Support Obligations Research Articles

The Role of Husband with Disabilities in Providing for the Family through the Act of Begging: An Islamic Law Perspective

This research examines the phenomenon of husbands with disabilities who provide for their families through the act of begging in Sidorejo Hilir Urban Village from the perspective of Islamic law. The main objective of this research is to analyze the practice of husbands with disabilities fulfilling financial support obligations and to explore the local community’s views on this phenomenon. This research uses a juridical-empirical approach with a qualitative method. Primary data were obtained through in-depth interviews with four husbands with disabilities and several residents and community leaders. Secondary data were collected from a literature study of Islamic legal sources, such as the Qur’an, Hadith, and books of fiqh (Islamic jurisprudence). The results showed that physical limitations and barriers to access to decent work forced husbands with disabilities to beg in order to fulfil their family financial support obligations. From Islamic law’s perspective, begging can be justified due to the condition of dharuriyyat (necessity), although this permissibility is temporary and situational. The Sidorejo Hilir Urban Village community shows various views, ranging from empathy and tolerance to criticism that emphasizes the importance of independence. This research concludes that the condition of dharuriyyat justifies begging as an exception to the general rule while still prioritizing the principle of izzah (self-dignity). The implication of this research is the need for strategic steps, especially from the government and related institutions, to create inclusive economic empowerment programs for persons with disabilities so that they can escape the condition of dharuriyyat and fulfil their financial support obligations more dignifiedly.

The Judge's Ratio Decidendi in Rejecting A Claim for Past Child Support (A Study on the Implementation of SEMA No. 4 of 2016 in Decision No.: 0565/Pdt. G/2023/PA. Bwi)

Divorce poses significant challenges in the division of responsibilities, particularly regarding child support, which impacts their well-being. Negative effects include the loss of family warmth and emotional instability. The Marriage Law emphasizes the obligation of parents to support their children until they become independent, even after the marriage has ended. However, the implementation of child support obligations, especially for basic needs, often encounters legal hurdles, including ambiguity in the amount of support and the application of laws by the courts. This study focuses on the implementation of SEMA Number 4 of 2016 in Decision Number 0565/Pdt.G/2023/PA. Bwi, which rejected a claim for past unpaid child support. The objective is to identify the reasons behind the judge's rejection and evaluate the extent to which the SEMA guidelines are applied. The research employs a normative approach and case study methodology. The findings indicate that the judge denied the claim on the grounds that the obligation for support is of a temporary nature, which contradicts the SEMA guidelines that establish the father’s responsibility for support when the child is in the mother's custody. This rejection reflects the need for a reassessment to ensure that children's rights are effectively protected.

Barriers to Child Support After Divorce: A Legal Review in the Indonesian Context

Child support is one of the legal issues that arise after divorce. Although the law clearly states that child support is a shared responsibility post-divorce, it is not always guaranteed that child support will be fulfilled in accordance with court rulings and applicable laws. One issue that may occur is when the ex-wife obstructs the ex-husband from fulfilling his obligation to provide child support, even denying him access to meet his child. This research aims to describe the views of Civil Law Experts on the obstruction of ex-husbands in providing child support and to explain the legal remedies available for ex-husbands when ex-wives obstruct child support obligations. This research falls under the category of empirical juridical research with a sociological approach. The data sources were obtained through interviews with Islamic Civil Law Experts and supported by relevant laws and literature. The findings of this research indicate that the actions of an ex-wife obstructing the ex-husband from providing child support are not justified, as there is no detailed regulation allowing such obstruction unless it causes harm to the child. The legal recourse available to the ex-husband when his child support obligations are obstructed after divorce is to file a lawsuit for child custody, as stipulated in SEMA No. 1 of 2017.

