What it feels like to lose a family court relocation case

“I was forced to raise my kids in Texas for 14 years” (NY Post) is an interesting piece regarding how it feels to come out of a garden-variety U.S. family court lawsuit.

The husband and wife both want to get rid of each other, but are trying to be strategic about it (and certainly neither of them seems to care about the kids!). The wife is unwise enough to agree to move to Texas where divorce is not a terrifying prospect for the loser parent. Child support is capped and, by statute, the loser parent can take care of the kids up to 43 percent time, including a 30-day summer vacation. Alimony is capped and generally disfavored. The husband figures this out and sues her in Texas before they end up in some jurisdiction that is less favorable to the “breadwinner parent”.

The mom/author becomes the winner parent, but experiences the win as a loss because the husband won’t agree to let her move with her winnings (the kids) to New York or Boston (the author doesn’t mention it, but if she had moved and the husband ever moved out of Texas, she might have been able to collect 5-10X as much in child support cash; see “Relocation and Venue Litigation”).

The author forgives herself for her role in breaking up the kids’ home:

I was afraid to tell my daughters about the divorce, and I delayed the conversation. Finally, one day when they were playing catch, I told them that sometimes parents live in two different houses and that is what we would be doing and everything else would be the same. They said OK and asked if they could go back to playing catch. I realized at that moment that if I could, in fact, keep everything else the same, or close to it, their lives would be as good as any other kid’s.

This perspective is not supported by the research psychology literature, but Americans have convinced themselves of it. (some references) The “single parent” believes that she will be a role model for the girls:

In Texas, I raised my children and myself, I like to say. Being stuck first in a bad lonely marriage and then held by law in a bad lonely place turned me to steel. For 14 years, I believed that I could withstand any assault and resist weakness of any kind. I could do anything, say anything, fight for anything. I was independence personified, a show of strength that my daughters could rely upon and emulate.

This is true, statistically and anecdotally. The researchers say that children of single parents are more likely to become single parents. The lawyers say that daughters of moms who collect child support are more likely to become child support plaintiffs.

The kids’ inheritance and college funds are diverted to the lawyers:

Although our divorce was finalized in 2003, for a stretch of years after that, there were additional lawsuits over custody and visitation rights, one after another.

Not having read the Nurture Assumption, she believes that her 14 years of litigation and living where she didn’t want to live have influenced how the kids turned out:

[the now-adult daughters] are remarkable people, something I knew from the start and fought to preserve. I am proud of the fight.

Maybe this article will inspire married folks to talk to a divorce litigator at the proposed destination before they move to a new state?

Related:

Full post, including comments

Explanation of relationship between California fires and flooding

Before New Yorker discovered a surefire path to profitability in continuously reminding readers how much smarter they are than Republicans, the magazine had space for some interesting articles. Back in 1988, for example, they published a series of long articles by John McPhee titled “The Control of Nature”. Given the latest fires then flooding/mudslides in California, a good place to start is “Los Angeles against the Mountains-I”. Here’s an excerpt explaining how the fire blocks subsequent rain from being absorbed:

In the course of a conflagration, chaparral soil, which is not much for soaking up water in the first place, experiences a chemical change and, a little below its surface, becomes waterproof.

In the slow progression of normal decay, chaparral litter seems to give up to the soil what have been vaguely described as “waxlike complexes of long-chain aliphatic hydrocarbons.” These waxy substances are what make unburned chaparral soil somewhat resistant to water, or “slightly nonwettable,” as Wells and his colleagues are wont to describe it. When the wildfires burn, and temperatures at the surface of the ground are six or seven hundred centigrade degrees, the soil is so effective as an insulator that the temperature one centimetre below the surface may not be hot enough to boil water. The heavy waxlike substances vaporize at the surface and recondense in the cooler temperatures below. Acting like oil, they coat soil particles and establish the hydrophobic layer—one to six centimetres down.

