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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

173.0. "SocioEconomic Result of Bias Family Law" by RTPSWS::HERR (These ARE the good ole days) Thu Nov 07 1991 22:17

    Having been read only in this conference and gotten some valuable
    information I felt that I'd like to express an opinion (and generate
    discussion) on the net effect of "father discrimination".

    I don't really wish to debate rather "father discrimination" is
    perceived or real. For my purposes (and from what I largely gather in
    this conference) it is both reality and perception.

    My observation is simple :

    Inadequate/unjust judicial decisions extract an overall toll through
    resultant perverted behavior.

    There are lots of examples for this as I believe the Nobel prize in
    Economics was recently awarded to an individual who had spent a lifetime
    studying the distorted economic reactions resultant from various legal
    and contractual decisions.

    The easy side of the argument to make is the after effect in an
    inequitable settlement.

    Economic possibilities I can think of include -

    o The NCP suffers a severe financial setback and becomes a potential
      burden on society.

    o The NCP is overwhelmed by the change in scenario and shirks
      their new responsibilities.

    o A large disincentive to work (for both the CP and NCP) is created 
      through the addition of a "super tax".

    o The frictional costs associated with supporting the children are
      increased dramatically.


    Socially, there's

    o Now one of the parents is significantly better positioned financially
      creating an artificial barrier for the children.

    o Many children (I am most familiar with boys/fathers) growing up
      distrusting the NCP parent and feeling guilty about the CP.
      (Bly's book was very influential for me)

    I'm sure there are many more that I'm not aware because I haven't had
    to live in this scenario.


    However, I am also concerned about the behavioral effect on couples
    aware of the potential for seriously biased separation decisions. 
    In order to illustrate this I relate my own recent circumstances.

    Prior to this spring my wife was the primary care giver to our two (2)
    young sons.  The decision for my wife to remain entirely at home was
    primarily hers.  Although I felt fortunate to have our sons well cared for
    without the many hassles two income families often experience there was
    concern on my part that she might lose touch with the adult world.

    We owned a house had some modest savings the usual debt (school
    loans, car loan, etc.) etc...

    Fairly suddenly we separated and I went through an experience that has
    changed my entire outlook.  Having read and heard many horror stories
    (not the least of which where in this notes file) I got a quick and
    dirty education in family law.  I talked with three (3) lawyers, read
    literally dozens of books and even visited the UNC Law Library.  The
    stark conclusion,  "I was about to be screwed".  I do not believe
    this opinion to be particulars biased nor was my wife overly
    aggressive.  The simple fact was I had to operate from a severe
    disadvantage and had know real hope of custody even though I was
    clearly more capable of raising our sons as a single parent.

    This a big blow when you think that you've been operating in the best
    interest of your family since it's inception.  My personal decision was
    to not accept judgment from a kangaroo court.  Fortunately, before I
    had the opportunity to exercise a plan I had spent a tremendous amount
    of resources developing my wife and I got into counseling and we
    reconciled.  However, nothing is as it was before my great enlightenment
    which brings me to my objective (there really is a point).

    As part of our reconciliation agreement :

    o My wife now has a job that forces her to be out of the house
      slightly more than me.  We have to use a little daycare and life is
      quite a bit more hectic for no financial reward.

    o I have moved most of our savings (all of which I brought to the
      marriage) out of reach resulting in a loss on return and a further
      hassle.

    o I have paid of all of our debt including my school loans even though
      this results in a net financial loss.

    o I have taken a second mortgage and diverted the funds.

    o There is no financial, job, family decision that is not effected by
      my consideration of how it would wash in "Family Court".

