Monday, September 03, 2007

[child support] nice little conundrum

The way it ought to be

Warning - please do not read this if you're prone to either high blood pressure, tears or anger with Higham over his outrageous statements. This post is about something which has touched a raw nerve and it pulls no punches. Thank you.

Plus it's all hypothetical.

Lord Nazh started a train of thought on the abortion issue, putting a hypothetical where if a man didn't want the child [I think] and she did, then she had the child and:

A period of time later, you split up (in no relation to said pregnancy). Here's the question: should it be his choice whether to support the child or not?

That's a difficult one.

It seems to me that there are two issues to payments overall.

Firstly, the upkeep and upbringing of the child and it would be a pretty low father who wouldn't contribute to his child's education, clothing and so on because it's his own flesh and blood.

In principle, here, there's agreement.

However, just as it was within the marriage, so it must be outside. If the woman expects payment to be made for the child, then the man has a right to be in on the decision as to what is being paid for, e.g. new school, new outfit, holiday with a school group and so on.

If he completely disagrees, e.g. she wants one school but he wants the son to go to his old school and she's known this for a long time, then he has every right to refuse to pay on this particular issue. Trouble is, as so much divorce is due to unreasonableness on the part of one or both, it's likely to be so here as well.

Then we come to the question of her new husband or boyfriend. There is so much dishonesty going on here and I can vouch for that because I've been in both positions - both the boyfriend and the poor sod who was paying.

As the boyfriend, I was told that I wasn't officially living with her, that we didn't officially sleep together and that I was officially "just a friend", otherwise she wouldn't get a penny from him. She couldn't see that I might sympathize with my fellow man here. I was in a position to keep her myself and wanted to but it wasn't enough cash for her plans.

With the boot on the other foot, how much should the new man pay? I can't do much about her living with someone who is not the father of my child and I do feel that if I'm to have any say in my child's upbringing, logically I need to pay for that right but again - how much should the new boyfriend also be contributing?

On this first issue, I'm open to argument.

The second issue is money directly to her to keep her in her lifestyle - alimony. Over my dead body. Now she knows this and therefore presents it as payments for the child but my way round that is to directly go to wherever payment is required - school, health insurance, whatever - and pay the cost for my child over the counter and get the receipt.

Of course she doesn't like that and wants a set payment each month. My response is - of course I'll pay a set amount each month, no problem. Just send me the bills and I'll pay them - even beyond the set amount and no quibbling.

But she's not getting a penny for herself.

Into this comes the risibly named Child Support Agency, the only group whose premises I've ever considered blowing up. Of course, as every father knows, it has zero to do with child support and everything to do with extorting the maximum possible out of the ex-husband to supplement her life with her new man.

As I said before - over my dead body.

I'd rather go to prison, seriously. Regulars here know that if I've been unfair and you can show that, I'll backtrack. On this issue though, I feel strongly that it is completely unreasonable that if a woman has chosen to depart, that any further payments need to be made to her except for the children and then directly.

The objection to this is what if she's alone and not working?

Now we get into a really nasty area. Is she alone? I know she's as pretty as a picture and a charmer, I know of three guys alone who would have moved onto her once I departed so what's the score here?

She stays alone and brings a boyfriend in for the occasional adultery, charms men into doing the maintenance work she doesn't want to herself and therefore has a case to be financially supported from a distance, no?

I say not. She has to take responsibility for her actions. She chose to separate her child from his father so she has two choices - be truly independent, as the feminists would say, leaving him to cover the bulk of the child's costs and that's all. Or else she makes some arrangement with the men she brings in.

That's her business in which I shouldn't interfere.

But in all of this there is one body, one group, who have zero say in any of it - the Extortion of Ex-Husbands Agency. That body is something up with which I flatly refuse to put.

11 comments:

  1. James, I find nothing I can disagree with here! I think fathers have a hard time of it, frankly.
    One thing I would ask, as you mention "flesh and blood": what if the child is adopted and there's a split?

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  2. "...it would be a pretty low father who wouldn't contribute to his child's education, clothing and so on because it's his own flesh and blood." Unfortunately, I've heard about plenty of that class of fathers here in the US. However, I agree with you. Just pay for the kid. If the chick wants money for her lifestyle, too bad! Get a job!

