Are Non-Custodial Parents Getting the Raw End of the Deal?

There is Not Enough Attention Paid to Monetary and Emotional Issues Regarding the Lack of Equality Bestowed Upon Many Non-custodial Fathers

Heidi Chambers
Benjamin Franklin may have said it best when he stated, "…in this world nothing is certain but death and taxes." Perhaps child support should be added to that quote! Quite often, we hear about "dead beat dads" and how much effort goes into locating them to force them into taking responsibility for their children. Luckily, this pursuit for justice has been more and more successful these days. It is unfortunate that the children of dead beat dads do not receive the love and attention from the father, but at least with the support money, they are more likely to be adequately provided for. On the other hand, there are many fathers that do take responsibility for their children. There is not enough attention paid to the issues regarding the lack of equality a non-custodial parent receives. The lack of fairness is not directed only at the monetary aspect, but to the emotional facet of it all.

Hypothetically, let's explore a scenario where I will exemplify the father as being the non-custodial parent. (But take into account that these issues also happen when the mother is the non-custodial parent.) Let's say the parents are divorced after being married only a year and the mother moved to a different state. They have joint custody but the child lives with the mother more than half of the year.

* The father pays $600.00 per month for child support. Because he cannot afford to pay it all in one lump sum per month, he sends a $300.00 check to his ex-wife every two weeks.

* He has never once missed a payment and sends extra money for things such as dance lessons or little league.

* The father only gets to see his child when he can afford to fly to the state she lives in. If the child is under age 6 or 7 (too young to fly alone) and he desires a visit in his home, he must fly to retrieve the child and fly them both to the state he lives in. Subsequently, he flies with the child back home and of course, flies himself home again. Due to the current gas and oil crisis, plane ticket costs have sky rocketed. If each ticket costs $450.00, this one visit would certainly cost him $2,700.00. Moreover, that's not even taking all other expenses into consideration.

* The father pays for the child to be on his health/dental insurance, pays for all co-pays, and all extras that insurance won't cover. (i.e. Filling cavities, vaccinations, co-pays for medications, etc.)

* The ex-wife always finds excuses and creates hassles whenever the father wants to see the child. Repeatedly, phone calls placed to either speak with his child and/or to the mother regarding the child are rarely returned. Paternal grandparents and other family members of the father receive the same results.

Unfortunately, hypothetical situations such as that one are extremely common. It is also well known that judges often rule in favor of the mother to be the primary parent. Even in cases when a father sues for custody because he believes (and willing to prove) that he can provide a better, more stable environment for the child, are mostly denied. If both can prove they are good parents on an equal determination, why does the primary custody go to the mother most of the time? Is a child really better off with the mother? I know some mothers that shouldn't own a pet rock but they have custody of the kids; even when the father is clearly willing and able to provide better care.

Newer tax laws now give a higher refund amount of money on tax returns for each child claimed. (A friend of mine with 4 kids told me that in addition to their income refund, he and his wife received $8,000 by each claiming 2 kids.) A divorced father is not entitled to A DIME of that money, nor can he even claim child support payments on his taxes! It makes no sense that a company can "write off" a lavish holiday party and "business dinners" as business expenses, but a loving, caring, and responsible father can't even claim a cent from all the money he pays out during the year.

Regarding that hypothetical scenario, wouldn't it at least be fair that since he pays over $7,000 a year and she receives a refund of say, $2,000 for claiming the child on her income tax, that he should be able to lower his monthly payments from $600.00 to $517.00? That would be calculated by subtracting $83.00 per month of the prorated amount from $1,000.00 (which is half of the $2,000 she gets from the government.) An alternative and even simpler solution would be to also allow the non-custodial parent to claim the child on his taxes. Secondly, if after the child starts school and day care is no longer needed, shouldn't the father get to reasonably lower the amount of his monthly support a little now?

If a mother claims a specific amount of child support is needed, she should be required to prove the necessities with receipts for at least a few months. Such receipts should be detailed as to what was purchased, i.e. groceries, day care if applicable, school supplies, clothing, etc. The amount of child support should also be re-evaluated whenever a life stage evolves, such as going from day care into full-time school. This could also assure the father that the child support is indeed being used for the child and not for the mothers' own personal use. It has been proven in many court cases that the parent receiving the child support payments was spending much of it for personal use; having nothing to do with the child. Imagine paying $600 or more per month for a child who is in first or second grade. The mother doesn't make much salary income and reminds you of that every chance she gets. But miraculously, she is able to take your kid, her child from a previous marriage, and her new boyfriend on a Disney vacation for a week. Kind of adds insult to injury, no? Don't laugh. It happens all the time.

Most fathers are not concerned about paying the money for the support of their child, per se. However, the tax benefits to the mother, cooperation from the mother for visitations, the fathers' monetary costs to visit a child in or out of state, and the regular child support payments seem to be unfair for being a joint custody situation. It is especially unmerited when a father would be more than willing and actually quite happy to take the child for extended periods of time or even full time, yet repeatedly denied. Visitation requests from the father must always be compliant to the convenience of the mother. Whether or not the mother and child live in the same area, many mothers are not willing to allow the child to live with the father part time, have the child for certain holidays, or often not even for longer than a few requested days. More often than said, it is due to ill feelings toward the father or for fear of not receiving the same amount of the current support payments. As a result, the father is often cheated out of certain life changes, decisions, and general involvement in the child's life. Fathers are relentlessly forced into being constituent of the mother's decisions and her amiability, lest being denied of future visitations and amicable cooperation.

If that is considered "joint custody," then it is in dire need of change. It seems as if the father pays the monetary support, yet reaps only a very small amount of the experiences.