    What I am demonstrating through my paranoid behavior is an economic and
    social miscarriage.  I must do what I can to preserve my ability to
    support my sons in the event a judge decides to "consider the welfare
    of the children".
                                                
    -Bob
    Regards
    
    -Bob
    
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173.1no motivationCSC32::HADDOCKthe final nightmareTue Nov 12 1991 09:3242
    I think the thing I hate most about "family law" is the total lack
    of motivation for the *female* to really *try* to work out the 
    problems in the marriage.  Well over half of the divorces in the
    U.S. are filed by women (I don't have the exact reference, but I
    know I remember this from somewhere).  No, I am not trying to 
    discount the situations here the *male* really is a jerk, abuse,
    drug/alcohol use, etc.  I have seen many a good man locked out
    of his house for no better reason than she could do it (another
    man, feninist brainwashing, too many soap opera's, mentaly unstable,
    etc, etc, etc) and  she "knew" that the chances were 99% that the only 
    thing that she would lose in the divorce was *him* and possibly 
    some income.  
    
    You looked into what was going to happen to you in a divorce and
    decided that trying to work out the marriage wasn't such a bad 
    idea.  What if your conclusion had been that you would have gotten
    the house, car, kids, a fair sized chunk of her income, and have 
    many eligible females crawling out of the woodwork interested in
    your body?  This is what many females look at when trying to decide 
    on divorce (replace female with male in last sentense of course).
    Unfortunately the female usually also finds out too late that 
    divorce isn't all it's cracked up to be.  
    
    When a man comes to me and is trying to decide on divorce, I try my
    best to talk him into counseling *first*.  Make divorce the *last*
    resourt.  After all of what I have been saying, though, couseling 
    isn't a guarantee of success. I did try *everything* in my power to 
    save the marriage, but failed.  It takes two make a marriage and 
    only one to make a divorce.  However, I still believe that I was 
    correct in trying to save the marriage.  At least I know that I
    *did* try *everything* in my power.  That is one of the reasons
    I can be so certain about what I say and do now.  History, and 
    what has happened to my children, to me, and even to her have proven 
    that I was correct.  I was not dealing with a sane and rational person,
    and in her mind she had nothing to loose and everyting to gain, but 
    I still believe that *two* sane and rational individuals *can* work out 
    their differences and don't just have to "tough it out for the sake 
    of the children".  You may have to swallow a little of your pride, but 
    that is *nothing* compared to what is going to get shoved down your 
    throat in a divorce.
    
    fred();
173.2I agreeGEMVAX::BRACETue Nov 12 1991 10:297
    Re: .1
    
    Fred -- AMEN!
    
    You said it *very* well.
    
    Steve
173.3AIMHI::RAUHHome of The Cruel SpaTue Nov 12 1991 10:301
    .1 Ditto Fred! well said!
173.4It's legalized extortion.CSC32::LECOMPTEMARANATHA!Wed Nov 13 1991 01:3829
    
    	This topic has recently (try last night) and over the past
    few months become more and more a reality to me and my wife.  My
    ex has a decent job but took us back to court last year for more 
    child support.  
    
    	She clearly does not spend the bulk of the child support money
    on my sons and has even told them that the money is not theirs.  Now
    I know I could do a MUCH BETTER job of raising my sons then my ex does
    especially with the money that I pay in child support.  
    
    	I think what is most irritating and what has really started to
    effect my current family situation is that she takes home 40% of my
    paycheck.  The courts (at least in Colo.) totally overlooked the fact
    that I have another family to support.  I make between $5k & $8k more
    then my wife but she brings home more then $100 more a week then I do.
    My wifes health has been severely effected by the stress that has been
    brought on by my ex, both financially and through emotional blackmail
    concerning my sons.  Both of my sons have said that they would rather
    live with us and they love my wife (I think, even more then they love
    their mother).  But, I am at a loss as far as legal options.  
    
    	It seems like the court systems are the ones that are setting up
    for second marriages to fail.  It's tough to have to deal with such
    stress.  It also places the children in a position of being resented
    because of the greed of the CP.
    