In the first rains after a fire, water quickly saturates the thin permeable layer, and liquefied soil drips downhill like runs of excess paint. These miniature debris flows stripe the mountainsides with miniature streambeds—countless scarlike rills that are soon the predominant characteristic of the burned terrain. As more rain comes, each rill is going to deliver a little more debris to the accumulating load in the canyon below. But, more to the point, each rill—its natural levees framing its impermeable bed—will increase the speed of the surface water. As rain sheds off a mountainside like water off a tin roof, the rill network, as it is called, may actually cube the speed, and therefore the power, of the runoff. The transport capacity of the watershed—how much bulk it can move—may increase a thousandfold. The rill network is prepared to deliver water with enough force and volume to mobilize the deposits lying in the canyons below.

More:

[Let’s compare this 1988 piece, just as interesting 30 years later, to what they’ve published lately:

Who will want to read the above in 2048?]

 

Full post, including comments

Californians who advocated for higher tax rates are now freaked out about California’s 50 percent income tax rate

My California Facebook friends are still lamenting the new tax rates and advocating for California to run a charity-in-lieu-of-state-tax scam (see nytimes).

What is the top rate in California for personal income tax?

  • 37 percent federal
  • 13.3 percent state

(There is also the 3.8 percent Obamacare tax, but it applies only to capital gains and dividend income, which generally start from a lower base rate.)

The total top tax rate, therefore, is 50.3 percent and it applies only to people with higher-than-median incomes. The folks who say that this is intolerable were previously posting suggestions to return to an Eisenhower-era tax rate of 90+ percent (but people worked around this by paying at the capital gains rate). If they advocated for 90 percent on high incomes, why is 50.3 percent on high incomes intolerable to them?

Full post, including comments

No free lunch (at Google) for thought criminals

It is a fun/interesting day for Americans whenever Silicon Valley icons Ellen Pao or James Damore are in the news. We can celebrate today because Mr. Damore, the Google Heretic, is back.

In a previous post, I summarized a Hillary-voting anti-development friend’s position with

1) immigration into a nation of 325 million is good and needs to be supported with passionate political effort

2) immigration into a town of 13,444 is bad and needs to be fought with passionate political effort

Maybe he can get hired at Google, based on “James Damore sues Google, alleging intolerance of white male conservatives” (Guardian):

The suit also alleges that Google maintains a “secret” blacklist of conservative authors who are banned from being on campus. Curtis Yarvin, a “neoreactionary” who blogs under the name Mencius Moldbug, was allegedly removed from the campus by security after being invited to lunch. The plaintiffs subsequently learned, it is claimed in the suit, that Alex Jones, the InfoWars conspiracy theorist, and Theodore Beale, an “alt-right” blogger known as VoxDay, were also banned from the campus.

The suit will likely reignite the culture wars that have swirled around the tech industry since the election of Donald Trump. Many liberals within the tech industry have pressured their employers to take a stand against Trump policies, such as the Muslim travel ban, and companies have struggled to decide the extent to which they will allow the resurgent movement of white nationalists to use their platforms to organize.

So permanent immigration of folks from countries where a desire to wage jihad is common (as estimated by Americans who don’t speak the language and don’t know anything about the culture!) is good. But lunchtime immigration of people who might offend the snowflake brogrammers is bad.

[Separately, I’m not sure how any Trump policy can be characterized by a neutral journalist as a “Muslim travel ban.” Countries with the largest Muslim populations, such as Indonesia and Pakistan, were not on the list, were they? Even if the ban had been implemented as proposed, approximately 1.7 billion Muslims would have been exempt from it.]

From a legal angle, I don’t see how this can be a class action lawsuit. Can there be more than a handful of Google employees who will admit to not supporting Hillary Clinton? And in a nation that lacks coherent political ideologies or any significant number of politicians who support an ideology (rather than ad hoc methods of getting reelected), what method could be used to identify a person as “conservative”? If gender is fluid, how could “males” be identified to join the class? What happens if they switch their gender IDs over the years of litigation? And finally what does it mean to be definitively “white”?

Readers: What’s your favorite part of this new chapter in the Google Heretic Saga?

Full post, including comments

Our local public transit system spends more than a year of revenue on cash registers

Our local transit system wants to spend $723 million on a “fare collection system” (i.e., cash registers): “The MBTA has a $723m plan to change the way you pay for rides” (Boston Globe).

What’s interesting about spending three quarters of a billion dollars of taxpayer money? The system’s annual revenue was $577 million in 2014 (dot.gov).