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  3. This comment has been removed by the author.

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  4. Furthermore, I'd like to point out that this is a human being we're talking about, not a paycheck. If either the guy or the chick views the kid thru the, "it's only a thing that sucks money out of my pocket" lens, they need some serious help and to be slapped a few times across the face. The kid hasn't done anything wrong.

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  5. I don't know, seems like there are serious control issues here - is that why she left?

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  6. I agree with alot, but not all,of what you have said James.Barring the woman wanting to have extra money for clothing say....I think that costs other than the child's food, dental, clothing...should be factored into it. A woman alone with children has additional costs that are hidden, such as needing a bigger place to house children, babysitters she would not need w/out kids and taking days off work when they are ill.
    Nearly all woman's pay cheque and lifestyle is given over for a her children, something men often forget.
    If she is with another man then the man should contribute to her lifestyle alone and her child costs should still be shared with the father.
    I think all children have a right to love and support of both parents whether or not the father wanted to become one or not. I am amazed by the amount of men who make the assumption a woman is on the pill or that birth control is her sole responsibility. Too late to cry after the fact.
    On the whole though, I can see how hard it must be for fathers to have to upkeep themselves and a child in two separate households, which is expensive expecially if the marital breakdown was not his fault.
    People need to invest a decent amount of time in a marriage before even thinking of bringing children into it, I think.
    I do like your solution,paying directly rather than to her. Very sensible solution.
    Great post.

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  7. Well you've covered a lot of ground here James and actually they are different issues, although they often overlap.
    Case one: child born which mother wants, father doesn't. If unmarried I think the mother never expects the father would contribute if he didn't want the child and wanted her to abort and took that into account. If he contributes it may be a bonus. Of course the court would think differently if approached. If married, a child is a possible outcome, even if not planned, so he should contribute to the child's upbringing. If she is working both salaries should be taken into account to establish an amount. If not the issue becomes more complicated and an alimony issue arises.
    Now talking about alimony: If no children then no alimony, unless she/he has given up a career to further the career of the other.
    If children, even if grown, mother may have given up career for raising children and getting divorced in middle age one finds it extremely difficult to find work that would pay enough to have a reasonable lifestyle. Then alimony may be necessary even for a specified period to give time to establish herself if young enough.

    An aside, if it is his idea to run off and not a mutual decision then he should support her (if not working) for a period. If she runs off, then she should not expect support for herself unless an issue of abuse, either physical or alcohol or similar.

    The truth of the matter is whatever system is in place to cover child support and/or alimony there are always cases of terrible hardship and inequity.

    I have seen amongst friends both women who were very hard done by and men who were also penalized unjustly by the system. I think that there should be leeway in whatever system to take into account all the different factors which not always can be spelled out in legislation.

    New relationships just add another complication.

    Frankly James, this topic would need a book to consider all aspects and not just a post in a blog.
    regards
    jmb

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  8. You expounded well James, but you left my hypothetical mostly out of it :( You have many more readers, so I wish you had added more of it.

    Remember both the man and woman were pro-choice, the woman decided to have said child against the objections of the man, THEN they split up.

    If you havn't please read the whole thing (and note: I did say that people should do it morally, it was a hypothetical after all)

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  9. James,

    In creating the Child Support Agency, the Conservatives managed to nationalise paternity, for no purpose other than keeping the unemployed of Blackpool and Falkirk off the streets.

    Can you think of anything more stupid?

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  10. Stupid me - writing such a post just when I go back to uni becasue each comment needs its own post, as JMB intimated.

    WCL - Adopted child - phew, now that's a curly one. We'll think on't.

    Matt - both comments right.

    Shayla - control issues? Yes there were but I didn't want to speak ill of someone who can't put her side here.

    Uber - good comment and I hear the woman speaking loud and clear. In the end it really comes down to ex- hubby [child], new lover [her].

    JMB - just went through paragraph by paragraph and had to agree with ALL points. That must be a first for us.

    Lord Nazh, you're right and I'm sorry and will discuss your specific issue in a separate post, hopefully tomorrow morning.

    Martin - hello, stranger and welcome. Yes, I agree as usual here.

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  11. I didn't know you had a child.

    Or was this hypothetical?

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