Noncustodial Parents Research Articles

Torts of Minor Children and the Duty of Supervision of the Non-custodial Parent

Torts of Minor Children and the Duty of Supervision of the Non-custodial Parent

When Social Workers Are Given Dual Mandates: Child Maintenance and the Complexities of Family Situations in the Ghanaian Child Protection System

Abstract Custodial parents, often single mothers, face challenges regarding child maintenance, including a lack of financial commitments from non-custodial parents for their children’s welfare. The evidence suggests that there is a strong link between child maintenance and poverty as well as other family violence issues. In addition to their primary child and family protection duties, child protection practitioners in Ghana have a mandate to assess child maintenance concerns. This dual responsibility may have the advantage of promoting holistic child and family practices, but it could also negatively impact families when practitioners overly focus on one responsibility at the expense of the other. We sought to understand and show whether families who reported child maintenance concerns to the Department of Social Welfare and Community Development in Ghana experienced challenges beyond child maintenance and whether practitioners identified these primary protection concerns in their assessments. Findings from qualitative in-depth interviews with seventeen parents show that these families experienced domestic violence, marital conflict and child abuse and neglect beyond the scope of a standard child maintenance case. The findings highlight the importance of child protection workers conducting comprehensive family assessments to resolve ‘hidden’ family difficulties when establishing child maintenance arrangements.

미성년 자녀의 불법행위에 대한 비양육친의 감독의무

When one of the parents is designated as the person with parental authority and caregiver, it is a question of whether the parent who does not have the duty to supervise the minor children can be recognized as a supervisor for torts of the minor children. Recently, the Supreme Court determined that non-custodial parents are not obligated to supervise torts of minor children unless there are special circumstances. The ruling set the first precedent on the issue of non-custodial parental supervision of minor children. However, the judgment of the lower court ruled that non-custodial parents are obligated to supervise minor children in principle, suggesting the opposite conclusion of the target judgment. There may be sufficient reasons for the differences in opinions between the first and second judgments and the Supreme Court judgments on the same facts. Even with the same facts, the interpretation may vary depending on how to interpret and link the legal principles of responsibility for supervisors under the tort law and the legal principles related to rights and obligations between parents and children under the kinship law. In this paper, we reviewed whether non-custodial parents can also recognize the supervisory duty in relation to the responsibility of supervisors for torts committed by minor children based on the tort law and the kinship law. And based on this review, we considered what interpretation theory would be a harmonious and more reasonable interpretation under civil law to present issues such as the subject judgment. The authors' views in this study are as follows - ① Non-custodial parents are also responsible for torts of the minor children, as non-custodial parents are also responsible for supervisory duties on minor children. ② However, if special circumstances are recognized, such as when a father or mother abandons a child who is an infant or loses contact after adopting him or her at home and abroad, or when decades have passed without interview negotiations or child support payments, non-custodial parents can be exempted from supervisory responsibility if they prove these special circumstances. This interpretation can be expected to increase the protection of victims due to torts and to remind underage children of their responsibilities and obligations as parents of normal growth and character formation. It is frequently reported in the media that civil and criminal problems related to minor children are occurring. Few would deny that there are inherent rights and obligations between parents and children. Based on these rights and obligations, it is believed that parents should bear some kind of infinite responsibility for their underage children to help them grow properly. Therefore, it is thought that this aspect will be fully considered in the interpretation of the law will be effective in preventing and solving social problems and reducing social costs.

The Effects of Visitation and Child Support on the Adjustment of Divorced Mothers and Adolescent Children

This study sought to examine the effects of current single-parent family policies on the psychological adaptation of family members in single-parent homes, while also confirming that visitation and child support are indeed in the best interests of children in such cases. An online survey was conducted in 2021 for divorced single mothers and their children (aged 11 to 19) living in metropolitan regions (Seoul, Kyunggi, and Incheon). A total of 171 dyads, comprised of single mothers and their adolescent children, participated in this study. Using the collected data, descriptive statistical analysis and structural equation modeling were performed. The major results of this study are as follows. First, visitation with fathers was not significantly associated with self-esteem, aggression, or life satisfaction among the participating adolescent children. On the other hand, when child support was paid, aggression among adolescents was lower than when child support was not paid. Second, neither visitation nor child support was significantly associated with single mothers’ levels of depression and life satisfaction. The enforcement of child support guarantees the welfare of children and conforms to the principle of promoting the best interests of minor children. Therefore, child support should be continuously encouraged and supported by agencies in accordance with current law. In order for the implementation of visitation to be in the best interest of the child, the amount and quality of visitation should be secured so that the child can still recognize their non-custodial parents as “caregivers.”

