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RE: No-Fault Divorce, Children and Poverty discussion (no religion here, please)
(03-06-2014 01:41 PM)GoodOwl Wrote: I wanted to separate this post on no-fault divorce and its implications on children, poverty and society independent of any religion out here in this thread because I would sincerely like to have the boards thoughts and examinations of the ideas I have put forth in it. I am not looking for any religious justification or conversation at all on this subject, so please save that for another thread you can start if you want to go down that route. Let's keep this one secular and approach it from a financial perspective. Thanks.
GoodOwl.
The quoted text was taken from the other thread on the War on Poverty: 50 Years, where that discussion continues:
http://csnbbs.com/thread-680158-page-3.html
Quote:Poverty is most concentrated among broken families. For all families, the poverty rate was 13.1 percent. But 34.2 percent of families headed by a single female were considered below poverty, and 22.8 percent of households composed of unrelated individuals were considered to be in poverty.
I want to first state that I believe all people should be free to voluntarily make their own choices, but that they should then be held responsible for the results of their own free choices, not society at large, especially where it comes to the financial costs of those choices.
I read the above quoted fact as families that once were whole (married and living together) and are now not whole (divorced and/or separated.)
It seems the first place to start is to significantly strengthen the bonds of marriage and shore up the ties that bind two people who freely decide to get married to stay together. That would address the 1/3 of those families living in poverty, which is a significant number.
No-fault divorce should be eliminated as an option if there are any children of the marriage. Notice I am not stating that divorce for real grounds is not an option here. I am also not saying that no-fault divorce between two people without children should not be an option here. But when there are children involved in a potential divorce the grounds should be more than "I don't feel like it anymore and don't want to be responsible" because of the costs to those children and their future. If you don't want to risk it, don't freely choose to freely get married in the first place.
Some would say that would "trap" people in a bad marriage. This is incorrect. This change would incentivize people who freely chose to get married to honor their choice responsibly and have them deal with the consequences of their free choice, rather than making society at large pay for it. If there is a real reason for a divorce, then let it be known and so adjudicated.
Children are the real victims of no-fault divorce. Every time. The repercussions of no-fault divorce extend into creating the repeating cycle of need for the welfare state far beyond the capacity of the system to sustain it.
Marriage should be raised to the level of a privilege, with respective positive benefits and incentives, not a negative drag on society.
Marriage is a social contract freely entered into by two individuals. The individuals freely exercise their power of choice when they decide to create a marital bond.
Once there are children of that marital bond, the primary responsibility of both parents is no longer to themselves and their own selfish desires, but to their children, who need to be raised as they cannot take care of themselves independently. No one forced them to have the children, they freely chose to have them.
The option to leave, without grounds for doing so, is the problem in these cases, which comprise a significant portion of the poverty population. The answer then lies in first raising the bar of marriage much higher than it has been. It should not be easy to get into a marriage, and it should be much more difficult to get out of one, especially once there are children of that marriage.
No one is suggesting that a spouse should be required to stay with an abuser at all. On the contrary, people in abusive relationships also contribute to poverty levels. But abuse must be proven, not merely allegated. Today, this is most often not the case, and a major cause of this problem. The court system provides a mechanism to do that, but it is seldom used. Most divorces are settled outside of court without any grounds, and that is a fundamental problem of the failed "no-fault divorce" experiment of the last 40 plus years.
Many divorces are settled without any real knowledge of the legal system, behind closed chambers by judges without any public disclosure of the proceedings. No court reporters are currently required. It would better protect the interests of the children if court reporters were made mandatory in any divorce proceeding that involved a child. The couple seeking the no-fault divorce would be required to pay for that record, and it should be required that it be entered into the public record (striking out personal financial info such as social security and bank account numbers, etc...) Again, criminal divorce trial with grounds alleged, those grounds would have to be proven. Court would provide a court reporter in a criminal divorce case where none could be afforded, which protects the parties and the child from injustice in the proceedings.
