Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re A, B and C (Children) [2021] EWCA Civ 451
(Court of Appeal, Civil Division, Macur, Baker, Arnold LJJ, 01 April 2021)Public Law Children – Fact finding – Lucas Direction – Sexual abuse allegations – Judge found...
Eight things you need to know: Personal Injury damages in divorce cases
The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years.  However, the conundrum can be even...
HMCTS launches updated online court and tribunal finder
HM Courts and Tribunals Service (HMCTS) has launched an updated version of its online court and tribunal finder tool to help those in search of a court, its location, opening times, disabled access...
NFJO publishes report on supervision orders in care proceedings
The Nuffield Family Justice Observatory (NFJO) has published a report following its survey into the use of supervision orders in care proceedings. The survey focused on...
Villiers - the Anglo/Scottish perspective
Heard by the Supreme Court in December 2019, with its judgment last July, this case attracted much interest (or “lurid publicity” as per Mr Justice Mostyn in his judgement this week) as it...
View all articles
Authors

Lay intuitions about child support and marital status [2011] CFLQ 465

Sep 29, 2018, 18:13 PM
Slug : lay-intuitions-about-child-support-and-marital-status-2011-cflq-465
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 18, 2012, 03:07 AM
Article ID : 99143

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.

 

Categories :
  • Articles
  • CFLQ
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from