Lower-Income Nonresident Fathers’ Self-Perceptions About Their Parenting Quality and Relationships With Children

Research on fathering has substantially increased but we still know relatively little about whether and how fathers’ own perspectives on their parenting differ across a variety of family situations. We estimate associations between nonresident fathers’ family types and nonresident fathers’ perceptions of the quality of their parenting and their relationships with their children, using data from the Child Support Noncustodial Parent Employment Demonstration program on lower-income nonresident fathers ( n = 5,835) and logistic regressions. High-quality parenting is more likely to be reported by nonresident fathers with multiple-partner fertility and both resident and nonresident children than either those with multiple-partner fertility and only nonresident children or those with single-partner fertility. High-quality relationships with children are more likely to be reported by those with single-partner fertility than those with multiple-partner fertility. These findings suggest the importance of resident children in fathers’ perceptions of their parenting and highlight the difficulties of parenting across multiple households.

Child Support Agencies as Connectors

For many noncustodial parents (NCPs), limited earnings and complex barriers to work make meeting child support obligations difficult. A limited body of previous research has identified that as child support agencies evolve from a strictly enforcement culture towards a more supportive orientation, some find it beneficial to connect NCPs to supportive services. However, much remains to be learned about how agencies view their role in serving NCPs with employment barriers, their perceptions of service needs and gaps among non-paying obligors, and challenges they face in connecting NCPs to supportive services. This mixed methods study aims to fill this gap, through interviews with and surveys of Wisconsin child support agencies.

Noncustodial parents, instrumental networks, and child support compliance

Research on child support compliance has focused on the characteristics of noncustodial parents (NCPs) that are associated with compliance, finding that compliance with child support orders is primarily related to the ability to pay support as demonstrated by earnings. Yet, there is evidence linking social support networks to both earnings and noncustodial parents' relationships with children. Using a social poverty framework, we show that relatively few NCPs are completely isolated: most have at least some people in their network who can loan money, provide a place to stay, or provide a ride. We explore whether the size of these instrumental support networks is positively linked to child support compliance both directly and indirectly through earnings. We find evidence of a direct association between instrumental support network size and child support compliance, but no evidence of an indirect association via increased earnings. These findings suggest the importance for researchers and child support practitioners to consider the contextual and relational factors of the social networks in which parents are embedded, and to more thoroughly examine the process by which support from one's network can lead to child support compliance.

The carceral logic of parental responsibility

AbstractObjectiveTo elucidate the institutional logic underpinning the child support system's expectations of parents.BackgroundCompelling parental responsibility through punitive enforcement mechanisms is the central focus of child support system enforcement. Although much is known about noncustodial parents' experiences in the system, less is known about how this site of state intervention shapes the definition and expectations of parenthood and family.MethodObservations in five courts and child support‐related sites were conducted over 18 months. Interviews were also conducted with child support system workgroup members.ResultsThe racialized, gendered, and classed stereotypes that undergird the system's definition of parental responsibility are grounded in controlling images of parenthood and family, prioritizing financial support above any other contributions of parents. Court officials wielded this expectation of parental responsibility to punish—or threaten to punish—noncustodial parents, resulting in significant material and symbolic consequences.ConclusionThe carceral logic of parental responsibility in this site underpins punitive state policies, procedures, and practices around nonpayment of support and other acts of noncompliance, reproducing racialized, gendered, and classed social controls of parenthood and family. As a result of this logic, the child support system plays a significant role in shaping the institutions of parenthood and family, (re)produces the expansion of the carceral state, and contributes to broader family inequality.ImplicationsAddressing family inequality should attend to the pervasiveness of the carceral logic of parental responsibility in the child support system and beyond, which has significantly oppressive consequences for parents and families.