Contextualisation of Reciprocal Alues in Fulfillment Aliqah as an Effort to Strengthen the Family

This study aims to explore the form of the absence of reciprocal or mutuality values that lead wives to file for a divorce, the factors causing the non-implementation of reciprocal values in financial support, and strategies for family strengthening. This research is a qualitative descriptive study based on the increasing trend of divorce cases filed by wives. Data was gathered from online news about the trend of divorce lawsuits triggered by either the wife's or husband's failure to apply reciprocal values.  Interviews were conducted with maslahah family counselors, heads of religious affairs office, female scholars, academics, and judges of religious courts about the reasons wives file for divorce and efforts to strengthen families. Analysis was done qualitatively using the theories of mublà and social adaptation. The findings indicate that the absence of reciprocal values is triggered by gender-biased understanding dominating classical scholars' mindsets, which rely on patriarchal ethics and greatly favour men. This gender bias is implemented in Indonesian marriage regulations and becomes ingrained in the subconscious of society. The gender bias is implemented in Indonesian marriage regulation and becomes ingrained in the subconscious of humanity. Consequently, the obligation of financial support is seen as an absolute duty of the husband, without considering specific circumstances such as illness, disability or imprisonment, which may prevent the husband from fulfilling his obligations. On the other hand, when a husband cannot provide financial support, he is also unwilling to share domestic responsibilities, causing the wife to bear a double burden. As a result, conflicts and violence often occur. Therefore, there is a need to reinterpret the concept of financial support by following the messages of the Quran and the dynamics of modern society, implementing reciprocal values, and adapting roles. Socialising reciprocal values to all elements of society through relevant institutions and social media is essential for realising family strengthening.

Analysis of Islamic Law and Positive Laws for Fathers Who Do Not Support Their Children After Divorce

Fulfillment of divorced children: Most fathers do not carry out their obligations to support their children and there are no sanctions for fathers who have carried out these obligations. This is the background to the issues raised, namely what are the legal sanctions for fathers who do not carry out their support obligations towards their children after divorce and what are the provisions on the father's support obligations towards children from the perspective of Islamic law and positive law in Indonesia. This type of research is library research, with primary legal materials and secondary legal materials and then analyzed as expected based on normative descriptive analysis. From the results of this research, it shows that the legal sanctions for fathers who do not support their children after divorce from an Islamic legal perspective have disparity, namely the opinion of Hanafi scholars that the child's previous support becomes the father's debt even though the father is poor, so that by the time the father is able to then father must replace it. However, if the father is capable but refuses or even does not provide support for the child, the judge is obliged to force the father to pay the support. According to the opinion of the Syafi'i Hambali and Maliki Schools, the child's past documents are invalid unless there is a decision from a judge, whereas according to positive law in Indonesia, legal sanctions for a father who neglects his obligations, namely supporting children after divorce, can be subject to civil and criminal law sanctions.

KUḺANTAI TATTEṬUPPUT TOṬARPĀṈA CAṬṬA NIYĀYAVIYAL ORU VARALĀṞṞUP PAKUPPĀYVU [THE JURISPRUDENCE OF CHILD ADOPTATION: A HISTORICAL REVIEW

Child adoption has been a longstanding practice in several legal traditions throughout human history. The national progression of child adoption has influenced the corresponding legislative modifications. Examining the Legal Framework of Child Adoption within the Context of Jurisprudence This article provides a historical analysis of the progression toward different legal frameworks. The qualitative examination of pertinent literature is predicated on investigating its content. Both individual countries and international organizations are actively engaged in developing legal frameworks that infringe upon children's rights and compromise their best interests. The adoption laws rooted in the penal code within the common law system have limited efficacy in mitigating instances of child abuse. In addition, international declarations, treaties, legal actions, and established norms protect the rights and interests of adopted children. Utilizing these tools is particularly noteworthy within the context of the intercountry adoption procedure. The legal laws pertaining to adoption have undergone significant development in various aspects, including the criteria for adopter eligibility, the requirement of adopter permission, the determination of adoptive family rights, and the establishment of support obligations.

Parental Expenditures of Time and Money on Children in the U.S.

AbstractHow much do parents spend on children in the U.S.? While the U.S. Department of Agriculture (USDA) regularly addresses this question, it considers only money expenditures, omitting the sizeable monetary value of parental time. The 2017 and 2019 Panel Study of Income Dynamics offers a unique opportunity to provide a more complete picture. Analysis of this data reveals considerable substitutability between unpaid and paid childcare and generates estimates of average total expenditures that include a replacement cost estimate of the value of parental time. These estimates, constructed for comparability with USDA measures, reveal both higher levels of average parental expenditure and different patterns across household structure and income. These findings challenge public policies that use USDA estimates as a reference point for setting the child support obligations of non‐custodial parents and reimbursement rates for foster care. They also undermine many conventional equivalence scales and measures of income/time poverty.

