Broken System

[hagatha]

Guys,

Most of us on this site believe the system to be broken and/or in need of reform.

SO what kind of REASONABLE changes would youn like to see made in the current system....

This would be in the areas of custody and support but remember those areas are different and should be seperate.

For me, one of the basic changes I would like to see is consistancy. I don't understand why every state has a different code and often times each county in the state has seperate rules for family law.

I think if all states operated under the same basic rules a lot of difficulties would be aliveated.

If every state used the same requirements for figuring support there would be no need for some to move around to get "a better deal".

If support was figured with a Fair percentage fo the combined income of both parties with a Small credit for additional children it might be easier for NCPs to pay and CP to get paid. However I do believe if either party remarries and subsequently becomes unemployed and the new spouse is supporting the "new" family that persons income should be used in the support calculations. ( I am not sure how time sharing would factor into the this but I'm sure there would be suggestions.)

As for parenting time, a fair and equal division of time should be the default. Unless it can be proven one parent is a detriment to the child(ren). Parents who choose to move for anything other than a substancially financial improvements would not be permitted to take the children.

Both parents should be required as part of the divorce process to complete a indepth parenting class aimed at supporting the children through the transition. And the children should be involved in therapy to deal with the emotional issues they may be having.

Any parent engaging in hostile or alienating behavior would loose parenting time and would be required to retake the parenting class.

Judges would be required to look at each case seperately and make adjustments to the parenting plan based on the needs of the CHILDREN

Lets see what You think needs to be changed in the current system....

The Witch




Remember . . . KARMA is a Wonderful Thing!!!!!

This is a game of cat and mouse.. to win, you must become the DOG!

[olanna]

Let's take it from consistancy to an equal playing field. Let's say that no matter who files for divorce, there is no award of primary custody. Let's say that it goes 50/50 right off the bat.

And lets use the SSI calculation for determining child support.  If the SSI folks say a child's basic needs can be met for $564 a month, let's make that the maximum child support award. And let's call everything over basic needs to be called what it really is, alimony.

And if one parent makes a considerably more than the other parent, let that adjustment be made for the other parent with alimony. At least the one making the money and paying it can claim what was paid on the taxes.

And another thing...let's force parents into mediation and disallow lawyers to be involved where the kids are concerned.  Let's encourage parents to work together for a parenting plan and present it to the judge.

[Kitty C.]

This is what I proposed to a presidential candidate: take the adversarial atmosphere out of the family court system (because it never belonged there in the first place) and make 50/50 the norm going in.  Not only would it solve many of the problematic issues, but I think it would also cause a drop in the divorce rate. Now, before anyone gets their knickers in a twist, let me explain and CONSIDER this in your opinion.

If you remove the adversarial atmosphere, there will be no 'winners' or 'losers', because forcing this situation only makes the kids the losers. IF, and I do mean IF, a parent might be a possible threat to the children in any way, that must be decided by the court.

Remove the mediator process (where both parents bring their own plans to the table, but it's left to the mediator to decide) and bring in 'coaches', who will work with both parents to come up with one plan TOGETHER. Apparently, this is something that has already been implemented in some states, tho I can't put my finger on the specifics at the moment. What they have found where the 'coaching' process is used, is that the divorce rate is starting to go down. When the parents realize they have to work together, regardless of whether they stay together or not, it is apparently changing their prospective on the whole process.

And I'm going to counter this as well, as many of you are probably shaking your heads and saying it's not possible if the parents refuse to work together. In this type of system, they are FORCED to! They are both going to be parents until the child(ren) turn age of majority (and that should be the same for EVERY state). If the parents know GOING IN to this situation that, NO MATTER WHAT, they will have to work with the other parent in order to maintain a relationship with their child, then they will think differently about getting into it in the first place. And through that, it might make men and women think differently about bringing kids into the world and whom they do that with, as well.

The whole problem with any major change in thinking is getting everyone on board. Which is why states that have passed joint physical custody laws are still having problems. Why? Because old school judges refuse to consider it. We've seen this quite often here in Iowa since ours was passed.

Do not ask me about specifics and details.........if you want to disseminate and shoot holes in it, be my guest. But you wanted ideas, so have at it............