Effects of the previous visitation, contact and relationship quality of divorced parents on the future intention of visitations among adolescents: A test of the mediating effect of father-adolescent intimacy

연구목적: 본 연구는 이혼한 모자한부모가족 내 비양육부와의 만남과 연락, 이혼부모 간관계가 청소년 자녀의 향후 면접교섭 의향에 미치는 영향에서 비양육부와 자녀 간 친밀감의매개효과를 검증하였다. 이를 통해 자녀의 향후 면접교섭 의향에 미치는 요인을 탐색하고, 아동의 권리보장을 위해 고려할 점을 제안하였다. 방법: 2021년 수도권에 거주하는 모자한부모가족 11-19세 청소년 171명을 대상으로 온라인설문조사를 통해 수집한 자료를 사용하였으며, STATA와 M-plus를 활용하여 기술통계분석, 경로분석과 부트스트랩핑을 실시하였다. 결과: 지난 6개월 동안 비양육부와 청소년이 만난 경우, 그리고 자주 연락했을수록 비양육부에 대한 자녀의 친밀감은 각각 높았다. 비양육부에 대한 친밀감이 높을수록 향후 청소년의 면접교섭 의향도 증가하였다. 이혼부모 간 관계가 좋다고 청소년이 생각할수록 비양육부에게 친밀감이 높았으며, 향후 면접교섭 의향이 증가하였다. 부트스트랩핑 검증 결과, 비양육부에 대한 친밀감은 비양육부와의 만남 또는 연락이 향후 청소년의 면접교섭 의향에미치는 영향을 모두 유의하게 매개하였다. 또한 이혼부모 간 관계도 비양육부에 대한 청소년의 친밀감을 매개하여 향후 면접교섭 의향에 유의한 간접효과를 나타냈다. 결론: 비양육부모는 자녀에게 먼저 전화, 문자와 카카오톡으로 연락하면서 소통하고 친밀감을 쌓은 이후, 자녀의 면접교섭 의향이 생긴 것을 확인하고 만나야 할 것이다. 양육부모는자녀 앞에서 비양육부모와 관련된 좋지 않은 관계와 부정적인 이야기를 자제하여, 자녀가심리적인 부담 없이 면접교섭 할 수 있도록 상황을 조성해야 할 것이다.Objectives: This study verified the mediating effect of father-adolescent intimacy within the effect of previous visitation and contact with non-custodial fathers and the relationship quality of divorced parents on the future intention of visitations of adolescents in divorced single-parent families. The study attempted to explore the contexts and factors that affect adolescents' future intentions to visit, which should be considered important for guaranteeing children's rights. Methods: Data collected through online surveys were used for 171 adolescents aged 11-19 living in a metropolitan area in Korea in 2021, and a descriptive statistical analysis, path analysis, and bootstrapping were conducted using STATA and M-plus. Results: Regarding previous visitation, and the higher the frequency of contact over the past six months, the higher the father-adolescent intimacy. The higher the father-adolescent intimacy was, the higher the adolescents’ future intention to visit also was. The higher the relationship quality of the divorced parents, the higher the father-adolescent intimacy and the higher the adolescents’ future intention to visit. As a result of the bootstrapping, father– adolescent intimacy significantly mediated the both the effects of meeting and contact with the non-custodial father on the future intention to visit. In addition, the relationship between divorced parents also showed a significant indirect effect on future visitation intentions by mediating father-adolescent intimacy. Conclusions: Non-custodial parents should first contact their children by phone, text, and by Kakaotalk to communicate and build intimacy, and then confirm and reciprocate their children's intention to visit. Custodial parents should refrain speaking about poor relationships and conveying negative stories related to non-parenting parents in front of their children so that their children can meet non-custodial parents without any psychological burden.

