Father's Rights?
Ah, yes, the time-honored dorm room debate if women can get abortions, why do men need to pay child support? has reached the big time in recent days. This doesn't strike me as an especially difficult question to answer. Insofar as a child is going to be born, that child is going to need to be supported. The resources for doing so need to come from somewhere. Obviously, many of those resources are going to wind up coming from his mother. But given the realities of the world, those resources are often going to be inadequate to the task. There are basically two additional sources of resources -- the child's father and the state. Current policy relies on a mix of the two.
Maybe a respectable case could be made for shifting the mix somewhat in the direction of the state, though one would want to see the details before signing on to this. I don't at all think a respectable case can be made for reducing the quantity of resources getting directed to children.


Are you getting lazy and just basing posts off Lindsay Beyerstein or something now?
March 15, 2006 1:20 PM | Reply | Permalink
Both parents should be responsible for supporting their children. And when men start getting pregnant, they'll have the option to decide whether they want to carry their child to term or not. Until then, women get to make the decision. They're the pregnant ones after all. Men who don't like this should think more carefully before having sex . . .
March 15, 2006 1:59 PM | Reply | Permalink
There is a possible third alternative, pro-life groups. Maybe they would be more effective, and more bearable, if they gave "scholarships" to unwed mothers to support their choice of "life." A stipend of $10,000/year for 18-21 years would show they put their money where their mouth is.
If they want to entice, coerce, or force women to forego a wanted abortion, they must provide a viable alternative. To paraphrase Barney Frank, the pro-lifers care about life only from conception to birth--here's their opportunity to put up or shut up.
'
March 15, 2006 2:10 PM | Reply | Permalink
"Men who don't like this should think more carefully before having sex"
That's remarkably similiar to the argument prolifers use. "If you don't want a baby, you shouldn't have had sex"
Women have a choice, men should have a choice too.
March 15, 2006 2:19 PM | Reply | Permalink
I agree with Dustin with the exceptions of Rape/Incest/Danger to health of mother.
If the original poster believes in abortions beyond those three conditions, then they are being intellectually dishonest / arbitrary.
If not, they can still be consistent.
March 15, 2006 2:22 PM | Reply | Permalink
I don't at all think a respectable case can be made for reducing the quantity of resources getting directed to children
That's because you have no experience or education in the topic, and you really haven't thought about it. What qualifies you to spout on the subject apart from your cred as a feminist? How come you aren't self-aware enough to recognize your own ignorance?
The current formula in most states is based on a percentage of the parent's incomes as opposed to the actual costs involved of raising the children. Think of your inner economist that Brad DeLong insists you have within you. Are there poor economic incentives caused by this formula? And then Mr. Philosophy-nudgenik, what are the philosophical and real world implications of such a formula?
Hint: what happens to arrearages when the non-custodial parent loses his or her job? What should society do when the non-custodial parent wishes to change occupations for a more spirtually rewarding but less monetarily rewarding occupation?
To put it bluntly, why are divorced fathers trapped in their current jobs? What if divorced fathers want to go back to school? What if divorced fathers want to start their own business? Even if they are eager and able to pay the actual costs for their children, they are not allowed to change occupations without their ex-wive's permission. If they lose their jobs, they still have to pay the support based on their old position until they can go to court. They are then forced not to find the best job for them (and their kids) but are forced to find a job fast enough to satisfy the court and with a high enough wage to satisfy their ex-wife.
I lost my job during the dot-bomb and didn't know that I had to get to the court immediately. I went to court when I next had a job and could afford the time and the lawyer, 10 months later. In the meantime, I had in fact paid my ex over 20,000 (two kids) in those 10 months, but due to the prior agreement, I still "owed" her 15,000. Um, I had a good position, but not that good. Think about a formula that says that in 10 months, two kids required $35,000 to support them. When I got to court, I was informed that due to the Federal Bradley Amendment, judges cannot retroactively reduce support payments. Though I had no income for that time, I still owed $15,000 in arrearages. Basically, that came from what I should have paid to Uncle Sam and now I am in trouble with my Uncle.
My ex moved to another state, which is one reason it took so long for me to find a new job. In that new state I found a job as a full-time employee as opposed to a dot-com hourly contract worker. That new state's salary is normally about 30% less than the Bay Area, but add in the difference between what an hourly contract dotcom engineer earns and a full time engineer earns and my salary decreased by 50%.
When I finally got to court in the new state, my ex was asked if my changing positions, changing from hourly to fulltime, and change of salaries were okay with her. If they weren't we could have let the judge sort all of that out.