Now, if the bar to get married were raised, and the bar to get divorced were raised, requiring grounds to be proven in court if there were children of that marriage involved in order to obtain divorce, then many people might choose not to get married in the first place and just have their kids out of wedlock, which the study says is also a major contributor to poverty and the need to spend money on all these programs that have been unsuccessful.
My response would be to begin redirecting a portion of what is spent on the programs to fix the problems created after it happens, to incentivizing the married couple to work out their problems on their own before they seek to get divorced, which the study shows would help reduce the level of poverty in the first place, thus saving the money it costs for the services and programs.
Society would be better served to spend more money on counseling and services for troubled couples seeking divorce, and to require thorough and intensive evaluation of the issues involved before going to court and before granting a divorce on grounds. The study results suggest that it is far better for society to seek to keep the marriage together in one household in order to reduce the poverty rate than it is to spend money and social programs on two separate households and a broken family afterwards, which is wasteful and inefficient.
Additionally, and necessary to address the out-of wedlock problems involving children, marriage should be incentivized far more by the social system with major tax breaks and financial incentives far beyond what we have now for married couples to be formed and to stay together. Any marriage is better for the children of that bond than any divorce, in general. Much research has been collected besides just this study over the past 40 plus years to prove this fact.
This is fundamentally where the greatest amount (but not all) of poverty and the related crime, imprisonment, proclivity to abuse of substances, infidelity, etc... present in our society today comes from. Those ills, which cost all of society and our economy greatly, would be vastly reduced by making the change of making any marriage worth obtaining and worth staying in instead of leaving, especially where children are involved.
Tax breaks should apply equally to any married couple whether filing jointly or married filing separately. The reason is that in our modern economy, where many people are self-employed or separate filers, this opportunity to participate in the financial benefits is not available to them, and it greatly weakens the incentive to keep a marriage intact, especially where financial issues are often the number one cause of divorce. Reduce the financial pressure on the two parties, and reduce the incentive to divorce as a false solution to some of their issues and thus also reduce potential and actual poverty after a marriage has been broken.
Another idea might well be looking into creating an Infidelity Tax in order to protect women (and more often today, men) from abuse, especially. Where it can be proven that a child is resultant from an affair outside of a marriage (which, lets face it, is happening far too often, and costs society in the potential and actual turmoil it creates on marriages and broken families) there should be a substantial financial penalty to be paid by the perpetrator in order to de-incentivize the behavior, which is shown to cost society in the tendency for an unfaithfully-conceived child to be the cause of a family breakup which the study shows is a major contributor to poverty and its related societal and government costs.
The goal is to incentivize and create good strong, stable marriages between two adults where they bear the responsibility and cost of raising their own children and staying together rather than society bearing the costs of peoples selfish running from responsibility without cause, for merely selfish reasons. These financial incentives would also generate interest between parties in creating marriages and not having them broken up or fixing them themselves before they do in order to retain the financial benefits of marriage that would be created, which really do not exist now.
Consider that a person who is married today, can in many cases, especially on the lower end of the income level, come out financially ahead by getting a no-fault divorce, or by having many children out-of wedlock than they can by striving for and getting help staying in a stable marriage. That statement is even more true if the person seeking the no-fault divorce is a woman. Not coincidentally, the majority of no-fault divorces are initiated by women with children.
Our present system is set up to incentivize the very social ills it then seeks taxpayer money to "correct". This is a**-backwards thinking.This has to change in order to address poverty. There is something fundamentally wrong with the social system as it is currently set up, and it has everything to do with financial costs to the women and children of society and nothing to do with any religion or religious belief. This is about money. Isn't that what everyone wants to have more of?
An interesting look at the problem. I wonder if the tax incentives would make a significant difference in keeping families together? I'm not sure how I feel about making it more difficult to obtain a divorce. You know the old saying about not being able to legislate morality.
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