비양육친의 미성년자 불법행위에 대한 감독자책임

Recently, the Supreme Court ruled for the first time that the non-custodial parent is not responsible for supervising illegal activities of underage children in principle and are liable for supervision only when there are special circumstances such as doing general and routine guidance for underage children or being able to specifically predict the illegal activities of underage children. This ruling will serve as a precedent for determining whether a non-custodial parent is liable for damages for illegal activities of underage children. However, this attitude of the Supreme Court needs to be reviewed in terms of the relationship between parents and children after divorce, the burden of liability for damages of parenting parents raising underage children, and the victim's relief and responsibility for proof. If the non-custodial parent is excluded from supervisor responsibility for minors in principle, the responsibility of the custodial-parent after divorce is significant, and it is worrisome that if the parent exercises the right to interview and pays child support only when he or she wants, he or she will be free from the responsibility for illegal activities. And, under the current civil law, the basis for supervisor responsibility for illegal activities of underage children varies depending on whether they are capable of responsibility. The basis determines whether the victim should prove the supervisor's negligence and causal relationship. In addition, in order to hold the non-custodial parent responsible as a supervisor, it is quite difficult for the victim to be rescued from the damage because the victim must prove a special situation. Accordingly, regardless of whether or not a minor has the responsibility, the supervisor must be liable for damages to a third party, and the non-custodial parent needs to change the burden of proof for the special circumstances in which the non-custodial parent is liable. Specifically, the proposed amendment to the civil law is as follows. Article 755 (1) “The parents are responsible, regardless of whether a minor who has caused damage to another person has the ability to be responsible. However, in the case of a parent's divorce, he/she shall not be liable if the non-custodial parent proves that he/she is not responsible.” And in paragraph 2, “If a person who inflicted damage on another person is not responsible pursuant to Article 754, the person who is obligated to supervise him/her is liable for compensation.” However, this is not the case if the person liable for supervision has not neglected his/her supervisory obligation. Paragraph 3 includes the contents of Article 755 (2) of the current Civil Act.

Child Support and Deadbeat States

Drawing on interviews with formerly incarcerated fathers and court observations of child-support hearings, this article explores the state’s role in the massive accumulation of child-support debt. Arguing that this role is too often hidden from view, the article demystifies how much “child” support debt is actually owed to the state itself—and is thus as much about state obligations as familial ones. These state obligations emerge from two main sources: public assistance payback policies, which “bill” noncustodial parents for the cost of the public aid received by their families; and interest charges on all support debt, which most states charge at rates of up to 10 percent. Both state practices hit incarcerated parents especially hard, since they are usually unable to keep up with their support orders while in prison—and often unaware of how and why their debt is accruing. By becoming a means to prop up the state, support debt acts very much like other forms of carceral debt. Yet it also inserts the state into familial relations in ways that can exacerbate conflict between parents and complicate fathers’ ability to care for their children.

면접교섭권자의 범위확대의 기준과 한계

The appearance of the family in modern society has changed due to the increase in divorce and remarriage. Accordingly, the parenting patterns of the children who are members of the family have been diversified. In the end, there has been a steady discussion that the subject of visitation rights under article 837-2 of the civil act, which is recognized only by one parent who does not raise the child after divorce, should be expanded. Accordingly, the scope of visitation rights was expanded by partial revision of the Civil Act on December 2, 2016, and according to Article 837-2(2) of the revised Civil Act, the subjects of Visitation Rights under the Civil Act are children, non-custodial parents, a lineal ascendant of non-custodial parents. However, the question of whether siblings, relatives, step parents, a third party who has no kinship but has actually played a role of a parent except parents and grandparents stipulated in civil law should be granted the right to interview with their children. Article 837-2(2) of the current Civil Act limits the scope of a third party who can request interview negotiations to the a lineal ascendant of one parent and in the case of lineal ascendant, the right of interview and negotiation is recognized only when certain requirements are met. However, compared to foreign legislative cases, the attitude of the Korean Civil Law regarding the subject of this visitation right is a relatively passive position. Under the current civil law, siblings cannot be the subject of the right to interview and negotiation. If the relationship between brothers and sisters is cut off, such as when the relationship between parents and children is cut off, legislative consideration is needed for this, and in this respect, siblings need to be expanded to the subject of interview negotiation. In addition, the right of step-parents to negotiate interviews with their step-children is not recognized in the interpretation of the current law (Article 837-2 (1) and (2)). However, if step parents have formed a social- family-relationship based on affection and trust with their stepchildren for a long time, and acknowledging interview negotiations is in line with the welfare of their children, I think it is desirable to admit interview negotiations to step parents. The foster care parent are also not included in the right to interview negotiations, but it is necessary to recognize the right to interview the child’s foster care parent after the family entrustment is terminated.