In other words, in the best case scenario in which there are no cost overruns, the MBTA will spend more than a year of revenue on hardware, software, and maintenance to collect revenue.

[The system being discarded in favor of this new $723 million one is the CharlieCard, launched 11 years ago. How broken is the old system? The Globe article says

The 36 MBTA union electricians who service the fare system would no longer be needed once Cubic takes over. But Ramirez said none would be laid off and could take on new jobs working on improving the T’s signals and other electric work that would improve the system.

If we figure that each union worker costs $400,000 per year, including pension and health care benefits, that’s about $14.4 million per year to maintain the old system. (separately, I think it is interesting that these guys who are experts at tinkering with vending machines will now be monkeying with the mission-critical signals!)]

My local Facebook friends were discussing this. Here’s an exchange:

  • Me: If only someone could invent a lightweight plastic card that could be used for payment in a whole bunch of different stores and service providers.
  • Friend: I made a startup years ago that tried to address this very thing. It’s not easy…
  • Me: you invented the Visa card? That’s awesome !
  • Friend: hahaha – I didn’t read super-closely… but – I made a system that would be able to handle use-cases like payment, check-ins (like getting on the subway or at the airport), getting points, etc. – all with one card.

Given the horrific congestion that we have on our streets daily I do wonder why we don’t make the subway free and/or give each rider a free cup of coffee and donut (raise driving tolls at peak hours to support this!). But if we must charge a fare, why not strike a deal with Visa and have everyone use a Visa or EBT card? (sell Visa cash cards in the station for those who neither have credit nor welfare)

Full post, including comments

Exciting news for helicopter and camera nerds: DJI Ronin-S

If you’ve always wanted to get images from a $400,000 helicopter that look as good as what comes out of a $400 drone, DJI has announced the Ronin-S, a simple gimbal stabilizer for a Sony Alpha mirrorless camera or old-style DSLR.

If only these folks would make a ball to stick underneath the helicopter and a remote control!

(Simpler solution: $129 DJI Osmos 2 smartphone gimbal.)

Full post, including comments

Pussycats book by an Israeli sourpuss

In the comments to “The President of MIT emailed me“, Natalia suggested the book Pussycats: Why The Rest Keeps Beating The West, And What Can Be Done About It. The author, Martin van Creveld, is a 71-year-old Dutch-Israeli military historian.

This review is mostly a response to Natalia (and thanks for being a loyal reader!), but perhaps others will be interested. Note that nearly all of the excerpts below contain references to journal articles supporting the author’s assertions. I’ve removed these for brevity/clarity. But keep in mind that when he says “Americans are likely to do X” it is something for which he has cited a social psychology paper or military report.

My thoughts after reading 10 percent: So far he has anecdotally come to the same conclusion as the academic psychologist who wrote iGen: young Westerners are taking much longer to grow up than previous generations did. Thus an American, European, or Israeli 18-year-old today is like a 14-year-old back when I was a kid (i.e., before cities were electrified, etc.). This is bad news for Western militaries because they are essentially sending 14-year-olds into battle where they lose to grown-ups who are barely armed and equipped.

The author is good at describing the military problem:

The outcome [of the West’s feebleness] was the Vietnam War. Judging by the amount of ordnance expended or dropped, and the number of people killed, no colonial war in the whole of history had ever been waged with greater ferocity. All to subdue an opponent whose leader looked like a poor relation of Santa Klaus, wore black pajamas and sandals made of old tires, subsisted on the proverbial handful of rice, and operated an electric grid so small that even destroying eighty-seven percent of it made no difference. A quarter-century later the Americans, encouraged by the aforementioned victory over Saddam (as well as the much smaller one over poor little Serbia in Kosovo), compounded their error by invading first Afghanistan and then Iraq. Neither country was in any condition to fight back. The former, indeed, hardly deserved to be called a country at all. Both were overrun quickly and at very low cost. Yet the wars in question, far from producing quick and easy victories as President George W. Bush, Secretary of Defense Donald Rumsfeld, and their advisers had confidently expected, became protracted. Before they were over they produced tens of thousands of casualties, and while most Western troops have been withdrawn an end may not be in sight. The financial cost, including that of looking after wounded veterans and replenishing the depleted forces, is said to have been anything between 4 to 6 trillion dollars. So heavy is the burden that it is most unlikely ever to be fully paid. All for no gains anyone could discover.

