Sometimes the Deadbeat Dad is a Mom

 (Great Neck, N.Y.) As the economy continues its downward spiral, it is a rare day that passes without reading about more people who have been handed pink slips or forced to take substantial pay cuts in exchange for keeping their jobs.  Income from wages, investments, and savings are all on the decline while the cost of living, particularly here on Long Island, continues to rise.  We also hear of government agencies running out of funds because of declining income and sales tax revenues, and unemployment insurance being stretched to their limits. One noted but less publicized consequence of all this, is an increasing incidence of delinquent child support payments.  With such a high rate of divorce, the prevalence of these problems cannot be underestimated. In this economy, with an increasing potential for defaulting child support payments, what advice can the matrimonial attorney offer to any custodial parent?  The most current U.S. Census Bureau Report on child support may provide the answer to this question.

As a matrimonial attorney, Lloyd Rosen, Esq. (photo) recently handled a child support enforcement matter for a client who had been trying for months to collect child support from a parent who flatly refused to pay and repeatedly misrepresented to the Court an inability to pay.  The Family Court Judge finally lowered the boom, and sent the delinquent parent to jail – twice.  A commonplace occurrence you tell yourself.  Lloyd Rosen, Esq. explains “Did I mention that the deadbeat in this matter was the mom, not dad?”  You may think to yourself, a “deadbeat mom” – how unusual.  This got Lloyd Rosen wondering – Is the term “Deadbeat Dad” an unfair condemnation of an entire gender?

An August 2007 report issued by the U.S. Census Bureau (Custodial Mothers and Father and Their Child Support: 2005, by Timothy S. Grall) with regard to child support orders and payments in this country reveals some very interesting statistics.  First, it should come as no surprise to anyone reading this that women are awarded custody of their children the majority of the time (with a frequency of more than 85%), while fathers obtain custody in less than 15% of cases.  Of all the women who have custody, 6 out of 10 are entitled (by order or agreement) to receive child support.  In contrast, approximately one-third of custodial fathers are entitled to receive child support. 

But what about compliance with support obligations?  Perhaps this is where so many men have earned the reputation as a “deadbeat”.  However, the facts do not prove this to be true. According to the U.S. Census Bureau report, non-custodial fathers pay some or all of their support obligations 77% of the time, and non-custodial mothers make full or partial payment 75% of the time.  Based on these statistics, men are equally as likely as women to comply with their child support obligation.  

Another interesting statistic has to do with the contribution the custodial parent makes towards the support of the children.  Of all fathers who have custody of their children, more than 92% of them work, either full or part-time, while 78% of custodial mothers are employed.

So it would appear, based upon these statistics that fathers seem to battle the “deadbeat” stereotype: as compared to mothers, they are more likely to be obligated to pay child support when they do not have custody and are as likely to comply with the child support obligation. When men do have custody of the children, they are more likely to work to contribute to the support of the children than are women.  Consider the possibility that the term “deadbeat dad” may be unfair, as it appears that there is a real population of women who should be included among a larger class of “deadbeat parents”.

How can we use this information to help reduce the “deadbeat” category altogether?  The answer may lie in the concept of joint custody and visitation. Statistics show that when non-custodial parents are more involved in their children’s lives through joint custody and visitation arrangements, they pay all or some of their support obligation nearly 85% of the time. Non-custodial parents who do not share custody or visitation pay support less than 62% of the time.  Absent circumstances of actual domestic violence, drug abuse or other such “red flags” where joint custody and visitation may not be appropriate, the custodial parent would be well-advised to encourage the non-custodial parent to be as involved with the children as possible.  In such a scenario, the custodial parent would benefit, the non-custodial parent would benefit, and most importantly, the children will benefit.  Where else in this economy will you be offered the opportunity to engage in a win-win-win situation?

Lloyd Rosen joined Wisselman, Harounian & Associates in 2005.  Having substantial litigation and appellate experience, Mr. Rosen handles all aspects of matrimonial and family litigation. This includes divorce, separation, custody, visitation, domestic violence, child support and spousal support issues, the distribution of marital assets including business assets, as well as prenuptial and postnuptial agreements. He also handles paternity and grandparent custody and visitation, support enforcement, termination of support and domestic violence matters. 

The law firm of Wisselman, Harounian and Associates was established in 1976 and is dedicated to serving Long Island, Queens and Metro New York clients and the community on legal matters that arise during the course of raising a family and growing a business. It is the firm’s purpose to help protect clients’ legal interests throughout the many phases of their family lives. This can include handling matrimonial or family law concerns, buying or selling a home, running a business, and estate planning.

For more information on Wisselman, Harounian and Associates visit www.lawjaw.com

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