The Money Is Too Big for Unfair Divorce Court Setup to Change

 By Shane Flait © 2010

 

Divorce and paternity suits are big business. That’s because family court is setup to keep incentives to divorce high for women, lawyers and a host of court-related personnel. Those incentives translate into big money. The money is big because the loss to fathers – and their children - is so big.

 

This article shows you where the money in divorce is, why it’s so big, and why the system won’t change.

Every year thousands of people enter into family court suits. About 50% of marriages end in divorce. Additionally, women having children out of wedlock file an enormous number of paternity suits.

It’s interesting to note that the percentage of divorces for second marriages is even higher than for first marriages. This means either people still haven’t learned what makes a successful marriage, or some people have learned how to make divorce a successful enterprise. Unfortunately it’s the latter reason.

 

Mothers incentive to divorce

Women file for divorce 80 to 90% of the time. They’ve learned which way the ‘chips fall’ in family court. That means they can pretty much count on:

·         Getting custody of the children in spite of having a fit husband

·         Having virtual parental control over the child(ren)

·         Receive half or much more of the marital assets

·         And most importantly, receive what is euphemistically called ‘child support’ payments from the father every week for up to 23 years in some states.

 

A woman filing a paternity suit can count on everything above except a share of marital assets since she wasn’t married to the father of their child.

 

These child support payments are designed – according to child support guidelines - to keep the mother and children living at the same standard as they had when they were married, supported by the husband. Of course, that can only happen by extorting so much money from him every week that he’ll have to live in a studio apartment, at his aging parents’ home, or in a cellar somewhere.

 

What’s especially nice is that child support payments carry no legal responsibility to be spent in support of the children. But ‘child support’ sounds nice and makes the father such a ‘villain’ when he’s unable to make the ‘extortion level’ payments that can often be a third of his gross income – i.e. before taxes.

 

Extortion is an accurate descriptor because if he doesn’t pay everything ordered, he’s put in jail under contempt of court. No other parent in society is punished and criminalized for having trouble making ends meet; and to think that the money doesn’t even have to be used for the child’s welfare.  

 

Fit fathers fight for their right to parent their children at least equally to the mother

The above ‘chips’ that fall to the mothers do so because the family court setup denies a fit father his right to parent his child – and that includes directly supporting his child. Not even equal parenting time is guaranteed to a fit and willing father. This violates his constitutional right to parent by denying him the constitutional due process to protect that right – i.e. a jury trial proving his unfitness at a clear and convincing level.

 

Without the ‘acquiescence’ of the mother, the fit father is generally forced into being a noncustodial parent paying those weekly extortion payments (euphemistically called ‘child support’) under the threat of jail. The mother can request the family court to increase these payments each year as the father’s income increases – keeping him at barely a survival of existence.

 

Fathers are shocked and appalled at how the family court abridges their fundamental rights to their children and controls their income. They spend whatever they have to fight in a court for their right to their children and determine the use of their after tax earnings. And they have to do this for years until their children reach 18, 21 or up to 23 years depending on the state having jurisdiction.

 

Lawyers, court-related personnel and affiliates thrive on family court unfairness

The family court setup, perverted from it original function and procedures, abridges the protection of fundamental rights- most often of fathers. Nowadays, its primary ‘doings’ is creating noncustodial fathers, recurring ‘transfer’ payment litigation and fatherless children.

 

Inherent in these ‘doings’ is big money. Family court case loads have exploded over the years to increasingly funds lawyers, court personnel, and an enormous ‘child support’ industry – both state and federal. Beyond and including this is the multi-billion dollar divorce and domestic violence industry. All these benefit from the court’s violation of constitutional due (fair) process.

 

This industry as a whole is well able to prevent any change in the family court setup that’d force constitutional protections for both litigants. There’s just too much money, political influence and connections under their control.