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Ira Mark Ellman - One of the best experts on this subject based on the ideXlab platform.
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Child Support Judgments: Comparing Public Policy to the Public's Policy
International Journal of Law Policy and the Family, 2014Co-Authors: Ira Mark Ellman, Stephen Mckay, Joanna Miles, Caroline BrysonAbstract:Any child support regime necessarily makes policy choices about how Parental income should be shared between the two Parental households. Those choices involve balancing the claims of the child, the claims of the Custodial Parent for help with the expenses of providing for the child, and the claims of the support obligor for autonomy in deciding how to spend his own earnings. That balancing task is complicated by the fact that the child and the Custodial Parent necessarily share a living standard, so that any child support transfer, large or small, will unavoidably benefit the Custodial Parent as well as the child. This article reports the findings of an empirical study designed to reveal the policies favoured by the British public on these questions. It then compares the public's preferred policies to the policy choices implicit in the current UK child support schedule. It concludes that there are important gaps between the two, and recommends that consideration be given to amending the current UK law to better align it with the public's values on these matters. This paper, aimed at an academic audience, is a more comprehensive and technically complete presentation of an earlier paper, "Child Maintenance: How Much Should the State Require Fathers to Pay When Families Separate?", which was aimed at a general audience and published online as part of British Social Attitudes 2013.
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Lay Intuitions About Child Support and Marital Status
SSRN Electronic Journal, 2011Co-Authors: Ira Mark Ellman, Sanford L. BraverAbstract:Given the fact that the child and Custodial Parent generally share a living standard, there is some tension between the traditional rule excluding marital status altogether as a consideration in setting child support levels, and the traditional American rule making marriage an absolute requirement in claims by one spouse against the other for support (traditionally, ‘alimony’) for herself. How should that tension be resolved? This paper is part of a larger project investigating how ordinary citizens resolve such policy problems, by asking them to decide a series of cases that systematically vary critical facts so as to reveal the underlying principles animating their views. This study extends the authors’ prior child support studies by (a) expanding the range of paternal incomes presented to respondents, and (b) examining the effect of the Parents’ marital status and relational duration. We replicate our prior findings on the impact of Parental incomes, and the disparity between them, across the expanded income range, and our finding that, overall, citizens favour higher support amounts than the law provides when Custodial Parent income is low, but lower support amounts when the Custodial Parent income is higher. We also now find that our respondents would increase support awards for low income mothers (over current levels) by larger amounts when Parents had married than when they had cohabited, and would give the lowest awards to mothers who had had no relationship at all with the father beyond the single sexual act leading to the child’s conception. We explain why the pattern of their support awards suggests that in setting child support levels our respondents give more weight than current American law to the children’s interests.
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Relocation of Children after Divorce and Children's Best Interests: New Evidence and Legal Considerations
Journal of Family Psychology, 2003Co-Authors: Sanford L. Braver, Ira Mark Ellman, William V. FabriciusAbstract:State courts have rightly termed relocation cases, in which a Custodial Parent's desire to move away with the child is opposed by the other Parent, one of the knottiest and most disturbing problems courts face. The recent trend is to permit such moves. This trend was encouraged by Judith Wallerstein's influential but controversial amica curiae brief in the California Supreme Court case of Burgess v. Burgess, which argued that allowing such moves is generally in the child's interests because social science evidence shows that in general, what is good for the Custodial Parent is good for the child. Subsequent papers have challenged Wallerstein's characterization of the social science evidence, but in fact there has been no single study offering direct evidence on this question. The current study, which divides college students whose Parents were divorced into groups based upon their Parents' moveaway status, sought such direct evidence. We find statistically significant differences favoring children of divorce whose Parents did not move, on a variety of outcomes, as reported by the students themselves. These results suggest that the child's interests require separate consideration from that of the Custodial Parent's in the rules by which such relocation cases are decided.
Gísley Sesselja Hrafnsdóttir 1988- - One of the best experts on this subject based on the ideXlab platform.