[babyfat]

What I'd like to see is an automatic assumption for 50/50 or close to it custody. Kids need both parents. Now if one parent is a danger to the child it must be proven then the obvious custody goes to the other parent.
Another thing agressive parenting tactics must be recoginized. Those male or female (because of heard of either sex doing it) must be treated for doing it and I'd like to see mental health programs for such parenting issues. In my state in a divorce parents must go to a class on how to raise children of divorce. It should be more than one class it should be a course.
I would also like to see the age of majority in all states (age 18) be the age of child support cut off. If a married couple is not responcible for supporting a child past 18 neither should a divorced couple. IF at 18 you can vote, join the military, marry, enter into a contract then you are and adult and should be treated as such.
I also think that child support in a 50/50 custody issue should not be awarded. To either party. In a situation where one parent is a danger to the child then and only then should it be awarded. And it should be based on what the state believes it costs to raise a child not a flat % of the parents income. Say the state thinks those on SSI or welfare can live off $500 a month than that is what it should be. Not every time parent a works hard does thier job and get a raise parent b gets one too.

Of course never going to be this simple cases are going to come up where this wont work but for a majority this should get rid of some of the current problems.

[Tikki]

yeah....

my .02:  there should be NO CS or alimony between parents who divorce....

if you have a child(ren) be prepared to support them 100% whether or not your marriage survives.  

Parents should have automatic 50/50 unless circumstances prove otherwise.

if one parent doesn't want to support child financially, emotionally or whatever, give the child to the other parent.

Enough is enough of enabling people to depend on the state or someone who has bettered themselves.

You make a baby, you must be able to support it.

[Hanau]

well the problem with the great idea's on the system, is our society lacks the compasion for such a great change to occur.  The Father's are busy getting punished by society for having a child and having a failed marriage for whatever the means are.  Of course their is a small minority of women, who are not the CP, but for the majority, the women, seem to have final say in this system.  It's a sad truth, as far as reform, its not going to happen, with CSE, we have created more jobs, for single mother's, and even more beuacracy, let's not forget that not only are we taking care of our children theorhetically, we are also taking care of our government.  This is a form of socialism that politicians do not wanna change, nor will they.  you got jail for not paying CS, its a plus for the state federal aid, you end up feeding another part of the government.  Not to mention more then likely CP will goto welfare, another plus for the state you'll end up paying them back.  Goes on and on and on, this is a calculated strategic dychotomy, masked by the greater welfare of the child.  Just in  life, its all about position.  Sorry if I sound negative, but this is the underlining truth.

[determined]

1.  I like the presumption of joint custody that has been
     repeatedly proposed.  In MA this was proposed as an
     initiative, but the legislature is still resisting taking it up.

2.  When I read the actual law, I do not see the extreme bias that I
     experienced in the courtroom.  Furthermore, I actually see laws
     against much of the most egregious behaviour thatgoes on in the
     Family courts.  The problem starts at the top and is controlled by
     the judges who run their courtrooms.  To fix the system we need
     some very simple and easily implemented accountability.

     a.  Judicial appointments must be open for public review.  In MA
          the judges are appointed by secret cabal, who are not required
          to post their meetings or the contents of the discussions that
          occurred.

     b.  Judicial appointments must be subject to periodic review.  In MA
          there is absolutely no such review.  Several judges have been
          removed in recent history, but only because of outrageous
          behaviour along with the cooperation of prosecutors who were
          becoming tired of the embarassment.

     c.  Digitally record (and automatically transcribe) all proceedings
          and post these on some form of sharepoint site.  Passwords
          can be required to restrict access.  The current practice of
          generating poor quality audio recordings and restrcting access
          by the imposition of fees and the destruction of the recordings
          in short order prevent any reasonable review.  I took the
          recordings to a legal transcriptionist, who complained of the
          poor quality.  Multiple cases have been filed accusing the courts
          of altering these recordings.

     d.  Results of court orders must be posted into a database for
          statistical review.  Again in MA this has been prevented and the
          courts filed injunctions against individuals who attempted to
          manually collect results statistics.  Theoretically the information
          is public record (except for the financial disclosures and items
          specifically sealed).