Folks:
The Federal government is seeking public comments on some tweaks to the “Title IV-D” child support regulations. (Click on “submit a formal comment” at top right.)
Background: U.S. regulations regarding child support are a hybrid of federal and state law. In theory everything is up to the individual states. In practice, federal regulations tell states that they have to develop “child support guidelines” based on “economic data on the cost of raising children.” As explained in this video from Joe Sorge, producer of the Divorce Corp. movie, the Feds give states financial incentives to designate one parent as “primary” and one as “secondary” and to maximize the amount of child support ordered and then collected. (So if two parents earn the same $100k/year, a state would lose money by awarding a 50/50 schedule to the children (since, in most states, no child support would be paid from one of these equal earners to the other).) In some ways the strangest part is that each of the 50 states plus D.C. is instructed to develop its own guidelines. So every four years consultants get hired 51 times and government workers get paid to meet in 51 separate places to discuss the same federal Census/USDA “economic data on the cost of raising children.” Unsurprisingly they then come to such wildly different conclusions that a child’s cash value can double or triple with a one-mile trip across a state line. It gets further complicated by the fact that some states cap child support while others offer unlimited cash if you can sue a co-parent with a high enough income. Under a strict guideline calculation, for example, a child conceived and living in Connecticut would have roughly 2.7X the cash value if conceived and living 200′ over the border into Massachusetts (what if the parents had sex in Massachusetts but one lives in Connecticut? Then there is litigation over where to have litigation.)
This isn’t up for discussion but as citizens we might want to ask ourselves why we don’t have a system like in most other countries where the cash profit potential for being a parent is determined on a nationwide basis. Why are states having to pay consultants and employees every four years to do something that the USDA is already doing? (note that UCLA professor William Comanor says they’re doing it wrong, though of course Comanor and the USDA economists are much closer to agreeing than a lot of the state committees) Why are states trying to work with federal data that they don’t understand as well as the federal employees who gathered the data?
As an example of what happens when a state hires its own economists, Kansas is instructive. From our book:
Child support guidelines in Kansas are unusually precise. The state hired a pair of economists to develop a formula based on the USDA analysis of expenditures by Americans on children (see the Methodology chapter for a discussion of UCLA Professor of Economics Bill Comanor’s alternative approach). From this starting point, the economists built a formula that that uses 10 digits of precision. E.g., support for a single child if combined gross monthly income is over $15,500 is 2.795182393 times income raised to the 0.689838232 power. This is a declining exponential function that results in a lower percentage of income being ordered for child support as the total amount of income increases. I.e., unlike California, Kansas recognizes that if a person earning $1 million spends 10 percent of his or her income on a child, it does not follow that a person earning $1 billion would spend the same 10 percent ($100 million per year on one child!).
… one has to wonder about the rationale for establishing a formula with 10 digits of precision. That means that a person entitled to, for example, $2,795,182,393 ($2.8 billion) in child support over 18 years would be entitled to this exact number, not $2,795,182,392 or $2,795,182,394. For a person who was going to collect roughly $27,951 in annual child support, the formula would be precise to roughly 1/1,000th of a penny (and thus necessarily the last three digits would be rounded off). The economists who put forward this 10-digit constant note in their report that it is based on estimates from the USDA. And that the USDA estimates themselves are based on a Census Bureau survey of 21,000 households (out of about 125 million households total). As Kansas contains less than 10 percent of the U.S. population, presumably the survey in Kansas was only about 2,000 households. From this data set the state put forward a child support formula with more digits of precision than the world’s physicists, after more than 100 years of experimentation, have been able to assign to the gravitational constant. The Census Bureau itself says that, in the best case of everyone surveyed giving them perfect and precise answers to questions such as “How much did you spend on food last week?”, their numbers contain errors of at least 1 part in 100. Their statisticians note further than they have no way of estimating “nonsampling error” that is due to people giving them incorrect information. [emphasis added]
It is tough to think of a better illustration of a way to shrink an economy through government regulation than to have bureaucrats in 51 jurisdictions doing stuff like this in parallel.
So… if you have an opinion on the laws that affect 17 million children in the U.S., visit Joe Sorge’s site and then click through to the Federal Register to comment.
My own comment, for reference
I am part of a team of five authors that has researched divorce laws and customs in the 51 jurisdictions nationwide. For our forthcoming book we have interviewed roughly 100 divorce litigations nationwide as well as in nearly 10 foreign jurisdictions. We have also interviewed research psychologists, retired judges, and legislators.
