Symposium

Insight on the News, August 2, 1999 by Stephen Baskerville, Geraldine Jensen

Q: Is court-ordered child support doing more harm than good?

Yes: This engine of the divorce industry is destroying families and the Constitution.

Geoff came home one day to find a note on the kitchen table saying his wife had taken their two children to live with their grandparents. He quit his job as head of his department in a university and followed. He was summoned to court on eight-hours' notice and, without a lawyer and without being permitted to speak, was stripped of custody rights and ordered to stay away from his wife and children most of the time. Because he had no job, no car and no place to live, his mother cancelled a pending sale of her house, and he moved in with her. Geoff and his mother now pay about $1,200 a month to his wife and her wealthy parents, and he is left to live and care for his two children on about $700 a month. A judge also threatened him with jail if he did not pay a lawyer he had not hired. When his temporary job ends, the payments must continue, and he is not permitted to care for the children while unemployed. He also expects to be coerced into paying more legal fees. He has never been charged with any wrongdoing, either criminal or civil.

Geoff's experience increasingly is common. In fact, it is epidemic. Massive numbers of fathers who are accused of no wrongdoing now are separated from their children, plundered for everything they have, publicly vilified and incarcerated without trial.

About 24 million American children live in homes where the father is not present, with devastating consequences for both the children and society. Crime, drug and alcohol abuse, truancy, teenage pregnancy, suicide and psychological disorders are a few of the tragic consequences. Conventional wisdom assumes that the fathers of these children have abandoned them. In this case the conventional wisdom is dangerously wrong. It is far more likely that an "absent" father is forced away rather than leaving voluntarily.

In his new study, Divorced Dads: Shattering the Myths, Sanford Braver of Arizona State University has shown conclusively that the so-called "deadbeat dad," one who deserts his children and evades child support, "does not exist in significant numbers." Braver confirms that, contrary to popular belief, at least two-thirds of divorces are filed by mothers, who have virtual certainty of getting the children and a huge portion of the fathers' income, regardless of any fault on their part. The title of Ashton Applewhite's 1997 book says it succinctly: Cutting Loose: Why Women Who End Their Marriages Do So Well.

Other studies have found even higher percentages of divorces filed by mothers, and lawyers report that, when children are involved, divorce is the initiative of the mother in virtually all instances. Moreover, few of these divorces involve grounds such as desertion, adultery or violence. The most frequent reasons given are "growing apart" or "not feeling loved or appreciated." (Surveys consistently show that fathers are much more likely than mothers to believe parents should remain married.) Yet, as Braver reports, despite this involuntary loss of their children, 90 percent of these deserted fathers regularly pay court-ordered child support (unemployment being the main reason for nonpayment), often at exorbitant levels and many without any rights to see their children. Most make heroic efforts to stay in contact with the children from whom they are forcibly separated.

The plight of unmarried inner-city fathers is harder to quantify, but there is no reason to assume they love their children any less. A recent study conducted in Washington with low-income fathers ages 16 to 25 found that 63 percent had only one child; 82 percent had children by only one mother; 50 percent had been in a serious relationship with the mother at the time of pregnancy; only 3 percent knew the mother of their child only a little; 75 percent visited their child in the hospital; 70 percent saw their children at least once a week; 50 percent took their child to the doctor; large percentages reported bathing, feeding, dressing and playing with their children; and 85 percent provided informal child support in the form of cash or purchased goods such as diapers, clothing and toys. University of Texas anthropologist Laura Lein and Rutgers University professor Kathryn Edin recently found that low-income fathers often are far worse off than their government-assisted families, "but economically and emotionally marginal as many of these tamers are, they still represent a large proportion of low-income fathers who continue to make contributions to their children's households and to maintain at least some level of relationship with those children."

Yet the voices of these fathers rarely are heard in the public arena. Instead we hear the imprecations of a government conducting what may be the most massive witch-hunt in this country's history. Never before have we seen the spectacle of the highest officials in the land -- including the president, the attorney general and other Cabinet secretaries, and leading members of Congress from both parties -- using their offices as platforms from which publicly to vilify private citizens who have been convicted of nothing and who have no opportunity to reply.