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Opportunity 08: Domestic Policy Issues

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steve66oh Avatar
steve66oh
Posts: 1
Posted: 01.03.08, 05:23 PM
Dr. Haskins says: "But all of these other wonderful reforms that I talked about largely do not apply to males. So we need an income supplement for these low income males that they can get without having custody of the child, that's how you get the cash through the no income tax credit."

He's almost right, he hints at the truth. Actually, all these wonderful reforms do not apply to -noncustodial parents-. Consequently, each of the reforms serves to increase the advantage of being a custodial parent instead of noncustodial. Earlier, Haskins commented on the increasing number of single parent homes, whether by divorce or by unmarried birth. The thing about divorce is, it only happens when one person chooses to file a divorce. Anybody with a degree in psychology can tell you that people decide to do things when they perceive a benefit from the action that is unattainable otherwise - they act to attempt to secure perceived benefits. Filing a divorce is an action in this category. Declining a marriage proposal is an action in this category. The fundamental question is: What are the perceived benefits of single parenthood over marriage which motivate these decisions? I believe that marriage represents uncertainty, "for better or worse", while the suite of government programs (from CS collection to EITC to Dependent Care credits to the "work support system" Haskins describes) represent security. In uncertain economic times, particlarly among people near the bottom of the economic spectrum, the security of these government programs is more attractive than the uncertainty of getting or staying married - they become a government divorce incentive system.

One thing is required for this to work, my point is completely destroyed if this is disproven, and I invite anyone to publish research data on this: For the divorce incentive system to work, the divorce plaintiff must have a positive expectation of winning sole custody. In other words, it must be known that the no-fault divorce petition will probably be interpreted as a demand to exclude the other (defendant) parent from the family, instead of as a request upon the judge for permission to leave the family. Margaret F. Brinig, in "These Boots Are Made For Walking: Why Most Divorce Filers Are Women", does a much better job of describing "expectation of sole custody" and its effect on the outcome of divorce filing decisions. She also says that in some jurisdictions, 80% or more of divorces are filed by women. Again, presumably, these women aren't choosing to deliberately sabotage their economic health, they're attempting to secure benefits for themselves and their children. The U.S.C.B. reports (Pub. P60-230) that 83.1% of sole custodial parents are female. Knowledge of this is the assurance to a female plaintiff that she can file with almost 85% confidence in the outcome. For their part, the states are beneficiaries of a federal program (42 U.S.C. 658a) that pays them money in proportion to the size of their CS programs, which is dependent on the number of divorces. More divorces = more money for states. So the states have an incentive to preserve the preference for mothers in sole custody awards.

To break this cycle and remove the government sponsored financial incentives for divorce, the divorce courts must begin to recognize that the no-fault defendant parent has FUNDAMENTAL parental rights which can not be taken without clear and convincing evidence of compelling state interest and narrowly tailored interference only when necessary to secure only the compelling interest. This would establish a presumption of custody to the no-fault defendant, and turn a no-fault petition into a request to leave and pay support money. In this paradigm, divorces would fall sharply and more people (adults and children) would benefit from more intact marriages. The reduced backlog in divorce courts would facilitate more effective service to those who DO need divorce to escape their abusive spouses. AND, divorce court is a civil court, the requirement to prove unfitness will shift the prosecution of abuse back to the criminal courts where it belongs.

One consequence of this is revealed by Dr. Alan Carlson's data, reported in his book "Fractured Generations", that over the past 40 years, while US population has increased by 25%, housing units have increased by 65% (and home size is larger too). This can only mean that we're living fewer to a household, paying more of our per capita GDP on servicing extra mortgages and energy expenses and depreciation of more appliances and consumer goods. A successful marriage/family protection policy will create a surplus of housing units, reducing real estate values and creating a demand for immigration policies to fill the empty homes. In other words, the housing boom of the past few decades is artificial, and traceable to bad family policy. The boom will bust one way or another (mortgage crisis) but that's a small cost compared to the legacy of 30 million single parent kids.

For non-married parents: a policy of protecting equal time and parental authoriy to each parent, at least until one or the other is proven unfit, with the bulk of each parent's monetary support spent directly during their share of time, would simultaneously demand more responsibility from both parents and reduce the motivation to decline marriage.

The best program for strengthening families and children is right in the 14th Amendment: equal protection of fundamental (parental) rights, and due process protection appropriate to fundamental liberties as prerequisite of any interference with parental rights.
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