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Toughen Divorce, Not Child Support. (Society).(Brief Article)

The American Enterprise

| March 01, 2002 | Wooster, Martin Morse | COPYRIGHT 2002 The American Enterprise, a national magazine of politics, business and culture (TEAmag.com). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Bryce Christensen, "The Strange Politics of Child Support," in Society (November/ December 2001), Rutgers University, 35 Berrue Circle, Piscataway, New Jersey 08854

There's a consensus these days that one of the best ways to strengthen America's families is to tighten child support laws. Time, for example, reports that "the deadbeat dad" is a "selfish figure condemned by liberals and conservatives alike."

Bryce Christensen, a scholar at the Howard Center, disagrees. The best way to preserve marriage and the family, he argues, is to make child support less draconian--but make it harder to divorce. Advocates of more aggressive child support, he contends, "have moved us a dangerous step closer to a police state."

Wives initiate two-thirds of all divorce cases in the U.S., and under "no-fault" divorce laws, neither partner has to give a reason for ending a marriage. Moreover, under a long-standing rule known as the "tender years doctrine," courts usually award custody of children to the parent who raises them as infants and toddlers--which, even now, is usually the mother. Thus, as West Virginia Supreme Court Justice Richard Neely observes, under current laws, "a blameless father ...

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