The roots of the “lifelong childhood” problem?

Never in the whole of history has the age in which such people started counting as adults been as high as it is today. The origins of the change are to be found during the 1820s. According to that invaluable research tool, Google Ngram, this was the time when writers suddenly started using the term “childhood” much more often than before. Sixty years later, the term “adolescence,” which two anthropologists define as a period during which young people are “kept in the natal home under the authority of parents, attending school, and bedeviled by a bewildering array of occupational choices,” followed suit.

[Note that Lifelong Kindergarten is now a goal!]

Why did we do this?

After centuries and centuries during which their main function had been to levy taxes, bureaucrats were flexing their muscles in quest for greater power. Doing so, they found childhood and education fertile fields in and on which to operate. This was carried to the point where, in all modern countries, child welfare and education have been turned into some of the largest and costliest fields of state activity. Others represented organized labor trying to keep wages as high as they could. Or else they spoke for large corporations seeking to force smaller, often family-based, competitors—who were better able to employ youngsters for low wages—out of business. In time, almost everybody got involved in the act. Government passed all kinds of legal restrictions, and set up special agencies to ensure they were observed.

Next came business, which in the US alone makes hundreds of billions a year by helping create and perpetuate a separate “youth culture.” They were joined by international organizations, both state-run and others, many of which seem to consider any kind of work children may do harmful and exploitative. … Regardless of what their motives were, all these people and organizations developed a vested interest in controlling young people. The latter had to be made to spend as large a part of their lives as possible in a state where they would be unable to work, take responsibility, and look after themselves.

[Interesting but not relevant to the main theme is that keeping kids from working may be the root of their problems:

The same applies to the Amish people. As long as most of them were still engaged in agriculture, they made their children work. Children who helped with the family finances felt needed. Feeling needed, they suffered from few of the problems afflicting other American youngsters, such as delinquency, drugs, and teenage pregnancy[ 36]—so much so that a Google Scholar search combining “Amish” with “youth delinquency” yielded hardly any hits. To this day there is no proof whatsoever that children in “developing” countries, many of whom do work, are less happy than those in “developed” ones where the law prohibits them from doing so. Judging by the percentage who are referred to psychological treatment or filled with drugs, the opposite may well be the case.

Conversely, to prevent young people from engaging in [work] is cruel and can be dangerous. Insofar as it excludes them from what is normally the most important adult activity of all, it also goes a long way to prevent them from growing up. Nor are the restrictions limited to child work only. In all “advanced” countries, probably not a day passes without some new law or regulation specifically aimed at the young being enacted. Ostensibly the goal is to help the people in question. In fact, they often hamper them in all kinds of ways. Anything to prevent them from doing as their elders do as a matter of course. And anything to prevent them from competing with those elders and, by doing so, taking over some of the latter’s resources and increasing their own independence. No wonder that, apart from gangs, they seldom organize and engage in activities of their own.

The same can be said of adults. Folks who don’t have full-time jobs seem to be the ones most likely to consume psychotherapy, get diagnosed, and take pills. Imagine how many people would love to be mentally ill, but are too busy making widgets or dealing with customers!]

The Baby Boomer author is not impressed with today’s brats:

Coming together, the two kinds of pressure produce the kind of child who, at the age of ten, is convinced of his self-importance and genius and will suffer a mental crisis each time he is criticized, but who still cannot wash himself and depends on his parents to give him a bath. They are like hot-air balloons that need to be constantly re-inflated. Yet they do not succeed in taking off. And how can they? Superficially the two parenting styles—the one concerned with overprotecting children, and the other with smoothing over any problems and pushing them forward at almost any cost—appear contradictory. In fact, they go hand in hand. Both originate in the idea that, whatever “it” may mean, young people cannot handle “it.” That in turn obliges parents to put in almost superhuman effort, foresight, supervision, and moralizing. In the US, the same role is later played by the colleges. They act, and are expected to act, in loco parentis. The objective is to make the world that young people inhabit predictable, safe, and secure against sadness, pain and, perhaps most important of all, failure.