Consider yourself as a non-custodial father in this situation. This is not only unfair for monetary reasons, but for the fact that the primary parent calls most of the shots (while getting paid to do so by you AND by the government.) And, it's also unjust due to the amount of quality time you are often denied (or unable to financially afford) to spend with the child as he or she grows up. It's all simply a slap in the face to a deserving parent who is a responsible, loving father and guilty only of missing out on the fair amount of time with his own child.

We know who is protecting the children and we know who is protecting the mothers.
My question is: who is looking out for the fathers?

Published by Heidi Chambers

I offer a wide variety of views and opinions on many topics and subjects. With my personal and professional experience, I am sure I will be a benefit to a large variety of readers. Published in various antho...  View profile

  • For specific and/or geographical help regarding your legal rights, you can find further information by going to: www.legalproblems.org
  • "It is also well known that judges often rule in favor of the mother to be the primary parent."
  • "The ex-wife always finds excuses and creates hassles whenever the father wants to see the child."
  • " Is a child really better off with the mother?"

15 Comments

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  • mother1/20/2011

    I agree with a lot of you and i empathize with anyone having to pay child support that is truly trying and paying. I think all this enforcement stuffis for people who dont see their kids and dont pay as well. I have to pay child support fofr my child because her dad has her 55 more calendar days than I do. So i got stuck paying him support in which I feel like I am paying doube because she is with me every weekend Thu-Sun and I have to buy food and clothes for her and I also have to send him money to do the same. He has new cars, I am currently on the bus with children. When I lost my job, the arrears kept adding up. The minute I found a job I called to give them information. I just think it sucks that some ofus get to see our children and still have to pay... Just because it doesnt add up equally on the calendar.

  • sympathizing with all those dads out there...12/29/2010

    I agree whole heartedly with your article. I am a mother with 45% custody time with my 14 year old son. His dad has remarried and had 3 more children with his wife of 10 years. She makes well over $100K a year and he stays home. Because he doesn't work, I am paying him $700 a month in child support payments. So far, I have paid him over $8000 this year and he has bought our son 2 pairs of tennis shoes and a bag of socks with my money!!He bought a home when my child support payments started and I had to move out of my home into an apartment in order to make my payments. He has brought all these children into this world and doesn't have to support any of them!! How is that fair!!??

  • Custodial Mom9/13/2010

    Same old whining and bitching. They are your children and $600 a month doesn't cover a child's expenses. You wouldn't be able to pay a daycare that pitiful amount.

  • ncp in nm8/10/2010

    I couldnt agree more with alot of these comments for the ncp dads! I was a self supporting mom with 3 children. I supported them myself. Father quit paying support & spousal support after 2 years. SO What! I managed and didnt want his help. The kids understood. They are close to their father now but I dont mind. What happened was between me and they're father. If he had them he bought whatever they needed. But only when they were with him. I remarried about 3 years later a man with 4 children. Back support over $100,000.00. Because he never modified when his income dropped. He has been paying for over 11 years. Now 3 of the children are of age. Youngest is 20. He's now supporting his EX! 26,000 a year in child support on a $50,000 income with no deductions! All because she feels he owes it to her! By the way she is also collecting support for 2 other children..Talk about using the system!! So you single moms need to quit crying, get off your lazy butts and get a job!!! IT CAN BE DO

  • Jimmy THE DOOD3/27/2010

    I have come to terms with not being able to claim child support on my taxes to get a break however i look at the custodial parents tax return payout as a indirect bonus (in addition to my child support payments) from me to them for taking care of my critter while i am not around.

  • lila2/1/2010

    My baby is 19 months old, and i want to file for divorce,for the past 28 months he has been cheating, being violent and has spent the minimum amount of tie with his baby. now I am fed p and I want divorce now suddenly he wants custody of the kid ! he has never given him breakfast or lunch or dinner, he has changed diaper may 20 time in 19 months. he has spent less than 10 minutes a day with his kid! now he wants 50-50 joint custody?

  • cristina9/22/2009

    Well as a female non-custodial parent and experiencing taxes taken,jail time and lisence suspended and no fairness of justice.Seeking help and no results.

  • Scared5/30/2009

    I can no longer afford to live life bc I have to pay so much & loose so much more in taxes. I can't afford a lawyer for advice, & the divored also caused me to loose my retirement, & go bankrupt. Even when I get my kids, I have to skip a bill, just to feed them when they are here. we need a quarterly review on child support adjustments so that people stand a chance at rebuilding a life after divorce. A year later, she remarried into a six figure income, but still gets all of my money as well.

  • Frustrated1/27/2009

    as a non-custodial father im frustrated that the courts dont care where the monthly support payments come from , i had a modification to reduce monthly payments for 6 months , i get a supena to return to court , i go there sit all day there to tell me that is going back to original amount and to have a DA tell me that if i go for a another modification to the lowest possible amount that it would be thrown out , who gave her authority to judge weather or not it would happen , im not bailing out of paying, its that im out of work and they dont have compassion to those that are stuggling to maintain a life for them selfs.

  • gina12/18/2008

    i agree with you the system dont care about the non-custodial parent my husband pays child support to three different families me being one of them and they are making it a hassle to take him off and we are legally maried and them he pays for 3 other children which comes out to almost 800.00 a month and he has only missed like two or three months because he got cancer and was going under chemo and his arrears are like 3 or 4 thousand dollars and it is all intrest my husband stresses about this all the time we barely make it and they dont care . if they expect these fathers who are trying to pay back they need to quit adding intrest i would understand if they were just flat out not payin well them punish them but not the ones that actually try.

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