of the child support program. Section 9.8 reviews the financing of this program. Section 9.9 examines the effects of child support incentives on behavior. Section 9.10 discusses remaining equity issues within child support. Section 9.11 considers several reform proposals. The final section draws conclusions about directions for the future of child support policies.Less
This chapter, which examines child support policies, especially the activities of the Child Support Enforcement (CSE) Program, and how they interact with transfer policies and affect the low-income population, is organized as follows. Section 9.2 reviews the history of the CSE program, its rules, and objectives. Section 9.3 considers the economic rationale for government's role in child support. Section 9.4 describes trends in child support awards and payments. Section 9.5 discusses the importance of child support to low-income families. Section 9.6 examines the capacity of noncustodial parents to pay child support. Section 9.7 discusses the trends in costs and effectiveness of the child support program. Section 9.8 reviews the financing of this program. Section 9.9 examines the effects of child support incentives on behavior. Section 9.10 discusses remaining equity issues within child support. Section 9.11 considers several reform proposals. The final section draws conclusions about directions for the future of child support policies.
James Kunz, Patrick Villeneuve, and Irwin Garfinkel
- Published in print:
- 2001
- Published Online:
- March 2012
- ISBN:
- 9781861342539
- eISBN:
- 9781447301738
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781861342539.003.0020
- Subject:
- Sociology, Comparative and Historical Sociology
This chapter examines child support among selected countries of the Organisation for Economic Co-operation and Development (OECD). It starts by presenting some background information on child support ...
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This chapter examines child support among selected countries of the Organisation for Economic Co-operation and Development (OECD). It starts by presenting some background information on child support in general, before providing an overview of the recent changes in child support policies in the countries that are examined. The chapter then describes the data and methodology that are used, before finally presenting the results and discussing their implications.Less
This chapter examines child support among selected countries of the Organisation for Economic Co-operation and Development (OECD). It starts by presenting some background information on child support in general, before providing an overview of the recent changes in child support policies in the countries that are examined. The chapter then describes the data and methodology that are used, before finally presenting the results and discussing their implications.
Grace Ganz Blumberg
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198268208
- eISBN:
- 9780191683442
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268208.003.0017
- Subject:
- Law, Family Law
This chapter deals with wealth redistribution when family members no longer share a common household. It traces the history of wealth redistribution at family breakdown in the United States during ...
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This chapter deals with wealth redistribution when family members no longer share a common household. It traces the history of wealth redistribution at family breakdown in the United States during the second half of the twentieth century. Three forms of wealth distribution are discussed: property division, spousal support, and child support. Mid-century began with a relatively long-established formal law of divorce, which corresponded to a well-established social model of the ideal family. Because spousal fault was not legally monitored, divorce was in fact freely available if parties were willing to negotiate the conclusion of their marriage. Given limitations on female labor force participation, most divorces were initiated by husbands, who obtained their freedom with property settlements (even in the absence of any marital property regime) and continuing support obligations. Although this system occasionally engendered egregious unfairness, it often produced rough justice, and results were in any event not remarkably different than under the successor regime.Less
This chapter deals with wealth redistribution when family members no longer share a common household. It traces the history of wealth redistribution at family breakdown in the United States during the second half of the twentieth century. Three forms of wealth distribution are discussed: property division, spousal support, and child support. Mid-century began with a relatively long-established formal law of divorce, which corresponded to a well-established social model of the ideal family. Because spousal fault was not legally monitored, divorce was in fact freely available if parties were willing to negotiate the conclusion of their marriage. Given limitations on female labor force participation, most divorces were initiated by husbands, who obtained their freedom with property settlements (even in the absence of any marital property regime) and continuing support obligations. Although this system occasionally engendered egregious unfairness, it often produced rough justice, and results were in any event not remarkably different than under the successor regime.
A. B. Atkinson and John Hills
- Published in print:
- 1991
- Published Online:
- September 2011
- ISBN:
- 9780198233008
- eISBN:
- 9780191678967
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198233008.003.0003
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter focuses on the measures that have emerged as components of the social-security systems of developed countries. It considers the lessons that developing countries may or may not be able ...
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This chapter focuses on the measures that have emerged as components of the social-security systems of developed countries. It considers the lessons that developing countries may or may not be able to draw from the experience of developed countries in devising social-security systems, concentrating on case studies of policies aimed at the support of children. The chapter notes that this serves to illustrate a number of key issues. It focuses on the situation in developed countries and considers how far the methods and approaches adopted in the analysis of policy in those countries do indeed suggest wider lessons of relevance to developing countries.Less
This chapter focuses on the measures that have emerged as components of the social-security systems of developed countries. It considers the lessons that developing countries may or may not be able to draw from the experience of developed countries in devising social-security systems, concentrating on case studies of policies aimed at the support of children. The chapter notes that this serves to illustrate a number of key issues. It focuses on the situation in developed countries and considers how far the methods and approaches adopted in the analysis of policy in those countries do indeed suggest wider lessons of relevance to developing countries.
- Published in print:
- 2009
- Published Online:
- June 2013
- ISBN:
- 9780804761291
- eISBN:
- 9780804772396
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804761291.003.0004
- Subject:
- Sociology, Gender and Sexuality
In Japan, single unwed mothers experience greater legal discrimination than other single mothers. These legal disadvantages are evident in the family register, a document that makes unwed mothers and ...