Young snowflakes who are upset by the above will need to chill out with their legal recreational marijuana and/or medical marijuana and wait for this old guy to die!

The author, presumably fluent in at least three languages, loves to look how people use words and what that says about them:

From 1840 to 1920 males enrolled in institutes of higher learning were known as “college men.” The interwar period saw the emergence of “college kids,” a term which refers to people of both sexes. Rising steeply, by 2000 it had overtaken “college men” and “college women,” both of which seem to be heading towards obsolescence. There even is something called “college child.” … “trauma,” from the Greek “wound,” used to mean a physical injury. Only after 1945 did it extend into the field of psychology as well. There was a time when “oppression” used to mean “unjust or cruel exercise of authority of power” and was almost always backed up by violence. But now we also have verbal oppression, emotional oppression, psychological oppression, and cultural oppression.

Conversely, anybody who is “offended” and is “upset” immediately becomes a “victim.” The implication is that he, and even more so she, is helpless in front or either bad luck or bad people and cannot defend himself or herself. That in turn has given to three new terms, “victimization,” “victimology” and “victimhood.” The first two took off during the 1960s; the third followed in the 1980s. Since then, it has embarked on an even more spectacular career than its older relatives did. Other words that have moved in the same direction are “abuse” and “survivor.” Combining the two, there is even a book about “verbal abuse survivors” who dare to speak out.

He’s particularly sad about how “courage” has been stretched to cover conduct that entails no physical risk and that is engaged in to benefit oneself.

Stepping back from this, consider that Black Elk was 13 years old when he killed (and scalped) at least one U.S. Army soldier at the Battle of the Little Bighorn. He later described how good he felt about this accomplishment, not about suffering PTSD (he was later greatly saddened by his tribe’s defeats, though). Compare to today when parents of teenage boys sue school districts for millions of dollars in cash compensation, claiming that their sons have been irreparably damaged by having sex with a teacher in her 20s or 30s (somewhat lurid example; a more conventional example).

Pussycats was published in mid-2016 and therefore presumably written at least two years ago. Nonetheless, as Natalia noted, it is in sync with the Zeitgeist:

As of 2014 the US military was said to have had more sexual assault response coordinators (SARCs) than it had recruiters. … between 2005 and 2013, almost one third of all officers fired lost their jobs because of sex-related offenses such as adultery and “improper” relationships. … many servicemen are more afraid of being falsely accused of harassment than of the enemy. And with good reason; the number of cases reported each year is incomparably larger than that of troops killed in action.

This is consistent with my experience visiting a local Air Force base at least weekly (our flight school helicopters live in a hangar on the military side of Hanscom Field). Every building has at least a few posters about sexual assault, but I’ve never seen a poster advocating for aggression against the enemy (or even for any kind of success against an enemy).

Why can’t Americans work together or have sex without needing to lawyer up and sue?

As political scientist Francis Fukuyama pointed out, the breakdown of trust is one of the outstanding characteristics of many if not most modern societies. As so often, the US heads

Full post, including comments

#metoo means it is a good time to go to law school?

More Americans are applying to law school this year (see “Law School Is Hot Again as Politics Piques Interest” from the WSJ, for example).

I wonder if all of the publicity around litigation following work-related sex is playing a role. After all, every plaintiff needs a lawyer and every defendant also needs a lawyer.

One new wrinkle that could make a career in law more lucrative is that folks have established a fund to pay plaintiffs’ legal expenses (described by the New York Times as a “legal defense fund, backed by $13 million in donations, to help less privileged women”; the word “defense” is curious since the cash will be used to paid to lawyers who are on the offense by representing plaintiffs).

This has the potential to transform workplace sex litigation into the same kind of opportunity as divorce litigation. From “Divorce Ligation”:

From a more practical standpoint, divorce litigation is more intense than other kinds of civil litigation because, depending on the state, one person can be designated by the judge to pay the legal fees for both sides. “Once my plaintiff gets a hint from the judge that she’ll be getting a fee award,” said one attorney, “she no longer has any motivation to settle. The lawsuit and trial are going to be free for her and anything she gets in the final judgment is gravy.” Another lawyer said “Most civil lawsuits end when each party has spent about as much on legal fees as the amount in dispute. By that point they’ve both learned their lesson that litigation generally makes sense for lawyers, not for litigants. In divorces, however, since all of the fees are being paid by the defendant there is no reason for the case to end until he runs through his savings, what he can borrow from friends and family, and what he can borrow from the bank.”

