Is marriage as an institution Dying in the US?

[The Knize]

Disagree to an extent. 50/50 joint physical custody. No fault divorce laws abolished or at least reformed. Equitable distribution abolished. You exit with what you came in with. Assets and liabilities get split. Lifetime alimony abolished. Retirements are not to be touched. The state bases CS on how much you male in income not what the child needs or what the parents decide to give. Plus the family courts profiteer from it through Federal Title IV-D in grant monies.

I think that is right, except I do not know about the last sentence, and I do not know about the retirements not to be touched. What I said about child custody is more my opinion, not the law.

 

[RobertScalchi]

Until the divorce laws and child support laws are changed. I don’t think marriage is he fair proposition to most men I think that’s really what is driving the lower rates of marriage.

How many men do not know a friend uncle father Etc, who went through a divorce and lost everything including custody of his kids. It’s hard to witness that and think marriage is a good proposition.

Because when it doesn’t work out, she’s going to get the house and the car and she’s going to use your child support payments to pay for both of them. And you’re going to be living in a rundown apartment struggling to pay rent and child support and I’ve seen that happen to so many men over the years.

I'm one of them.

 

[something better]

As for your final point, I'm afraid I don't follow how criminal law has any bearing on family law (even assuming arguendo that your statement is factually correct).

• 53% of children in the FFCW sample had a nonresident father by the time they were 9 years old (most noncustodial parents in the FFCW sample were male; the number of noncustodial mothers in the FFCW sample was too small for analysis).
• 52% of nonresident fathers had a formal child support order
• 60% of fathers with child support orders had child support debt
• 14% of fathers with child support debt – 1 in 7– were jailed for that debt (see figure)

Who Goes to Jail for Child Support Debt?

sites.utexas.edu

 

[something better]

Finally, while there is likely a gender bias concerning child custody in many jurisdictions, I've never really seen the data nor any studies on that matter, either. I will say that my understanding is the courts will decide custody based on what it determines to be in the best interest of the children. Given that American social norms are and have historically heavily focused on child-rearing being the responsibility of the mother, it stands to reason there's some gender bias there. The solution to that is obvious, we need to stop demanding that women be the primary caregivers for children. In other words, society must start to demand men pull their weight as parents beyond just "bringing home the bacon;" including recognizing stay-at-home-dads as an equal and viable alternative to the "traditional" stay-at-home-mom. Once parenting is seen as being -gender-specific, it's highly likely that child custody will be less skewed in favor of women.

As for your final point, I'm afraid I don't follow how criminal law has any bearing on family law (even assuming arguendo that your statement is factually correct).

Study Finds Huge Gap Between How Long Men And Women Spend In Prison

Study Finds Huge Gap Between How Long Men And Women Spend In Prison

www.huffpost.com

 

[something better]

But to say that a man recovers a 50% reduction in 5 years time makes no sense to me. I can see someone on the short-end of that exercise finding themselves picking up consumer debt rapidly.

Maybe I'm missing something and someone can elaborate for me.

I believe that number of five years is based on men have to pay alimony based on a third of the time of the marriage.

For example, married for 15 years, you would have to make alimony payments for five years. I think most marriages that end, end in a 7 to 10 year time frame.

My biggest issue with that is if he fathers a child he will end up paying child support until the child turns 18 which most likely will be a much longer period then five years

 

[something better]

Disagree to an extent. 50/50 joint physical custody. No fault divorce laws abolished or at least reformed. Equitable distribution abolished. You exit with what you came in with. Assets and liabilities get split. Lifetime alimony abolished. Retirements are not to be touched. The state bases CS on how much you male in income not what the child needs or what the parents decide to give. Plus the family courts profiteer from it through Federal Title IV-D in grant monies.

That’s similar to my own personal views.
To me, 99% of divorces should end with 50-50 custody with neither party paying child support or alimony, except in rare cases.

There should not be a financial reward for getting divorced for one party. And the financial burden of paying for children should not be primarily placed on one party in a divorce.

 

[Attog]

If marriage is dying? Whole dating game is dying. I could tell where is the origins of the current state in US but it would caused me a ban for bringing politics in to this topic.

 

[Rhody]

In the US there seems to be a desire for more marriage but again I’m not going into details as it will bleed into
Politics and or religion.

 

[RobertScalchi]

I think that is right, except I do not know about the last sentence, and I do not know about the retirements not to be touched. What I said about child custody is more my opinion, not the law.

Retirements which are assets. Typically get split according to state rules and laws under a asset and liability list. (Monies and debts.) Which is called "Equitable Distribution." This includes debt, auto (If anyone decides to touch it.) Belongings, marital home, secondary properties, retirement accounts, businesses, etc. This can all be negotiable but there is a base line for how it's split.

 

[RobertScalchi]

If marriage is dying? Whole dating game is dying. I could tell where is the origins of the current state in US but it would caused me a ban for bringing politics in to this topic.

Let's just say we both know how, where, and why it started in the late 1960s.

 

[RobertScalchi]

• 53% of children in the FFCW sample had a nonresident father by the time they were 9 years old (most noncustodial parents in the FFCW sample were male; the number of noncustodial mothers in the FFCW sample was too small for analysis).
• 52% of nonresident fathers had a formal child support order
• 60% of fathers with child support orders had child support debt
• 14% of fathers with child support debt – 1 in 7– were jailed for that debt (see figure)

Who Goes to Jail for Child Support Debt?

sites.utexas.edu

Again. You cannot be incarcerated for CS arrears debt. (But the states do it all the time.) They make sanctions against your DL. Suspended them and all state licenses. Electrical. Doctoral, Place liens on properties, etc. Where the court gets you to incarcerate you is "failing to comply with a court order." When you fall behind enough in arrears. Probation which is a third party collection agency handler the state that accounts for those payments and arrears. Notifies the court. The judge then put out a bench warrant for your arrest to then 72 hrs later conduct what's called an "ability to pay" hearing.

 

[RobertScalchi]

Study Finds Huge Gap Between How Long Men And Women Spend In Prison

Study Finds Huge Gap Between How Long Men And Women Spend In Prison

www.huffpost.com

So much for equal application and protection under the rule of law.

 

[luvmysuper]

Folks - I think we're done here.
We've skirted the political issue several times. Saying "I don't want to bring up politics, but..." is bringing up politics.
We are rehashing the same points over and over, to the level that we have members lecturing points of law to another member who is a sitting Judge.
Thanks for playing!