I live in a 2BR apartment. My ex has a mortgage on a 5BR house, and a new $40K SUV, and a cabin. I take my kids on vacation by driving them to local campgrounds, my ex flies them coastal destinations.
In prior court appearances, I was ordered to pay that $15,000 off monthly $250 each month. In the new state, 3 years after losing my job my support was finally changed from $3K+ per month to $1200 per month. In response, my ex has now taken me to court again to increase that $250 to $1250.
Divorced non-custodial parents s really are treated like wage slaves in a way that no other adult is and that is PRECISELY due to the current formula basing child support on percentages of income as opposed to actual expenses.
Stupid haarvaard philosophy students should strive to avoid getting a real world education in these matters.
I recommend to you reading Glenn Sacks and Warren Farrell, two feminists that are now associated with the "shocking!" father's rights movement.
Check out ACES Leaders Face-off on Bradley Amendment
Read all of Glenn Sacks. It will piss off Amanda Marcotte, but it will actually inform you a great deal.
In fact as an exercise for yourself and your readers, read Glenn Sacks and Warren Farrell and then come back and tell us if they are feminists or not.
March 15, 2006 2:54 PM | Reply | Permalink
I am ashamed, when I wrote "nudgenik" I meant of course "nudnik". Sorry mom.
March 15, 2006 3:00 PM | Reply | Permalink
There is an interesting set of studies called the Self Sufficiency Standard Studies, which detail the cost of living, at a barebones, bottom-of-lower-middle-class standard -- in other words, all the basic needs are met, but there is no discretionary spending. Each study is for a different state, and perhaps 4 to 6 of these get published each year -- about 35 states have been studied so far.
THey show the bare-bones cost of living for a single adult, for a single parent with a small child, a single parent with two young children, and a couple with the same age two children, by city and county. It seems to me that such figures could be used to help establish appropriate child support, and that the same data might also be used to help make the argument that TPMMAL (above) made about anti-abortion folks putting their money where their mouth is and helping to support a child financially throughout its youth as an inducement and compensation for someone who is debating whether or not to abort a pregnancy she can't afford by herself.
The lifestyle the SSS studies show is at the very very bottom of the lower middle class, and I don't see why a child should suffer if the parents choose to divorce. I don't know how we achieve equity for all involved, but I am convinced that the children's welfare needs to be very high up in the hierarchy of needs to be considered. They didn't ask for the situation.
lvtfan
http://www.wealthandwant.com ... if you'd like to see an end to poverty
March 15, 2006 3:13 PM | Reply | Permalink
Insofar as a child is going to be born, that child is going to need to be supported. The resources for doing so need to come from somewhere. Obviously, many of those resources are going to wind up coming from his PARENTS. But given the realities of the world, those resources are often going to be inadequate to the task. There are basically two additional sources of resources -- the child's GRANDPARENTS and the state.
As you'll note from the revisions, this is a nonsensical argument. Either we assign support obligations on an individual who may or may not be willing to incur them, or we assume them as a society. It's exceedingly difficult to see why the former is an equitable solution, unless we justify the quasi-punitive measure by claiming that the individual "deserved" the obligations in some manner. Maybe they did, of course--but as someone noted above, "if you don't want to support a child, don't have sex" is a really, really crummy argument for our side to be asserting. If you are relying on it, any qualitative differences between compulsory childbirth and compulsory child support go right out the window--in both cases, we are using the legal system to punish people for having sex, when the punishment is completely unnecessary (because women can get abortions and men [hypothetically] can disclaim fatherhood).
Now, all that said, there are a couple of good reasons for requiring support. First, you do have a huge freerider risk. If men believe that the state will support their children if they don't, it's hard to see what impetus they would have for doing so themselves. Granted, you could reduce the risk somewhat by putting real teeth into the disclaimer process (e.g., a man could go to jail for contacting his child), but (1) this would be very difficult to enforce as the child reaches adulthood, and (2) do we really even want a world where men have a significant financial incentive to abandon their children althogether. Along the same lines, it may be the case that men are a great deal more involved with their children if they "buy into" their lives, which potentially might be a benefit that accrues to society as a whole (better adjusted/raised children grow up to be more productive and responsible adults). On the other hand, it may be possible that we don't WANT the type of men who would be tempted to abandon their children for a modest financial incentive to have anything to do with their kids. That's pretty much an empirical question, though.
I guess that I'd probably come down on the side of compulsory child support for these reasons. But certainly not for the really crummy arguments that (1) SOMEONE has to take care of the child, so it might as well be the father (no, as MY pointed out, it can be the state, and as I pointed out, it could be the grandparents, or heck, why don't we start drawing names out of a phonebook) and (2) the father should be forced to pay tens or hundreds of thousands of dollars for an unwanted child because he chose to have sex (only because we are assigning that obligation on him).