The Earned Income Tax Credit, Family Complexity, and Children’s Living Arrangements

Demographic shifts over the last half-century have resulted in dramatic changes in family structure. These changes have implications for the social safety net because public assistance programs define families differently. This article focuses on a critical poverty-alleviation policy, the Earned Income Tax Credit (EITC), to document family complexity in the United States. We find that more than 60 percent of children in lower-income families reside in households with ambiguity in tax filing and thus in claiming valuable credits. Tax filing ambiguity driven by family complexity is especially common among households with Black children, highlighting significant racial inequities in the tax treatment of complex families. We also consider two reforms to reflect the realities of families today: the childless EITC and a noncustodial parent EITC.

Custodial and Noncustodial Parent Predictors of Noncustodial Father Involvement

This study theorizes the interrelationship between African American noncustodial father’s (NCF) (a) income, (b) child support payment (CSP), (c) satisfaction with custodial parent (CP) communication, and (d) satisfaction with the way the CP is raising his child as predictors of father’s involvement. Method: Regression models were tested along a hypothesized framework to determine direct and indirect influences to NCF’s involvement. Results: Based on regression results, new direct and indirect relationships were identified. Discussion: These findings suggest healthier communication, and timely child support payments are critical to NCF’s satisfaction with involvement as well as his views toward the CP.

Interstitial Precarity: The Romance and Tragedy of the Transnational Child Welfare System

AbstractThis article examines a memorandum of understanding (MOU) between Chicago's Mexican Consulate and the Illinois Department of Child and Family Services (DCFS), which obliges DCFS to provide prompt consular notification after assuming protective custody of a Mexican or Mexican American minor. Developed in 2001, this bilateral agreement also enables consular officials to gain access to child welfare cases involving their minor nationals and requires DCFS to consider placing such minors with their deported or noncustodial parents in Mexico, whenever possible. Drawing on ethnographic research collected in Chicago and Mexico from 2016 to 2019, I explore the possibilities created through the MOU, which not only opens up new opportunities for transnational family reunification in Mexico but also enables Mexican institutions to challenge DCFS's expertise. And yet, the MOU also produces what I call “interstitial precarity” for the minors it tries to help. This is a lack of belonging, stability, and recognition that results not from the denial of one's citizenship but from falling between the cracks of multiple, discordant bureaucratic systems. Accordingly, this article evaluates the MOU's potential to expand the family‐making options available to mixed‐status families through a dialectical reading of its romantic and tragic effects. [child welfare, reunification, transnational, immigration, precarity]

Do Carrots Work Better than Sticks? Results from the National Child Support Noncustodial Parent Employment Demonstration

AbstractMost children in the United States will spend at least part of their childhood living apart from one of their parents; the child support system is designed to ensure that they nonetheless receive financial support. While the system is largely effective when noncustodial parents have substantial regular earnings, many noncustodial parents, including a disproportionate share of those whose children live in poverty, have limited earnings and ability to pay child support. The system's response to nonpayment is primarily “sticks,” that is, threats and punishments. Nonexperimental evaluations of alternative approaches have shown promise. The National Child Support Noncustodial Parent Employment Demonstration (CSPED), a large‐scale random‐assignment evaluation enrolling more than 10,000 noncustodial parents across 18 locations in eight states, was designed to test the effectiveness of an alternative approach—adjusting child support orders, reducing punitive enforcement, and offering employment and parenting services. We find that CSPED, using carrots in place of sticks, substantially increased the satisfaction of noncustodial parents with child support services, lowered the amount of support owed, and increased noncustodial parents’ sense of responsibility for their children. However, CSPED had limited to no effects on child support compliance, child support payments, or employment outcomes.

Absence of Fathers in Childrens' Lives of Divorced Parents: Impact and Implication

The purpose of this study is to determine through scientific methods to what extent children experience parental divorce and the lack of fathers in families. This paper focuses on measuring the impact it has on adolescent children, between 13-18 years, in Tirana, Albania. Adolescence is one of the most critical stages of life and is very decisive for the future of children. This goal is enabled through the achievement of the following objectives such as: How and to what extent divorce and the lack of father affect the psychoemotional development and perception of children with divorced parents (ChDP) about their future and love relationships; to what extent does the lack of father affect this segment of children, and the identification of consequences to these children. Methodology: This involves a primary survey with the help of a structured questionnaire among children from the age group of 13-18 years in Tirana. The consequences of divorce are theoretically explained and give the opportunity to raise research questions in recent years. Questionnaire is the research instrument which includes questions about the relationship of children with their non-custodial parent, the impact of missing obligations, and the possible consequences for this segment of children. The data are compared with children of the same age, but from intact families, and have led to conclusions and recommendations on social policies to be followed towards this segment in the future.

