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To: right2parent
Or maybe fathers who are fed up with the purely socialist nature of this program.

In general, what is 'socialist' about child support?

56 posted on 07/06/2005 11:16:20 AM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: MEGoody
In general, what is 'socialist' about child support?

The idea of supporting children certainly is not socialist in itself. The arbitrary governmental taking from one parent to increase the standard of living of another without a compelling state interest is socialist.

You have to consider that alimony and support for an abandoned spouse and her children are available in a private action through district court. This award is not derived from the so-called guidelines. The basis of this award is an standard of living the family could have expected to maintain before the abandonment. This action calls on the equitable power of the court.

A IV-D child support order is administrative in character and regulated by statute and administrative rules. The statutes regulate the actions of the welfare agency in the administration of its welfare programs. This is why title IV-D is meant to work in tandem with title IV-A, or what has now become TANF.

The guidelines are part of a statutory scheme to order a spouse who has abandoned his family to the welfare roles. This is an administrative action to recover or avoid an amount of money the state is obligated to provide the impoverished family the the father could have otherwise provided. The basis for the order is the pecuniary interest the state incurs as a result of the family becoming eligible for welfare assistance. Unfortunately, the regulatory scheme has become mal-administered to the point that the procedure for establishing these orders no longer associate the legitimate basis of the order with the evil sought to be remedied by the program. Orders are now established without any basis whatsoever, and attempt to extend the basis for the common law releif to all separated families without establishing abandonment or need. Fault is still required to be established in order to show a father has abandoned his family, and need is required to be established by showing his absence has created a liability on the state to provide welfare under the Social Security Act.

It's the misapplication of this program that stinks of socialism. If it were applied correctly to the class of deadbeat dads it was intended to reach, and for the amount the government could lawfully demand, I would have no problem with it at all.

60 posted on 07/07/2005 8:32:08 AM PDT by right2parent (www.citizensrule.net)
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