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In Japan, single unwed mothers experience greater legal discrimination than other single mothers. These legal disadvantages are evident in the family register, a document that makes unwed mothers and their illegitimate children easily identifiable. Under the family register, the legal relationship of illegitimate children with their fathers is also considered much weaker than that of legitimate children. Furthermore, unwed mothers face a host of obstacles when it comes to negotiations of child acknowledgment and child support in family courts. The legal differences between illegitimate and legitimate children may account for Japanese single mothers' very high regard for marriage and widespread willingness to avoid illegitimacy even at the price of abortion. This chapter examines the status of unwed mothers in the Japanese legal system and their thoughts and feelings about it. It first looks at how unwed mothers are treated in the family registry and household registry, before turning to how they fare in such areas as “prior attempted mediation” in family-related disputes, DNA testing, and child support payments.Less
In Japan, single unwed mothers experience greater legal discrimination than other single mothers. These legal disadvantages are evident in the family register, a document that makes unwed mothers and their illegitimate children easily identifiable. Under the family register, the legal relationship of illegitimate children with their fathers is also considered much weaker than that of legitimate children. Furthermore, unwed mothers face a host of obstacles when it comes to negotiations of child acknowledgment and child support in family courts. The legal differences between illegitimate and legitimate children may account for Japanese single mothers' very high regard for marriage and widespread willingness to avoid illegitimacy even at the price of abortion. This chapter examines the status of unwed mothers in the Japanese legal system and their thoughts and feelings about it. It first looks at how unwed mothers are treated in the family registry and household registry, before turning to how they fare in such areas as “prior attempted mediation” in family-related disputes, DNA testing, and child support payments.
John Eekelaar
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198268208
- eISBN:
- 9780191683442
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268208.003.0018
- Subject:
- Law, Family Law
Surveying the evolution of Western European family law from the early nineteenth century, Harry Willekens maintains that, despite surface national variations, there has been universal movement away ...
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Surveying the evolution of Western European family law from the early nineteenth century, Harry Willekens maintains that, despite surface national variations, there has been universal movement away from the pivotal role of legitimacy in determining parent-child relationships; from the marital and parental authority of husbands; from highly restrictive divorce; and from legal hostility to domestic cohabitation outside marriage. Mary Ann Glendon also remarks on ‘attenuation’ of the ‘ties that support’ in European and American families during the twentieth century, especially during the 1970s. The circle of family members owing each other support obligations narrowed; the former presumption that interspousal support obligations survive divorce was reversed; and, though child support obligations were retained after separation, their enforcement was feeble. Glendon then contrasted those events with the contemporaneous increase in security provided by employment, noting the growing importance of benefits (in particular, pensions) attached to specific employments. Individuals seemed to be becoming more bonded with their employment than with their marital partners. But Glendon did not see these new bonds as providing stable alternatives to those of the family.Less
Surveying the evolution of Western European family law from the early nineteenth century, Harry Willekens maintains that, despite surface national variations, there has been universal movement away from the pivotal role of legitimacy in determining parent-child relationships; from the marital and parental authority of husbands; from highly restrictive divorce; and from legal hostility to domestic cohabitation outside marriage. Mary Ann Glendon also remarks on ‘attenuation’ of the ‘ties that support’ in European and American families during the twentieth century, especially during the 1970s. The circle of family members owing each other support obligations narrowed; the former presumption that interspousal support obligations survive divorce was reversed; and, though child support obligations were retained after separation, their enforcement was feeble. Glendon then contrasted those events with the contemporaneous increase in security provided by employment, noting the growing importance of benefits (in particular, pensions) attached to specific employments. Individuals seemed to be becoming more bonded with their employment than with their marital partners. But Glendon did not see these new bonds as providing stable alternatives to those of the family.
Jessica Pearson
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198268208
- eISBN:
- 9780191683442
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268208.003.0023
- Subject:
- Law, Family Law
Court cases involving domestic relations are the largest and fastest growing of state court civil caseloads, comprising an estimated 25–50 per cent of all civil actions. Domestic relations cases are ...
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Court cases involving domestic relations are the largest and fastest growing of state court civil caseloads, comprising an estimated 25–50 per cent of all civil actions. Domestic relations cases are defined as those involving divorce, child support, custody, domestic violence, paternity, adoption, visitation, and interstate child custody. To deal with overburdened dockets, protect children from the harmful effects of adversarial proceedings, and accommodate the rising tide of allegations of dysfunction and the declining use of lawyers in family law cases, courts turned to alternative dispute resolution generally and mediation in particular. This chapter describes how courts in the United States have responded to the surge in domestic relations filings in families increasingly characterised by poverty and its attendant risks and dysfunctions. It examines the legal, political, and representation factors that affect how courts have responded to the deluge of domestic relations cases, including the trend toward joint custody and access, the aggressive enforcement of child support, and the trend toward self-representation.Less
Court cases involving domestic relations are the largest and fastest growing of state court civil caseloads, comprising an estimated 25–50 per cent of all civil actions. Domestic relations cases are defined as those involving divorce, child support, custody, domestic violence, paternity, adoption, visitation, and interstate child custody. To deal with overburdened dockets, protect children from the harmful effects of adversarial proceedings, and accommodate the rising tide of allegations of dysfunction and the declining use of lawyers in family law cases, courts turned to alternative dispute resolution generally and mediation in particular. This chapter describes how courts in the United States have responded to the surge in domestic relations filings in families increasingly characterised by poverty and its attendant risks and dysfunctions. It examines the legal, political, and representation factors that affect how courts have responded to the deluge of domestic relations cases, including the trend toward joint custody and access, the aggressive enforcement of child support, and the trend toward self-representation.