Injustice By Default: Reason Almost
Got It!
February 18, 2004
by
Roger F. Gay
The February issue of reasononline
carries an article by associate editor Matt Welch entitled Injustice
by Default, How the effort to catch "deadbeat dads" ruins
innocent men’s lives. There is much about this article
that is worthy of a link and an invitation for readers to click
on it. Unfortunately, when the article is wrong; it is really, really
wrong.
Mr. Welch does an excellent job of
bringing attention to the injustice of wrongful paternity establishment
and the bureaucracy that earns its existence by forcing as many
men as possible to pay child support, whether or not they are fathers.
The two cases he highlights (one of the men is a personal friend)
are in California. Unlike many California newspaper articles that
have focused on problems in the child support system (and have often
done a pretty good job of it) Mr. Welch informs his readers that
the problem is not local, but national, driven by federal laws and
funding, and that a few states have taken steps to combat the problem.
The difficulties men face due to false
paternity establishment are horrendous, and this is the primary
focus of Mr. Welch's article. The article is well researched with
respect to its primary focus and leaves no doubt that a large number
of men have their lives crushed due to the systematic injustice
of a government program. I will not try to summarize the entire
content of the article here. There is a link above. The article
is worth reading.
Had the subject of the article remained
entirely within its primary focus, I would have been willing to
recommend the highest rating from MensNewsDaily.com
(if we had such a rating system – we don't). But Mr. Welch seemed
to have felt a need to bring a superficial "balance" to
the article, and tried to do so by including information that was
not well researched. Despite the corrupt nature of what he found,
he assumes an honest and worthwhile motive for the federal child
support program. After exposing intentional injustice, motivated
by federal funding, he still treats program lobbyists as credible
sources and asserts that the program has been a resounding success.
The subtitle of the article, How
the effort to catch "deadbeat dads" ruins innocent men’s
lives, already gives a hint about the trouble ahead. The "deadbeat
dad" propaganda has already been reviewed. Conclusions of academics
and other analysts, by independent analysis as well as review of
the basis of the propaganda itself, leave no doubt that my use of
the word "propaganda" three times in this paragraph is
well justified.
"That’s what
they’re trying to do, is get some reimbursement to the state,"
says Carolyn Kelly, public relations officer for the Contra Costa
County DCSS. "As you can imagine, [that’s] millions and millions
and millions and millions of dollars."
It would take someone who has investigated
the child support enforcement program to a much greater extent than
Mr. Welch to challenge Carolyn Kelly's justification. I won't fault
him for not slamming a counter explanation directly against hers.
But she's just a warm up.
The bottom-line results
have been impressive: Since 1993, according to Senate testimony
last March by Marilyn Ray Smith, director of the Child Support Enforcement
Division of the Massachusetts Department of Revenue, child support
collection nationwide jumped from $8.9 billion in 1993 to $19 billion
in 2001, while paternity establishments more than doubled, from
659,000 in 1994 to 1.6 million just five years later.
As I said, the article does an impressive
job of dealing with the issue of false paternity establishment.
Mr. Welch continues; "But you can read thousands of pages of
laws, reports, and testimonies, and not see a single reference to
the importance of naming the right guy, or to the gravity of making
a mistake." The statistics he provides in California open the
possibility that the nationwide increase in paternity establishments
could be mostly due to the treatment of false paternity establishment
as legitimate (although he hedges against making that allegation).
My word processor says that Mr. Welch's
article is 4,667 words long. My complaint comes down to about 23
of them (17 of which are Marilyn Smith's). "The bottom-line
results have been impressive: Since 1993, ... child support collection
nationwide jumped from $8.9 billion in 1993 to $19 billion in 2001."
By the numbers it might seem petty to write an entire article just
to mention that the information is false. But claims such as these
by program lobbyists provide the entire political justification
for the dramatic federal invasion of family law and family life
that has taken place over the past two decades, and created massive
injustice and corruption well beyond that of false paternity; including
the elimination of fundamental rights from application in family
law.
I have written so much about the child
support system that reference to my article
archive makes more sense than trying to cover all that old ground
again in this piece. Still, something has to be said for those who
haven't been paying attention and won't go to the archive now.
Since the creation of the federal child
support enforcement program in 1975, there has not been a significant
increase in the percent of child support ordered that is paid each
year (the compliance rate).
Most of the dollars that move through
the program are payments (which honest people differentiate from
"collections" but the child support enforcement program
does not) made by well-employed middle and upper-middle income fathers
to mothers who are not on welfare.
The compliance rate in welfare cases
has dropped since the program began as has the compliance rate in
non-welfare cases since the 1996 reforms. The primary cause of non-payment
is still the same as it was before the program began; the person
ordered to pay is not able to pay what has been ordered.
Much of the increase in payments reflect
an arbitrary increase in amounts ordered (paid not "collected").
Arbitrary, politically controlled child support formulae have replaced
rational child support judgments related to individual circumstances.
An arbitrary increase in the amount ordered paid by those who pay,
rather than collections efforts, have been primarily responsible
for increasing the amount of federal funding states receive. The
judicial branches of state governments are among the beneficiaries,
and it is their maintenance of this system that has resulted in
the greatest loss of recognition of fundamental rights in American
history.
As I pointed out in Is
Male Passivity on the Wane? (12/5/03) "It isn't grandpa's
divorce anymore. Decades of political manipulation opened the door
to social engineering and not unexpectedly, corruption. Today, fathers
aren't expected to take it on the chin. They get rammed with bureaucratic
bull dozers and flattened by the government's multi-billion dollar
child support megalith. Family law is just generous enough to keep
them alive so they can feel red-hot pokers jabbed into their eyes
by politicians on the take." In fact, not all survive. Some
have been driven to suicide. Others live desperate lives without
the means to see their children.
There is no honest justification for
the federal child support enforcement program. It is all about cheating
taxpayers, parents, and children in a pork-barrel scheme, and there
is a very influential private child support enforcement industry
walking away with lots. The excuses given by program lobbyists have
long since been played out. The only cover they have now is that
so many people don't pay attention until they or one of their close
friends gets run over by the system, and then apparently, their
attention is limited to the specific problem at hand.