We found that the U.S. was unique worldwide. We seem to be the only country where simultaneously (1) obtaining custody of a child can produce more cash than going to college and working at the average college graduate wage and (2) custody of a child is up for grabs and therefore open to litigation. In other countries either the maximum child support obtainable will cover only basic expenses, e.g., $2,000 to $8,000 per year in Scandinavia, or there are strong presumptions regarding how a custody dispute will be resolved, e.g., “mom always wins” or “children’s time split 50/50.” The result is that, as a society, we expose our children to far more custody litigation than any other country in the world. In addition to the psychic toll, this costs us close to $50 billion in cash every year and consumes additional public resources for investigating litigation-motivated claims that a custody defendant is a molester, prosecuting and imprisoning parents who don’t pay child support ordered, etc.
Consider two doctors in Chicago with two children and each having an after-tax income of just over $200,000 per year. Illinois generally favors the selection of a “primary parent” but, with two working parents, a time split of 60/40 or 55/45. Both parents will have to dedicate rooms for these children so the difference in actual cost at 55-percent time versus 45-percent time will be minimal. But the Illinois child support guidelines will result in the loser parent being ordered to pay the winner parent roughly $1 million. The difference between being the winner and loser is therefore roughly $2 million in after-tax wealth over an 18-year period. Illinois thus turns children who are fortunate (each parent has enough income to support both children comfortably) into children who are unfortunate (the parents accept the state’s invitation to wage a scorched-earth custody battle, each trying to be the winner with slightly more parenting time and $2 million in extra cash).
Based on our interviews, the more profitable child support is, above the roughly $4300 per year that UCLA economist William Comanor has found to what middle class parents actually spend on a real world child or the roughly $9,000 per year that the USDA says should cover the costs in a theoretical world, the more litigation occurs. Attorneys report that, compared to in jurisdictions where child support is capped at a modest sum, parents are much more likely to engage in aggressive litigation to obtain the $40,000 per year (tax-free) at the top of the Massachusetts guidelines for a single child, the $72,000 per year at the top of the Utah guidelines, or the potentially millions of dollars in annual child support available in California. (Note that “top of the guidelines” is not a limit; depending on the state, it may be merely a starting point when a high-income defendant is sued.) Attorneys in all of the states where children are profitable told us about parental savings being completely drained for litigation regarding the extent to which one parent would own a cash-producing asset (i.e., a child).
The attorneys’ perspective is backed up by research, e.g., Maya Rossin-Slater and Miriam Wust’s “Parental Responses to Child Support Obligations: Causal Evidence from Administrative Data.” Here’s how we summarized their work:
[the authors] found that what a mother might have gained financially from child support, the child lost in terms of reduced contact with and effort from the father: “mothers, who have substantial say in custody decisions [in Denmark], have the opposite incentive to refuse to share custody and instead receive the higher payment [for child support, compared to shared custody]. … fathers may treat financial transfers as substitutes for other forms of non-pecuniary investments and contact with children, which would also lead to a negative relationship between child support obligations and father-child co-residence.” The economists found that “an increase in the father’s obligation may lead to less attachment to his existing children and more time available to invest in new offspring.” (See the “Divorce Litigation” chapter for our interviewees’ perspective on how the main opposed interests in a divorce lawsuit are the plaintiff parent and the children, not the plaintiff and adult defendant.) The researchers also found that fathers who were ordered to pay more child support were more likely to have new children, thus diluting the time and energy available to prior children, and that fathers who were ordered to pay more child support reduced their working hours due to “market distortions generated by the ‘tax-like’ nature of child support mandates.” Mothers who received more child support cash for existing children were motivated to have additional children, either with or without a live-in partner: “mothers receiving higher child support payments for current children may expect higher transfers for future children if they separate again.” Note that this research was done with data from Denmark, where child support is tax-deductible and capped at $8,000 per year. The effects that they observed would presumably be larger in the U.S. where child support payments are not tax-deductible and can be $25-100,000 per year.
The incentives are simplest to understand in a state such as Wisconsin, where custody of one child entitles the winner to 17 percent of the loser parent’s pre-tax income (about 33 percent of after-tax income). This means that the person who has a one-night sexual encounter with a surgeon will have one third of a surgeon’s spending power. If that person has a second child with a different surgeon, as predicted by the Danish study above, he or she will now have two thirds of a surgeon’s spending power. If the child support recipient then has a third child with a third surgeon, he or she will have the same spending power as a surgeon. Politicians tell Americans to study STEM subjects and work hard in college, but a thoughtful child support plaintiff can enjoy a comparable spending power without ever attending college, working, or paying income tax.
Similarly, while politicians tell Americans to settle down and form stable families, the child support system provides financial incentives to do the opposite. Having three
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