March 15, 2006 3:19 PM | Reply | Permalink
"Insofar as a child is going to be born,"
Isn't that rather the point though? The idea of allowing a father to disclaim the child is to remove the freely availible ATM machine from the mother's reach, and discourage her from having a kid until she is in a place to support one.
March 15, 2006 3:42 PM | Reply | Permalink
Women have a choice, men should have a choice too.
What choice are you talking about? Men should have a choice whether to support their children or not? Or men should be able to demand that a woman have an abortion against her will?
March 15, 2006 4:18 PM | Reply | Permalink
Obviously forced abortion or childbirth is out of the question. A man has no say in whether a pregnancy is terminated or carried to term because it's an issue of personal autonomy (and rightly so) but a woman also has the right to to forfeit her parental responsibilities & offer her child up for adoption. The man, should he choose, should also have the option of forfeiting any parental rights to his offspring should he also choose to do so.
March 15, 2006 4:45 PM | Reply | Permalink
Isn't it still relevant to ask whether it's fair to the father? I mean, if we had a law that said the mother's neighbors all had to pay child support, wouldn't it be relevant to ask whether it's fair to the neighbors even if it decreased the total resources going to children?
If Mom falsely represents to Dad that she can't get pregnant because she's on the pill or that' she'll certainly have an abortion, I think we have to admit that we're being unfair to Dad by making him pay child support. This is true whether or not the woman's false representation is knowing - if she's on the Pill but has forgotten to take it, or sincerely believes she'll have an abortion but for one reason or another can't, Dad is still being forced to take on a major obligation he didn't consent to in any meaningful sense of "consent."
I think that in this case the unfairness to Dad is outweighed by the benefit to the children, but that doesn't mean it's not unfair to Dad.
March 15, 2006 4:47 PM | Reply | Permalink
If he wanted to be sure, he could have used his own birth control, couldn't he?
March 15, 2006 5:01 PM | Reply | Permalink
The false assumption here is that men and women are in equal positions when it comes to childbirth. Women, you may notice, actually have to carry the child for nine months or so. This, I fear, places more of the burden of bringing children into the world on women. Because of this, they get to make some choices that men don't get to make. Maybe that's not totally fair to men, but is the burden of having to go through pregnancy and childbirth totally fair to women? Sorry, I just can't get a tear in my eye for all these poor fathers who don't want to pay child support.
March 15, 2006 5:09 PM | Reply | Permalink
It's an interesting argument to make that it's unfair to require the father to support the child and therefore we should transfer the obligation to the state--which means transfering the cost to the taxpayer. But the taxpayer had even less of a choice about having the baby than the father. So why is it fair to stick him with bill? It seems to me that without ever having the pleasure of getting laid, the taxpayer ends up being screwed.
March 15, 2006 5:27 PM | Reply | Permalink
I never stated that men and women were in equal positions when it comes to childbirth. Men should have no say over whether a pregnancy is terminated or carried to term because they aren't the ones carry the fetus. But they should be afforded the same rights that women have to forfeit their parental rights should they desire.
March 15, 2006 5:58 PM | Reply | Permalink
PRECISELY, yoyo.
"You say I'm a dreamer. We're two of a kind. Looking for some perfect world that we both know that we'll never find." - Thompson Twins, "Hold Me Now"
March 15, 2006 6:05 PM | Reply | Permalink
I have hear feminists argue that if a woman agreed to have sex with a man if he used a condom, and he then proceeds to have sex with her without one (let's say they do it "doggy-style," so she doesn't realize he didn't put it on until he enters her) then it is rape. By the same token, isn't it rape to falsely assert that one is on birth control?
"You say I'm a dreamer. We're two of a kind. Looking for some perfect world that we both know that we'll never find." - Thompson Twins, "Hold Me Now"
March 15, 2006 6:07 PM | Reply | Permalink
And when the woman agrees to fill-in at the father's job to earn the child support money, she should have the option to force him to pay child support. He is the one earning it, after all...
"You say I'm a dreamer. We're two of a kind. Looking for some perfect world that we both know that we'll never find." - Thompson Twins, "Hold Me Now"
March 15, 2006 6:11 PM | Reply | Permalink
But they should be afforded the same rights that women have to forfeit their parental rights should they desire.
What do you mean by this? That a man should not have to pay child support if he disagrees with the woman's decision not to have an abortion. Sorry, I don't think it should be that easy to get out of paying for a child you're responsible for.