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Réttindi barna og foreldra í forsjár- og umgengnismálum
2019Co-Authors: Gísley Sesselja Hrafnsdóttir 1988-Abstract:Verkefnið er lokað til 18.09.2022.Réttur barna hefur réttilega verið kappsmál í íslensku þjóðfélagi. Hann hefur í áranna rás tekið miklum breytingum hérlendis og má rekja þær breytingar til Samnings Sameinuðu þjóðanna um réttindi barnsins og lögfestingu hans hér á landi. Lög kveða á um það að börn skuli ávallt njóta þeirra réttinda að lifa, þroskast og fá vernd, umönnun og önnur réttindi í samræmi við aldur. Hagsmunir barns skulu ávallt vera í fyrirrúmi, sem og þarfir þeirra og vilji. Ritgerðin fjallar um réttindi barna til þess að þekkja báða foreldra sína og hvernig sameiginleg forsjá hefur þróast á þann veg að foreldrar taki nú jafna ábyrgð á lífi barns síns. Einnig verður komið inn á forsjá almennt, hvernig umgengni er háttað og ákvörðuð í samræmi við það hvað sé barninu fyrir bestu. Að lokum skoðar höfundur þróun á ákvörðun forsjár eftir að sameiginleg forsjá varð að meginreglu, heimild dómara til að dæma sameiginlega forsjá og fjallar einnig stuttlega um umgengnistálmanir af hálfu forsjárforeldris í garð umgengnisforeldris.Children’s rights have long been at the forefront of Icelandic society. Throughout the years the rights of children have undergone various changes that can be traced to The United Nations Convention on the Rights of the Child and its ratification in this country. Laws state that children should have the rights to life, growth, protection, care and other rights in accordance to their age. The best interests of the child should take precedence, as well as their needs and will. The essay focuses on the rights of children to know both their Parents and how joint custody has developed in the sense that Parents are now taking joint responsibility of their children’s lives. It looks at child custody in general, how physical custody works and how it is determined according to what’s best for the child. Finally, the author examines how custody arrangement determinations have evolved since having joint custody became that main principle, the authority that a judge has to order joint custody and the author also touches shortly on when the Custodial Parent is limiting or interfering with the contact between the child and the other Parent
Ludwig F. Lowenstein - One of the best experts on this subject based on the ideXlab platform.
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What if the Custodial Parent Refuses to Cooperate With Child Contact Decisions
Journal of Divorce & Remarriage, 2011Co-Authors: Ludwig F. LowensteinAbstract:This article considers the failings at present of the judicial system in not being even handed in providing justice for the nonCustodial Parent, who has for whatever reason been ousted from the relationship and has poor, if any, contact with his or her children. The advice being provided by the current psychologist dealing with such cases is for the judiciary to adopt a much firmer approach. This will lead to the judiciary being respected rather than being considered unjust. The article is concerned with severe Parental alienation and provides a solution to the situation to prevent further emotional abuse of children against an absent Parent. The author encourages mediation to commence with and then continue when making decisions as to who should have custody of the children who have been emotionally abused via an alienating Parent.
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Attachment Theory and Parental Alienation
Journal of Divorce & Remarriage, 2010Co-Authors: Ludwig F. LowensteinAbstract:Following an acrimonious divorce or separation, arguments are frequently presented as to why a child should not be with a nonresident Parent. The Custodial Parent, whether a father or a mother, uses the concept of a child being attached to himself or herself and therefore this should prevent the child from having actual or reasonable contact with the absent Parent. This view is based on antagonism between the former partners rather than the importance of the attachment theory being relevant. The attachment theory is also used to discredit the intentions of the nonCustodial Parent. This is especially the case for the younger child. With older children this is not likely to be as relevant. The history of the development of the attachment theory commencing with Bowlby and Ainsworth is presented, and the counterarguments are also presented. Attachment to the mother is obviously important initially but attachment to the father is equally important to the child and such bonding is likely to lead to positive emo...
Margrét Harpa Jónsdóttir 1981- - One of the best experts on this subject based on the ideXlab platform.
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Það er alltaf hægt að gera betur : þróun og staða í forsjár- og umgengnismálum
2019Co-Authors: Margrét Harpa Jónsdóttir 1981-Abstract:Verkefnið er lokað til 29.09.2022.Þegar skilnaðir fólks eru tíðir eins og í nútímasamfélagi þá hefur það áhrif á fjölskylduna alla. Margir skilnaðir þar sem börn eru í spilinu enda í sátt og samlyndi og geta verið upphaf að góðu vinasambandi foreldra. Það er því miður ekki hægt að segja að það sé í öllum tilfellum og í sumum þeirra lenda börnin á milli og verða að ágreiningsefni foreldra sinna. Forsjár- og umgengnismál barna hafa á undanförnum áratugum tekið stakkaskiptum með breyttri löggjöf, tilkomu alþjóðasáttmála á sviði barna og vitundarvakningu flestra þegar kemur að málefnum barna. Réttur barnsins er skýr og foreldrum ber skylda til að virða hann og vernda. Er hins vegar réttur beggja foreldra jafn mikill? Í ritgerðinni verður farið yfir helstu réttarþróun sem hefur orðið á sviði forsjár- og umgengnismála og skoðuð þau úrræði sem eru til staðar ef barn fær ekki notið samvista við foreldrið sem það býr ekki hjá. Í ritgerðinni verður það reifað til hvaða lagaúrræða er hægt að leita þegar eitt foreldri hindrar hitt í að njóta samvistaréttar síns við barn. Að lokum verður farið yfir það þegar foreldri sem er með umgengnissamning við barn sitt sinnir ekki skyldunni sem felst í samvistum við barn sitt.Divorce is a prevalent occurrence within modern society. And when a divorce happens in a family with children, the divorce affects the whole family. Many divorces are amicable and can be the beginning of a beautiful friendship between the divorced Parents. But this is not always the case. Sometimes the children can become pawns in the divorce. In the last years there has been significant change in custody cases. These changes have been due to a change in the law, the Convention on the Rights of the Child, and greater awareness when it comes to children and their rights. Children have clear rights, and Parents are obligated to respect them. But at the same time, do both Parents have the same rights? This thesis will examine the progress, which has been made when it comes to custody cases. And will also examine what resources are available when the child is not in contact with the non-Custodial Parent. The thesis will examine what laws can be used when one Parent prevents or limits the other Parents contact with the child. As well will it examine what happens when a Parent has joint custody but does not uphold their part of the agreement
Rocio Ribero - One of the best experts on this subject based on the ideXlab platform.