    	Can I cry now?
    	     _ed-
173.5Yes, you can cry.AIMHI::RAUHHome of The Cruel SpaWed Nov 13 1991 07:411
    
173.6Permission to cry now.....TROOA::AKERMANISԥ�Wed Nov 13 1991 09:3819
re: .4,

It just seems to me too that, the system takes everything into consideration
when they look at the CP's situation and screw you for more child support. By
this I mean, they include his/her debits (loans, credit cards, house hold bills,
failed business debits, mortgage), ignore just about everything else for the CP.
The NCP on the other hand, they ignore all debits, that you pay rent/mortgage,
have a second family and only look at your pay check and decide you can pay more
to the CP. I have a hard time with this injustice and there is sure is no such
thing as equal rights under such bias.

I remember going to court a few months back, all my debits were ignored, they
asked for my new SO's income statement (fortunately she wasn't working or been
working for a few months) and were only interested in what I made. On the other
hand the ex's income was taken and subtracted all her debits and IGNORED her
SO's income, an no questions asked to suppport expenses (I on the other hand had
to defend mine only to have them ignored anyway). Then the court just decides I
could afford paying XXX dollars. Case closed. Talk about one sided and unfair
treatment.
173.7RTPSWS::HERRThese ARE the good ole daysWed Nov 13 1991 20:3413
    
    I'm curious if any of you have considered trading your permanent
    employee status for a 1099 or other self employed scenario.  While this
    probably won't help your current support plan it could make it a lot
    harder to bump as circumstances change.

    Along those lines I can think of a number of financial vehicles
    (trusts, foriegn holdings, etc.) that might help even the playing
    field.  Has anyone tried this or is it to late after the initial
    action.
    
    -Bob

173.8I wouldn't suggest itGEMVAX::BRACEThu Nov 14 1991 08:3217
    Bob, unless you plan to get the majority of your $$ from companies
    other than Digital, I would not recommend trading permanent status for
    self-employment.   This is because Digital as a general rule refuses 
    to deal with individual consultants and instead requires everyone to go
    through a small number of approved agencies.  You sign up through the
    agency, work at Digital, and get paid by the agency... on a W2.  Even
    though hours may be variable, they generally look at the average over
    the last couple of years and set the %/$$ for support by that.  (And,
    it's just TOO BAD if you don't make at least that...!)  Since you get
    paid on a W2 your wages can be attached just like any permanent
    employee.  (I use the word "permanent" here to mean that one is
    directly on the company's payroll.)
    
    If you are truly "self-employed" without a large % of your income from
    any one source/client, then your "wages" cannot be attached.
    
    Steve
173.9Gee sorry officer, we got a liitle out of hand...TROOA::AKERMANISԥ�Wed Nov 20 1991 08:4127
Talking about bias,

[story went something like this]

A group of women at a stag party someplace in Canada recently, got a little
carried away in a bar. Several male patrons, not part of this group, where
striped down to their under wear if not totally naked for all the women to see.
The police arrived and no one wanted to file any charges, nor did the police lay
any charges. Some father of one of a 20 year old wanted charges laid, but the
police did nothing other than get the situation under control and departed.

There was only speculation as to why the males did not want to file charges. It
was speculated that it was because they were males and men can handle them
selves and are not vulnerable as women, or they could see the humor in all
this and played along.

One of the equal rights groups were of course rather upset by the events saying
that charges should have been laid and there was clear case for sexual assault.
If the gender of the two parties were reversed, the males would all either be in
jail or had charges of sexual assault laid against them.

[end of verbiage]

There is some truth to what the equal rights group has stated, but I also
suspect that under circumstances, common sense prevailed and everyone went home
happy. I do some what agree if the genders were reversed, the out come would
have been different.
173.10second that motionCSC32::HADDOCKthe final nightmareWed Nov 20 1991 08:524
    re .9
    
    I agree.
    fred();
173.11Let's do the old side step here....TROOA::AKERMANISԥ�Mon Nov 25 1991 10:123
Further to the story in .9, the law sure does move in strange ways. Now they are
talking about charging the bar owner for not stepping in and putting a stop to
the incident.