Wife's Livelihood for Husband with Disability Islamic Legal Perspective

This research is motivated by the reality of the life of a husband who has a disability so that there is a limitation in the husband's role, one of which is in earning a material living so that the wife must work in order to meet the family's economic needs. The problem formulation that will be developed is about the law regarding working wives and its relevance to family support obligations. Analyze the legal basis for husbands with disabilities in relation to their obligation to provide support for their families. The aim is to know the law regarding providing family support by a wife and providing support by a husband with a disability. This research use desciptive qualitative approach. The data collection methods used by researchers are: first, documentation, which in this case is theories in fiqh, the Koran and Hadith. and the second is to conduct interview sessions with disabled families who meet the author's criteria. The data analysis technique used is content analysis, namely research that seeks the relevance of scientific theory to the content of interview information. Based on the results of this research, interviews with disabled families and literature review of several theories of fiqh, al-Qur'an and Hadith. That a wife is allowed to provide maintenance to a husband. regardless of the husband's disability, this law is general so it can be carried out by other families. From the results of the analysis, the nature of the income provided by the wife remains a side or additional income. It is not the main income, so the husband is still obliged to provide the main income. there is no reason to cancel it. Because in Islamic law, providing maintenance to a wife does not have a minimum limit, so it does not burden a husband even if he is disabled.

A legal perspective on child support obligation after divorce: The Vietnamese case

Parents are legally obligated to pay child support; if they do not live with their child Upon divorce. The obligation to support the child following a divorce is a central provision of Viet Nam's 2014 Marriage and Family Act and a significant aspect of family law. It is the responsibility of both parents and the government to safeguard children. However, the 2014 Act on Marriage and Family still needs to improve its provisions regarding child support obligations, such as the absence of a minimum quantity and a starting date. This article investigates the historical periods and regulations governing child support obligations in Viet Nam compared to other nations. This study also evaluates the practical applicability of the current legal provisions and identifies their deficiencies. This study intends to recommend modifications to child support laws that will help protect children's rights following parental divorce.

Becoming Sandwiched in Later Life: Consequences for Individuals' Well-Being and Variation Across Welfare Regimes.

The experience of being sandwiched between support obligations towards both aging parents and adult offspring is likely to become more common and more relevant. We aim at assessing the effect of demographic and social sandwiching on the psychological health and subjective well-being of individuals experiencing these transitions, and to what extent, these effects vary across welfare regimes. Data are from 63,585 individuals aged 50-75 participating in the Survey of Health, Ageing and Retirement in Europe (SHARE). We estimate within- and between-individual effects using hybrid regression models to predict depressive symptoms (EURO-D) and subjective well-being (control, autonomy, self-realization, and pleasure [CASP]). Among demographically sandwiched women, transitioning into social sandwiching and into supporting only parents was associated with a moderate but statistically significant increase in EURO-D and decline in CASP scores. The same association is not observed for male respondents. The pattern of variation among women living in countries characterized by different welfare regimes suggests that social sandwiching is less detrimental in Nordic regimes than in other welfare contexts. Results from the between-individuals part of the model indicate that there is a selection into social sandwiching of more healthy individuals into support roles. However, the within-individuals part of the model indicates that the transition into social sandwiching has a detrimental effect on women's (but not men's) psychological health and well-being. The explanations for this gendered effect of social sandwiching may be found in the "invisible" support provided by women and the gendered division of specific care tasks.

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.

Entente versus Alliance: When Should States Be Friends but Not Allies?