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Visitations and Transfers After Divorce
Review of Economics of the Household, 2003Co-Authors: Daniela Del Boca, Rocio RiberoAbstract:Recent research reveals that divorce negatively impacts children's welfare as a consequence of the reduction in monetary and time contributions of the non-Custodial Parent. After divorce, the variables that link the absent Parent to the child are visitations, child support transfers, and direct expenditures the non-Custodial Parent makes on the child. In our framework Parents constitute a bilateral exchange economy where the mother is endowed with control over visitations and the father has control over financial resources. We use data from National Longitudinal Study of the High School Class of 1972 (5th follow up) to estimate the parameters of the model. We then use the estimates to simulate the effects of alternative endowment levels (such as joint custody) on the proportion of time spent with the non-Custodial Parent and the ex post Parental income distribution. The results indicate that an endowment of equal time for both Parents, reducing time under the mother's control implies a reduction in the child support transfers from the father, and, therefore, a loss in the mother's consumption levels. However, a more equally shared time with the children also increases the father's direct expenditures on the child, with the effect of allowing the mother to spend less on child goods and partially compensate her consumption loss.
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Visitations and Transfers After Divorce
Review of Economics of the Household, 2003Co-Authors: Daniela Del Boca, Rocio RiberoAbstract:Recent research reveals that divorce negatively impacts children's welfare as a consequence of the reduction in monetary and time contributions of the non-Custodial Parent. After divorce, the variables that link the absent Parent to the child are visitations, child support transfers, and direct expenditures the non-Custodial Parent makes on the child. In our framework Parents constitute a bilateral exchange economy where the mother is endowed with control over visitations and the father has control over financial resources. We use data from National Longitudinal Study of the High School Class of 1972 (5th follow up) to estimate the parameters of the model. We then use the estimates to simulate the effects of alternative endowment levels (such as joint custody) on the proportion of time spent with the non-Custodial Parent and the ex post Parental income distribution. The results indicate that an endowment of equal time for both Parents, reducing time under the mother's control implies a reduction in the child support transfers from the father, and, therefore, a loss in the mother's consumption levels. However, a more equally shared time with the children also increases the father's direct expenditures on the child, with the effect of allowing the mother to spend less on child goods and partially compensate her consumption loss. Copyright Kluwer Academic Publishers 2003
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The Effect of Child Support Policies on Visitations and Transfers
American Economic Review, 2001Co-Authors: Daniela Del Boca, Rocio RiberoAbstract:There have been few theoretical analyses of this relationship. Weiss and Willis (1985) provide one theoretical motivation for the positive relationship between the non Custodial Parent’s contact time with the child and their level of transfers. They claim that increased contact time allows better monitor in gof the Custodial Parent’s expenditures on the child, which induces higher levels of transfers to the Custodial Parent. We have developed a model (Del Boca and Ribero(1999)) in which visitations and child support are the outcomes of a negotiation process where by the father exchanges income for visitation time. Institutional agents, such as judges, state legislatures, etc, can impact the welfare of the members of the nonintact family by altering the endowments of each of the Parents. In the simplified version of the model examined below, we view the mother as being given the endowment of all of the child’s time. Fathers typically begin with a substantial income endowment advantage over mothers, even if we were to view their incomes as being after mandatory transfers (orderby the courts) were made. There are generally gains from trade, with the mother exchanging the good with which she is heavily endowed, the child’s time, for income touse for consumption. Given the distribution of the endowments, ourmodel implies a positive relationship between transfers and the visitation time. Our model implies that institutional agents can have importante ects on the distribution of welfare within non intact families through the endowments. We illustrate this point by performing as imulation exercise, which involves the use of information from then ational longitudinal Survey High School Class of 1972 dataset. We evaluate the effects of forcing different types of mandatory income transfers from the non Custodial Parent on visitation time and the mother’s net income.
