Bargaining in the shadow of the child support agency? cooperative versus coercive private arrangements.
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Smyth, Bruce
Vnuk, Maria
Aleema, Prem
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Butterworths
Abstract
There is a notable lack of empirical data on the prevalence of private child
support arrangements and the dynamics surrounding them. This article
examines the reasons some non-resident fathers give for paying more than
their ‘official’ child support obligation, as well as the reasons some resident
mothers report accepting lower payments. We analyse data from
733 separated parents registered with the Child Support Agency surveyed as
part of a large national study conducted in early 2008. One quarter (n=185)
of respondents reported paying more, or taking less, child support than was
due. As might be expected, the majority of those private child support
arrangements appeared to occur in cases where the Child Support Agency
was not responsible for collecting payments. Our data suggest that private
child support arrangements may be more widespread than previously
discussed, and can be motivated by the desire to: (a) protect or encourage
parent–child contact; (b) stop fights over parenting arrangements;
(c) improve the perceived fairness of payments — or some combination of
these. Our data also suggest that female payees were more likely to report
feeling intimidated and/or pressured to take less child support than male
payers who reported paying over and above their child support assessment.
These pre-reform data raise the spectre that coercion may underpin a
number of private child support arrangements, and that some male payers
may be informally paying extra child support in order to have regular contact
with their children.
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Australian Journal of Family Law
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