ABSTRACT When faced with a common threat, states have various alignment choices. Formal alliances offer explicit military obligations of support. Others, such as the Triple Entente that preceded World War I, are more ambiguous understandings. These entente-like alignments make no formal pledges of armed support in the event of hostilities. However, they do not entirely rule out military support either. Why might states embrace this form of strategic ambiguity over firm alliance commitments? Our formal explication addresses this question via the prism of collective action. Our modeling efforts, combined with historical precedents, suggest that an entente might be a more effective alignment choice than a formal alliance for states to balance against powerful threats. An entente permits states to strike the middle ground between entrapment and deterrence. The strategic ambiguity inherent in these two seemingly self-contradictory goals of an entente is a key component of its success as an alignment strategy, especially when external threats are large. However, asymmetry in strength between two states can result in divergent preferences between alliance and entente.

The punishment is the reward – why elite Chinese students take supplementary Chinese literacy tutoring despite viewing it as ineffective

Abstract Reward and punishment are basic concepts in psychology. To survive better, humans and animals often need to maximize rewards and minimize punishments and threats. The human brain makes judgments about rewards and punishments based on distinguishing among complex environmental factors and makes decisions about future actions accordingly. Chinese students have spent more than a decade of primary and secondary school education with purposeful, fine-grained time management learning with the goal of success on the college entrance exam (Gaokao). The relationship between rewards and punishments for literacy tutoring at the primary and secondary school levels and the decision-making behavior of students and parents is therefore a question worth exploring. The purpose of this paper is to explore the decision-making mechanisms of elite Chinese students’ participation in or withdrawal from literacy tutoring in Chinese and the factors behind the reward and punishment mechanisms through grounded method analysis. The results show that most elite students and their parents do not believe that language literacy tutoring will significantly improve their chances for better college entrance exam scores, but there is a complex relationship between their decision-making behavior in tutoring and the reward and punishment mechanisms. Literacy improvement, emotional values, parent-child support obligations and even face-saving culture all contribute to students’ and parents’ decision-making behaviors. Choosing tutoring that is not seen as likely to improve test scores is a common phenomenon, which suggests that the punishment itself provides the reward that drives decisions to pursue literacy tutoring.

‘We support child support:’ American women’s activism through the association for children for enforcement of support, 1984–2005

ABSTRACT In the United States, the fair and efficient enforcement of child support obligations has long posed challenges to all levels of government, often to the detriment of single-mother families. This article traces the local-to-national activism of the Association for Children for Enforcement of Support (ACES), one of the largest child support enforcement organizations in the country. Established in Toledo, Ohio, and comprised overwhelmingly of women, it demanded an end to unsympathetic characterizations of mother-led families as deviant, while simultaneously working to increase the stigma surrounding those who evaded child support – the so-called ‘Deadbeat Dads.’ Examining ACES’ work provides insight into ways in which women’s organizations drew from both conservative and liberal ideas, as well as creative activism, to gain bipartisan support for stricter enforcement of child support from 1984 to 2005. Confronted with the complexities of federalism, ACES did not fully achieve its goal for a federalized support collections system through the US Internal Revenue Service; nonetheless, its lobbying efforts played a significant role in transforming court-ordered child support in the US from a largely nonobligatory system to one where payment was more systematically enforced.

隔代扶养义务研究

隔代扶养义务研究

Contextual analysis of retirement anxiety among Koreans: benefits of retirement coaching

ABSTRACT The present qualitative study applied a paradigm model from evidence theory to validate the impact of retirement coaching (RC). The Korean concept of retirement, its underlying notions, and the social context were examined by analyzing the results of RC provided by financial planners to customers who completed the retirement coaching education (RCE) program. Using the grounded theory paradigm, we analyzed the concepts and experiences of retirement recorded in the coaching report, and derived solutions for Korean adults experiencing retirement anxiety. Data analysis was performed using 158 RC reports submitted by 48 financial planners who had participated in the RCE program from July to September 2015. The study showed that ‘anxiety’ was a central phenomenon in retirement, experienced by most Korean adults. The causality for this could be linked back to a pessimistic attitude toward retirement, including the obligation and burden of child support. The contextual conditions were the negative perceptions of the available economic prospects and uncertainty around retirement goals, with economic and psychological obstacles acting as intervening conditions. Acknowledging the need for retirement planning helped improve the execution plan. RC enabled acceptance of the reality, promoted psychological stability, and served as reinforcement for the execution of retirement planning. This study showed that RC was effective in helping people worried about their post-retirement life recognize the need for retirement planning and work toward applying it to their lives, strengthening their resolve to achieve goals positively.