A competent family law practitioner in the Boston area, where this kind of system prevails, can easily earn $1 million per year.

[Note that this is very different from a contingent fee system in which a plaintiff’s lawyer gets paid if he or she wins. The risk of losing and not getting paid anything (and, in fact, typically being on the hook for some expenses) limits the number of cases that are filed. With a “legal defense fund” paying the lawyer who sues an employer on behalf of, e.g., someone who had sex with the boss but didn’t get a hoped-for promotion, neither the lawyer nor the victim/survivor has anything to lose.]

Readers: What do you think? No society in the history of humanity has ever devoted as much of its resources to litigation as the U.S. does, but we cranked out so many lawyers that, after the collapse of 2008, there was a surplus. Will the #metoo movement help turn this around to the point where going to law school becomes rational?

Full post, including comments

The Millennial Harvard graduate votes

A nephew starts from a base of “I consider myself pretty liberal, and a relatively big proponent of the welfare state.” (this is fortunate because he has embarked on a career in Silicon Valley where the labor shortage is not so severe that a company would knowingly employ a Trump supporter!)

The other day, however, he wondered if unlimited unskilled immigration can be consistent with America’s welfare state, a thoughtcrime most famously committed by Milton Friedman. He linked to this article from Atlantic about how Americans are happy to sit on the sofa and play Xbox if the government gives them free housing, food, health care, and Obamaphones.

A discussion among his friends, most of whom are Millennial Harvard graduates, ensued. A planned economy was popular, e.g., with “If employers were required to pay minimum benefits like living wage and health care to their employees, then the need for welfare reduces. … To stay competitive globally we require the same for overseas exporters, raising quality of life globally.”

The most interesting response:

I think ‘welfare system’ is poorly defined in this case. my hypothesis is that poor people would not leave the workforce if US welfare included mental health service, or in maybe more numbers based terms, whatever correlation there is between social services and high unemployment there is for the poor, there might be an alternate cause (emotional) that could be better served by actual better social services (mental health based)

This is from a woman approaching 30 with a STEM degree from Harvard. I was curious about her reasoning:

Medicaid (taxpayer-funded health care for the poor) does include mental health coverage. “Medicaid is the single largest payer in the United States for behavioral health services, including mental health and substance use services. Medicaid accounted for 26 percent of behavioral health spending in 2009.” (source)

With tens of billions being spent by Medicaid each year on “behavior health and mental health ” services, what makes you say that U.S. welfare does not include “mental health service”? Is it that you don’t think Medicaid qualifies as “welfare”? That what they purchase with these tens of billions is not truly “mental health service”? Or something else?

She answered

I don’t know — do you know what exactly that is? Not trolling — is it neighborhood clinics? Earmarked for nonprofits? I thought Medicaid only applied to people over 65 or with qualified disabilities

In other words, one of the most expensively educated Americans who will ever go to the polls is unaware of a government program that consumes $565 billion per year (cms.gov), roughly 3 percent of GDP.

Related:

Full post, including comments

Average people who enjoy dwelling on the purported idiocy of Donald Trump

“Everyone in Trumpworld Knows He’s an Idiot” (nytimes) is interesting to me because of the thousands of comments. Average Americans (in terms of achievement; nytimes readers are obviously not average in their political sentiments) just love to savor the idea that they are much smarter than Donald Trump. (Yet the supposedly vastly more intelligent Democrats selected as their best candidate a person who had funneled $2 billion, much of it from foreign governments, into a non-profit org controlled by her daughter?)

My Dad grew up in 1930s New York City where a common expression was “If you’re so smart, why aren’t you rich?” It is kind of interesting to me that this perspective has died out. People who cash a $100,000/year W-2 paycheck and spend 10 percent of their after-tax earnings on alcohol (then waste the other 90 percent?) are convinced that a teetotaler billionaire is an “idiot.”

Full post, including comments