Friday, February 18, 2011

Child Support Reform

Family Law - Child Support Issues

Several states within the United States are in the midst of child support reform debates. The main ideals and criteria on the table have more to do with fairness between the adults, and far less to do with what may be considered 'fair' to the child.

If child support reforms are to have any lasting value, they must always encompass the needs of the child first. In this country where having children is typically not seen as a financial decision, the attitudes of the adults involved, it would seem, is what really needs to undergo radical reform.

On the table for debate are typical waiting periods for increases and decreases in support to take effect; which are governed by statutory laws and slow to change. Arguments for custodial parents who are not given increases when a non-custodial parent earns more money, are as abundant as the counter-point of non-custodial parents who are not given a decrease in support payments during periods of financial hardship or job loss.

At further issue, are concerns resulting from the involvement of the non-custodial parent with step-children, or further biological children, and mandating decreases based upon their extra obligation to the new family member(s). A major caveat in adopting this standpoint, is that the door then opens for further legislation where adults who are already living beyond their financial means or capabilities, are granted leniency for responsibilities owed to past biological offspring.

This outlook would effectively reward those parents who are merely joining with another parent to help offset the cost of raising their children together, whether or not any intimate relationship bond existed. And even in the event of intimate bonds, there needs to be some sort of inner compass at work that determines whether you are able to actually afford more children without neglecting those you already have. This kind of reform would send a rather clear message to biological children of divorce that their needs are not as important as the needs of either the adult, the step-children, or any new biological children. This does not seem to be in the best interest of the child at all.

Divorce, child custody, and child support in this country do need to be re-evaluated, but not from the perspective of the adults involved. Teaching adults to live within their means, learn self-respect and loving behavior and habits, and how to determine whether another child is something they can feasibly afford, needs to be the main focus in child support reform. When taken in combination with the actual monetary needs of the child, ie. how much food costs per week, what portion of the living expenses can be allocated for the child, school, healthcare and activities, etc., this type of reform would benefit everyone involved.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

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