Quote From: ncdad54If you're like most men, you're married or you hope to marry some day. You think you deserve to live happily ever after but, if things don't work out that way, you'll get a civilized divorce and move on. You'll stay pals with your ex-wife and you'll see your kids as often as you want.
You have no idea what you're getting into.
The odds are 40 to 50 percent that your marriage will end in divorce. The odds are 70 percent that your divorce will be filed by your wife. The odds are 80 percent that your wife will get custody of your children - plus child support, alimony and/or a hefty chunk of your property.
From the moment your wife files for divorce, the state, acting through the court, will assert authority over everything you own. The court then can give a major share to your wife by applying the law of "equitable
distribution."
The law of equitable distribution is based on the "partnership theory of marriage." This theory holds that your marriage is a business partnership. Everything you earned during marriage you earned for the partnership. Therefore, upon divorce, all your accumulated assets must be split "equitably" between you and your "partner."
The theory also holds that if the property your ex is awarded at divorce doesn't yield enough to support her at the standard of living you established during the marriage, then you should "equitably" pay her the difference in alimony until she becomes self-supporting - in most states, even if the breakdown of the marriage was her fault.
The partnership theory of marriage doesn't quite cover everything you
made during marriage: It doesn't cover your children.
Even though you and your ex were partners in the creation of your children,
and even though you each contributed "equitably" to their upbringing, these
considerations will carry little weight in court. Yielding to precedent and
preconception, the court commonly will decide that it is in the "best
interest" of your children to be in the sole custody of their mother.
As sole custodian, your ex will acquire primary parental authority to live with your children and to determine their general development, including their health care, education and religious training.
You may "visit" with them on scheduled weekends.
After the court awards your ex the sole custody of your children, it will award you something very special also: the obligation to pay child support.
Your child-support obligation will not be determined by your children's basic needs. The court first will calculate your income, which it then will proceed to tax at a predetermined "guideline" rate set by law. The guideline rate will vary according to the number of your children. It also may vary according to your income level and that of your ex.
At your child-support hearing, you'll be permitted to introduce evidence
that the guideline rate is too high - that it will generate more money than
is needed by your children or that it will leave you with too little to live
on. But the law strongly presumes that the guideline rate produces the
correct minimum amount of child support. The burden of proof will be on you
to overcome this presumption. The court won't reduce your guideline rate,
except in extreme circumstances.
a. If you are a wage-earner, the child support you owe will be withheld from your wages and paid directly to your ex without your ever having to write her a check.
b. Once in the clutches of the child-support system, you'll be systematically shorn of your economic autonomy.
c. If you lose your job, you must continue to pay the court-ordered amount. To get relief, you must file a petition with the court. You also may have to hire a lawyer to argue the petition -which, if unemployed, you would be hard-pressed to do.
d. In court, you won't get complete relief. Initially, the court will expect you to pay a large part of the ordered amount out of savings. It will expect you to reduce your own standard of living before it reduces your child-support obligation. You'll also have to pay - in full - any amounts you failed to pay from the day you lost your job until the day you filed your petition.
e. If you find a new job which pays less than your old one, the court needn't reduce your child-support obligation correspondingly. The court may suspect that you took the lower-paying job to reduce your child-support payments. The burden will be on you to prove you didn't.
f. If you leave your job to start your own business, and you pay
yourself a minimal salary until the business prospers, the court needn't
grant you child-support relief. It may lecture you about "putting your
children first."
g. If you remarry and have children with your new wife, the court needn't grant you child-support relief. It may lecture you again, this time about not bringing more children into the world when you already have children enough to support. And if your new wife works, the court may look at her income as an indirect source of more child support.
h. In the meantime, your ex may claim that your children's needs have increased significantly, and she'll seek to increase your payments. You will have to prove that you can't afford the increase, and it won't be enough to show that your income hasn't increased significantly. If it has, your ex needn't show that the children's needs have increased
correspondingly.
i. If your wages are not withheld and you fail to pay your child
support, the state will garnish your pay, slap liens on your property, intercept your tax refunds, report you to credit agencies, suspend your driver's, professional and business licenses, hold you in contempt of court, put your face on a wanted poster, throw you in jail and deny you food stamps. But if your ex doesn't spend that very same support on the children, the state will do . nothing.
j. Your child-support obligation doesn't necessarily end when your children grow up, leave home and become legal adults. In many states, you may be ordered to contribute to their college tuition, room and board and their travel expenses, even though married parents can't be ordered to pay for these things.
You also may owe your ex one further payment: part or all of her "reasonable" attorney's fees.
The court will try to eliminate any financial advantage you have in
selecting a lawyer. It will not make her fritter away her equitable share of your property on something so inequitable as her attorney's fees. It will make you fritter away your share. Equitable distribution, alimony and child-support law produce a net transfer of assets from you to your ex. Child-custody law produces a net transfer of custody from you to your ex.
From an economic point of view, divorce is a wealth-redistribution racket that forces fathers to make payments to mothers. From a social point of view, it is a family resocialization scheme that turns mothers into state-sponsored single parents and fathers into infrequent visitors of their estranged children.
When the economic and the social aspects of divorce law are netted, fathers are two-time losers. They must pay for the maintenance of women to whom
they no longer are married and for the support of children to whom they no
longer are full-time parents - all the while having to carry the costs of their
own new households.
This skewed regime spawns strong reactionary forces. The strife which the divorce should have ended indeed has only just begun. Your ex will warm to calling all the shots. She may cancel your visitation now and then. If
she's truly mean-spirited, she'll go much further. Under the cover of her court-appointed role as sole custodian, she'll systematically sever your relationship with the children: she'll badmouth you to them; she'll schedule their extracurricular activities during your visitation time; she even may accuse you of domestic violence and child abuse.
The authorities will act quickly to "protect" your children from you: They'll curtail your visitation during their investigation, you'll be restricted to being with your children only in the presence of a supervisor, and you'll be ordered to pay the supervisor's fees.
In the end, your children themselves will refuse to spend any time with you. Their brainwashing will be complete and irreversible. They will be alienated from you - forever.
More efficiently, your ex may simply move with the children to a distant community, with the law's acquiescence.
As the struggle wears on, your frustrations will deepen. You'll pass up overtime work rather than earn extra income for your ex. You'll be tempted to "do a fade": to flee the jurisdiction and disappear.
Your health will deteriorate. Your sleep will be disturbed. You'll feel fatigued and distracted. You'll sweat a lot. You'll develop elusive internal pain. The tests will rule out a tumor. The pills will help a little, but the pain won't go away.
While the law pits your ex against you, its ultimate victims will be your children. Your sons will be battered by the absence of their most important role model. Your daughters will be gutted by the loss of their primary standard for opposite-sex comportment. They'll seek compensation elsewhere - in aggressive, seductive or rebellious behavior. They'll develop deep-seated psychological problems. They'll drop out of school, lose their jobs and get into trouble with the police.
You'll know no peace for a generation.
The odds are high that your marriage will end in divorce. The odds are daunting that your divorce will disrupt your well-being. You'll lose your children and your property. You'll pay alimony, child support and attorney's fees. You'll be subject to state scrutiny over employment and spending decisions. You'll have chronic health problems. You'll watch helplessly as your children carry deep emotional scars into adulthood.
The odds are it doesn't pay for you to marry and have kids.
And the odds are that you will.