March 15, 2006 6:17 PM | Reply | Permalink
A day or so ago, I posted on this issue on my own blog.
"You say I'm a dreamer. We're two of a kind. Looking for some perfect world that we both know that we'll never find." - Thompson Twins, "Hold Me Now"
March 15, 2006 6:22 PM | Reply | Permalink
Sorry, I don't think it should be that easy to get out of paying for a child you're responsible for.
He is responsible for the pregnancy. The woman is responsible for the decision to bring it to term, so shouldn't she be the only one responsible for the consequences of that decision?
"You say I'm a dreamer. We're two of a kind. Looking for some perfect world that we both know that we'll never find." - Thompson Twins, "Hold Me Now"
March 15, 2006 6:23 PM | Reply | Permalink
Regardless of who pays, the state or the father, I hope we're all past the absurd feminist dogma that single mothering is a swell thing or that it should be encouraged.
One of the biggest blunders of the radical feminist movement was preaching that fatherless homes were actually superior (yes you read that right) because it would spare the children from having a father inflicted upon them. Of course there was no such problem with financial support.
I once confronted a well know feminist on Salon about that when she wrote an article from her single mother perspective. I pointed out she shouldn't glamorize single parenting due to the tremendous difficulty financially and having to carry a heavier burden in many ways where otherwise two people share the load. I was impressed she wrote back to admit the feminist pro-single mothering movement had been a mistake and to make clear it is very hard being a single mother. Having said that, her article still read as rather pandering to the old feminist movement and I’d wager she’d continue to publicly, after all a single mother has to pay the bills and if pandering is what it takes...
It goes to show what a foolish time the 60s and 70s were for some. We can see how Reagan's 80s crusade against welfare mothers was reactionary meanness but it did have some basis in reality and was given ammo by idiotic radicals. The other day Fukuyama still expressed support for such Reagan policies as the bulwark against that sort of foolish radicalism from his POV.
Bottom line is it never helps to have such foolish and short sighted radicals on one’s own side because they invariably do more harm than good.
March 15, 2006 6:33 PM | Reply | Permalink
The woman is responsible for the decision to bring it to term, so shouldn't she be the only one responsible for the consequences of that decision?
No. When people fuck, they're both responsible for any baby that results. Caveat emptor, as they say.
March 15, 2006 6:33 PM | Reply | Permalink
He shouldn't have to pay child support if he doesen't want a child whether the pregnant woman decides to have the baby or not. She is perfectly able to give her child up for adoption if she doesen't feel she's capable of caring for it. The man has no such option for forfeiting his parental benefits & responsibilities if he feels he isn't capable of financially supporting a child.
March 15, 2006 6:48 PM | Reply | Permalink
The reality is somewhere in-between.
It's a lot easier for a man to drop sperm and walk away than for a woman to have an abortion, both for physical and emotional reasons. Therefore, creating a pregnancy sets into motion a momentum of events for which the man needs to take some responsibility. Having said that, there is another problem with women who become pregnant without men's consent, sometimes even using deceptive tactics such as lying about birth control.
Policies on the subject try to establish societal norms so people know what to expect, how much risk they incur by sexual activity, and where responsibility lies. But it’s a topic which most people want government out of at the sex phase, but very involved for the next 18 years.
If one presumes government has a responsibility to the matter, either to enforce child support of directly support the child/parent, then society also has a counter responsibility to the portion of society which disapproves and which is supporting the family. Therefore government must also discourage intentional or accidental single-parenting by those who will need assistance, while trying not to penalize the child. That’s what makes it a difficult issue.
I also see purplestate is resorting to ratings abuse.March 15, 2006 7:00 PM | Reply | Permalink
If feminists wanted to cut Roe V. Wade for Men down at the knees they would agree that child support costs would only be based on actual agreed on or court ordered expenses. That would vastly eliminate the agency problem.
March 15, 2006 7:03 PM | Reply | Permalink
I'd say that's one side of the argument which is under served unfortunatly. However, it's also has some errors of simplicity glossing over the "momentum" of pregnancy which a man helps to create but has an easier time walking away from. Also there isn't exactly an analogue between adoption by a willing 3rd party (including the government) and abandonment.
One can make a logically consistent argument the father should be able to give his parenting responsibility over to the state for "adoption" just as the mother may. Hence the state support argument. However, that fails to account for the relative ease a man has in creating pregnancy. (which is what purplestate is trying to say so poorly)
Therefore, it's reasonable to say if society seeks to discourage unintended pregnancy then it must place heavier burdens on men to incentivize greater responsibility. Otherwise they may too easily walk away from responsibility, placing an unfair burden on women and society generally. A similar argument can be made in many disproportionate risk/burden arguments, take for example violence between parties of disproportionate size like many domestic cases. If a large man hits a smaller woman he takes less risk and may potentially do more damage, hence society needs to disincentivize it further.