JUDICIAL DISCRETION IN THE DETERMINATION OF POST-DIVORCE CHILD SUPPORT: A BRIEF OVERVIEW OF THE APPLICATION OF THE SOUTH AFRICAN MAINTENANCE ACT 99 OF 1998 AS COMPARED TO THE CANADIAN FEDERAL CHILD SUPPORT GUIDELINES OF 1997

There are various models for determining and allocating child support obligations post-divorce and many different principles upon which such a policy can be based. In most legal systems the parents retain the duty to support their needy children after divorce as it is primarily their obligation to ensure the adequate financial welfare of their children. This principle is applicable in both the South African and Canadian legal systems. In South Africa, in terms of both the common law and legislation, both parents must maintain their children “according to their respective means”. The awarding of a specific amount of maintenance is, however, a complex process calculated by the courts on a case-by-case basis mainly by considering two issues: the needs of the children and the parents’ ability to maintain their children within the circumstances and means of each of the parents. Although both aspects are important in a maintenance enquiry, the focus of this note is on the interpretation of the calculation of the contribution of each of the parents, especially the non-custodial parent. The interpretation of the concept “means” obviously has important consequences for the parties: the broader the interpretation of the “means” of a parent, the higher the proportion of the contribution of that parent would be towards the support of the children. This is especially important in South Africa where a substantial proportion of those who are obligated to pay maintenance is impecunious. The Canadian law rested on similar principles until 1997 when the federal government promulgated the Federal Child Support Guidelines as an amendment to the Divorce Act. The impact of these Guidelines on the calculation of the parental share of post-divorce child support has been far-reaching. The aim of this note is firstly to examine the meaning of the term “means” within the South African legal system as set out in the common law, the various statutes and as these have been interpreted by the majority of courts over the past century. The second aim is to give a brief overview of the Canadian Guidelines and to compare their current system with the South African scenario. The rationale for choosing this jurisdiction is (i) the fact that in both jurisdictions the courts have the ultimate say over the amount of support paid; and (ii) as the Canadian position before their 1997 amendments was similar to the current South Africa system, it was envisaged that by exploring their reasons for change and evaluating their current system, some useful insights might be gained in solving some problems experienced in the South African maintenance system. The note will conclude with some suggestions for reform in South Africa in light of the Canadian experience.

Satisfaction with Child Support Services

AbstractAlthough previous qualitative research in the United States suggests that noncustodial parents have difficult experiences with the child support system, there is no large-scale study of sat...

Effect of Expanding the Earned Income Tax Credit to Americans Without Dependent Children on Psychological Distress.

Antipoverty policies have the potential to improve mental health. We conducted a randomized trial (Paycheck Plus Health Study Randomized Controlled Trial, New York, New York) to investigate whether a 4-fold increase in the Earned Income Tax Credit for low-income Americans without dependent children would reduce psychological distress relative to the current federal credit. Between 2013 and 2014, a total of 5,968 participants were recruited; 2,997 were randomly assigned to the treatment group and 2,971 were assigned to the control group. Survey data were collected 32 months postrandomization (n = 4,749). Eligibility for the program increased employment by 1.9 percentage points and after-bonus earnings by 6% ($635/year), on average, over the 3 years of the study. Treatment was associated with a marginally statistically significant decline in psychological distress, as measured by the 6-item Kessler Psychological Distress Scale, relative to the control group (score change = −0.30 points, 95% confidence interval (CI): −0.63, 0.03; P = 0.072). Women in the treated group experienced a half-point reduction in psychological distress (score change = −0.55 points, 95% CI: −0.97, −0.13; P = 0.032), and noncustodial parents had a 1.36-point reduction (95% CI: −2.24, −0.49; P = 0.011). Expansion of a large antipoverty program to individuals without dependent children reduced psychological distress for women and noncustodial parents—the groups that benefitted the most in terms of increased after-bonus earnings.