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Archive for February, 2015

Photo cbc.ca

Photo cbc.ca

I love this Pope. Actually, I don’t ever remember to have been fond of a Pope in my lifetime. He talks about issues of poverty and wealth the way some Latin American theologians ( e.g. Leonardo Boff) I liked to read, did. Recently, he delved into a more domestic issue: spanking one’s children.

That brought me back to a conversation I had in 1996 in the smoking room of the World Bank, in Washington DC. Yes, in these dark times, there were smoking rooms in DC buildings. Then a fellow smoker of mine, a man of Erythrean origin, fumed about his neighbors, who had reported him to the cops, because they had heard noise in his house as he was disciplining his kid. I could not fathom it. The kid had misbehaved, he had to discipline him. I told him, jokingly: “Use other means. Tell your kid: No TV for you! Or no gun for you!”

I hope my friend did not have to cope with a trial in family court. I did. There, in this little world, men are suspects, especially foreign men. All have anger control issues. That’s why family courts ask them to take parenting classes and have them waste their time and their children’s with supervised therapeutic visitations.

In a country where mums are given a free pass to alienate at will, or buy their children a gun for Christmas, one can only hope that the Pope’s message that “spanking is ok if it’s not demeaning” is going to become a water-cooler discussion in family court.

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Fathers in Jail (Photo Carmine Galasso)

Fathers in Jail in NJ (Photo Carmine Galasso)

On paper, New Jersey is far from having the worst child support laws in the US. Both parents’ income are used to determine the financial obligations of each, unlike in New York State, where child support is a percentage of the non-custodial parent’s income, irrespective of the custodial’s one. Yet stories of  New Jersey fathers in jail for default of child support payments pulls your hair up out of horror: fathers are rotting in jail with no end of their ordeal in sight. There is obviously something wrong with the way the law is enforced, and Governor Chris Christie seems quite oblivious of it when he travels to England in search of international exposure.

What goes wrong for fathers in the Garden State?  Colleen Diskin, in a July 26 2014 posting in New Jersey.com, locates the origin of this mess in New Gingrich’s cracking on “welfare queens” and “deadbeat dads.” He forgets to mention that Bill Clinton, with the dismantling of welfare as we knew it, is the one who cast the first stones of Gingrich’s reactionary project of returning to a pre-New Deal conception of the role of the state. What is this vision about? The poor are poor because they did not seize the plentiful opportunities available to him; if they are poor, it is because they are either trying to cheat the system, like deadbeat dads (then we can spare the taxpayer’s hard-earned dollars), and they are therefore losers. In the later case, the state might condescend to help him, for a -short- while.  Rogue judges, such as judge Bonnie Mizdol in Bergen County family court, whose understanding of the obligations and responsibilities of parents squares with nineteenth century England at the time the Poor Laws, grants a once-a-week drug addiction counseling session to parents who cannot meet their financial obligations.

The problem with most states  implementing this grand vision is that they don’t have a shinning justice system, because they are, like the great state of New Jersey, cheap and/or lazy.  Here, access to food stamps or housing is conditioned upon granting the right to the county to sue for child support money, which goes to repay for these services; Technically, this is a transfer of income to poor custodial parents (mostly women) from non-custodial parents, who cannot afford it and end up in jail;  That’s a great victory for the state, which is in the clear, and can point to easy scape goats: deadbeat dads trying to escape their parental responsibilities.

As Krugman puts it today, “nobody understands debt,” or nobody understands that debt entails two parties, the debtor and the creditor, whose claim may be totally unreasonable; when you have a debtor who owes more than six figures in back child support, it may mean that 1/(dad’s) income) may have changed over the years (after all, the Great Recession reminded as that capitalism is a very unstable system, and that people lose jobs) and 2/ mum’s expectations as to what child support is to pay for has nothing to do with a child’s real needs, but what mum thinks they are.

The State of New Jersey has to face it: such debt is never going to be repaid, and owed not to. Putting dads in jail won’t change it.

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Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?...' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.