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Full-Text Articles in Law

Collateral Children: Consequence And Illegality At The Intersection Of Foster Care And Child Support, Daniel L. Hatcher Jul 2009

Collateral Children: Consequence And Illegality At The Intersection Of Foster Care And Child Support, Daniel L. Hatcher

All Faculty Scholarship

This Article is the third in a series addressing the conflict between state revenue maximization strategies and the missions of state agencies serving low-income children. The Article examines the policy of foster care cost recovery through child support enforcement. When children are removed from poor families and placed in foster care, federal law requires child welfare agencies to initiate child support obligations against the parents. Resulting payments do not benefit the children but are converted into a government funding stream to reimburse the costs of foster care. This cost recovery effort often subordinates the child welfare system’s primary goals of …


Legal Strategies To Address Child Support Obligations For Nonresident Fathers In The Child Welfare System, Daniel L. Hatcher Jul 2009

Legal Strategies To Address Child Support Obligations For Nonresident Fathers In The Child Welfare System, Daniel L. Hatcher

All Faculty Scholarship

The legal and practical issues surrounding child support obligations have enormous impact on families in the child welfare system. Unfortunately, these issues are often ignored, overlooked, or misunderstood. A much-needed effort to engage nonresident fathers in the child welfare system is underway, but those efforts will often be derailed if child support is not properly addressed. This article sheds light on the legal and policy concerns regarding child support enforcement in child protection cases and provides legal strategies for advocates to address those concerns. While primarily aimed at advocates for nonresident fathers, this article should also benefit advocates for custodial …


Multiple Families, Multiple Goals, Multiple Failures: The Need For “Limited Equalization” As A Theory Of Child Support, Adrienne Jennings Lockie Jan 2009

Multiple Families, Multiple Goals, Multiple Failures: The Need For “Limited Equalization” As A Theory Of Child Support, Adrienne Jennings Lockie

Articles in Law Reviews & Other Academic Journals

Current child support laws are based on flawed assumptions about families that fail to reflect family complexity and the realities of parenting. Further, there has been little reevaluation of the stated goals of child support law since they were first implemented thirty years ago. The stated goals — fiscal savings, children’s economic well-being, and parental involvement — have not been achieved and are increasingly unlikely to be achieved because they ignore the way that children in multiple families — families in which at least one parent has had another child with a different partner —compete for the limited resources of …