THE EVOLUTION OF THE CONCEPT OF MARRIAGE IN SOUTH AFRICA: THE INFLUENCE OF THE BILL OF RIGHTS IN 1994

This contribution focuses on the changes that have been brought about by the Constitution of the Republic of South Africa, 1996 with regard to the concept of marriage qua institution. The Act on Recognition of Customary Marriages 120 of 1998 and the decision of the Supreme Court of Appeal in Fourie v Minister of Home Affairs (2005 3 SA 429 (SCA)) are discussed against the background of the Constitution. In the discussion of the Act, the focus falls on the aspects of lobolo and polygyny that have been retained in the Act. It is also indicated that the decision in Fourie may be considered as the logical conclusion of a different approach towards marriage. In both instances, however, there is a deviation from the “one man and one woman” requirement. The conclusion is reached that the application of constitutional norms and prescripts may not result in the structure of marriage being negated as it has developed socio-legally. The suggestion is made, therefore, that in view of the interest of the state in stable relationships to form the cornerstone of society that formal recognition be given to relationships/unions that are characterised by reciprocal obligations of support and responsibility. Such relationships may be called a union, but the institution of marriage should be reserved exclusively for those who, out of religious convictions or cultural reasons, want to enter into a relationship that meets the common law requirement of the concept. Such couples will then be able to conclude not only a legally recognised union, but also a marriage which will be available only to heterosexual couples.

Negotiating mentoring relationships and support for Black and Brown early‐career faculty

AbstractIn this essay, we share historical and structural components of mentoring within institutions of higher education and grapple with technical and moral obligations of support. We argue for more humanizing approaches that embed personal, social, and cultural aspects of mentoring, and seek to disrupt the purposes of mentoring, and for whom? Using a critical approach, we promote justice‐oriented and equity‐driven models of mentoring that account for excessive teaching loads and service commitments for faculty at minority‐serving institutions and Black and Brown faculty at predominantly White institutions. Current promotion and tenure publish or perish models neglect the intellectual and scholarly contributions made through teaching and service and therefore hold the same level of expectations for engagement in and dissemination of research. We share our own stories as Faculty of Color navigating institutional structures during the promotion and tenure process, while also negotiating incongruent cultures of our personal and professional lives. Furthermore, we address the need for mentoring and networking within exclusionary spaces to support the productivity and critical research agendas of Black and Brown faculty that often challenge the white heteronormative cultures of our institutions, professional organizations, peer‐reviewed journals, and prestigious funding mechanisms. Implications of this essay include an acknowledgment of oppressive systems that early‐career Black and Brown faculty often navigate and a call for diverse mentoring programs and supports that conform with and validate our lives and needs. Furthermore, we provide recommendations on evidence‐based resources and approaches that are available to science, technology, engineering, and mathematics faculty and science educators.

China’s Stance on the Normativity of International Climate Change Law: An Interactional Account

Abstract Existing analytical accounts of China’s interactions with international law are underdeveloped. This article proposes the use of an interactional model to explain the normativity of international law from three perspectives: shared understandings, normative qualities of international law, and the reception of individual countries to these normative qualities. Furthermore, the interactional model is used to explain how conceptions of the normativity of international climate change law are developed in China. It finds that China has accepted the common responsibility system under an enhanced transparency framework, while adhering to the facilitative nature of international commitments to accommodate the needs of developing countries and stringently insisting on obligations of support from developed countries being met. In this, China’s position on the normative qualities of international climate change law is influenced by its international identities, power status, national interests, and domestic understandings of anthropogenic climate change. The interactional account that follows implies that future research on China’s interactions with international law should be cautious of both Western centrism and Chinese exceptionalism and consider both the legitimacy of international law and China’s own domestic context.

Dual Debtors: Child Support and Criminal Legal Financial Obligations

Dual Debtors: Child Support and Criminal Legal Financial Obligations