Having said all that, society often swings to opposite extremes rather than finding a happy medium. It’s a very complex issue.
If we were a perfectly rational species we'd be damn sure to control pregnancy and avoid errors, or have binding "pre-sexual" contracts similar to prenupitals.
March 15, 2006 7:24 PM | Reply | Permalink
which is what purplestate is trying to say so poorly
Thanks Nick for applying your superior brainpower to the issue.
March 15, 2006 7:29 PM | Reply | Permalink
I think both sides should be heard in these matters so I appreciate Jerry's comments.
Unfortunately the courts have swung towards many a radical feminist agenda, especially in CA due to fairly powerful lobbying groups that don't have much opposition to balance them since they operate under the radar and people assume they're doing good for feminism in the equality/justice sense and not the gender war sense. (btw, not trying to disparage the entire feminist movement, just the unfortunate cranks and radicals every good cause has it's share of.)
A good example would be the tough on crime conservatives alliance with gender war radical feminists, which as the Kobe case illustrated makes a man accused of rape essentially guilty until proven innocent. Let alone a black man and white woman. Had he not been wealthy he without doubt would be in prison now despite the shoddy evidence. Why? Radical feminists pushed the meme in the 70s that women never lie about rape and that anyone saying otherwise was a fascist paternalist, using the “slut” defense, etc.
March 15, 2006 7:38 PM | Reply | Permalink
I also see purplestate is resorting to ratings abuse.
Just thought you might enjoy a taste of your own medicine.
March 15, 2006 7:48 PM | Reply | Permalink
Very simplistic, as usual.
The state has an interest in seeing the child become a healthy member of society and not perpetuating mistakes or making new ones. Many teen pregnancies for example come from parents who were children of teen pregnancies. In addition poverty can lead to stressed and neglecting or abusive parents which can lead to other problems like crime and drug use. So the state does have a great interest in helping carry the burden for the good of society.
Having said that, concurrent is the state obligation to taxpayers to try and proactivly and preventativly reduce the problem by disincentivizing the need of government support.
March 15, 2006 7:53 PM | Reply | Permalink
Ahh no, I give you 1s for making simplistic knee jerk comments. I gave you a 2 when you managed to include a half-baked argument.
Express your opinions more reasonably for a change and I'll be happy to rate you higher.
March 15, 2006 7:56 PM | Reply | Permalink
And I'll be happy to rate you higher if you ever stop being a blowhard.
March 15, 2006 8:00 PM | Reply | Permalink
Your comments above exhibited several qualities typical off your posts.
There was the knee-jerk straw-man argument where you repeatedly missed the point and tried to put words in Ridgeway’s mouth. You also peeled off several emotional, pissy, and argumentative comments with no point but to troll Ridgeway. Your posts are also filled with presumptions which you never substantiate.
March 15, 2006 8:04 PM | Reply | Permalink
Sorry, Nick, I'm not the genius you are. Your posts are infallibly brilliant. Maybe you'll get a Nobel prize for literature if you keep posting here.
March 15, 2006 8:07 PM | Reply | Permalink
True. Nobody (smart) wants to penalize the innocent kids, especially considering that may perpetuate the cycle.
Having said that it’s important to be fair to the parents as well and try to strike the right balance. As Jerry pointed out, it’s unfair to make divorced fathers (or either working non-custodial parent) into an indentured servant, especially if the other parent is abusing that for revenge purpose.
OTOH, one must also consider systems which disincentivize accidental pregnancy, single parenting, divorce, and other root causes of the problem. There is a error in trying to fix all penalties associated with problematic actions because doing so may actually creates more problems due to lack of feedback mechanisms to the acting individual.
Not saying I have all the solutions, just that there are several competing considerations and it's a very difficult problem. It's certainly one of those issues where nothing is accomplished by looking at a single POV such as some posters are doing. (not saying you are, just saying in general)
There goes purplestate with the rating abuse again.
March 15, 2006 8:08 PM | Reply | Permalink
There are always more things people can do to protect themselves in any interaction with other people. That doesn't mean you consented to the results of believing someone's lies.
March 15, 2006 10:46 PM | Reply | Permalink
There is no sense in which a father is a "freely available ATM machine." The mother has to go to court to get the father to pay, and if the father doesn't pay anyway she has to go to court again