Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Collateral Children: Consequence And Illegality At The Intersection Of Foster Care And Child Support, Daniel L. Hatcher
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
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 …
Sharing Governance: Family Law In Congress And The States, Ann Laquer Estin
Sharing Governance: Family Law In Congress And The States, Ann Laquer Estin
Cornell Journal of Law and Public Policy
No abstract provided.
The Basis For Legal Parentage And The Clash Between Custody And Child Support, Leslie J. Harris
The Basis For Legal Parentage And The Clash Between Custody And Child Support, Leslie J. Harris
Leslie J. Harris
In the United States today, we have two legal bases for parentage, biology and function. Biological parenthood is usually controlling when the issue is liability for child support, and functioning as a parent is considered, if at all, only when the primary issue is custody or access to a child. These two strands of parentage law derive from what Jacobus tenBroek called the dual system of family law. While the divided law that ten Broek describes is centuries old, until fairly recently, the two strands ran in parallel and did not have much impact on each other. However, in the …
Multiple Families, Multiple Goals, Multiple Failures: The Need For “Limited Equalization” As A Theory Of Child Support, Adrienne Jennings Lockie
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 …