Child Support and (in) Ability to Pay: The Case for the Cost Shares Model

63 Pages Posted: 22 Jan 2009 Last revised: 15 Oct 2009

See all articles by Pamela Foohey

Pamela Foohey

Yeshiva University - Benjamin N. Cardozo School of Law

Date Written: January 19, 2009

Abstract

Currently enacted child support guidelines primarily focus on maintaining children's economic well-being when a single household is split into two. This article argues that this focus discounts another consideration which, when combined with the current analysis, could further advance children's well-being: the ability of parents to pay. An analysis of payment characteristics demonstrates that lower child support obligations may increase the amount of child support paid on average. Lowering presumptive obligations will make lower-income parents better able and more likely to pay their obligations, thereby increasing the amount of child support paid to lower-income children, while at most only marginally decreasing the amount of support paid by middle and upper income parents, which, when paid at all, usually exceeds the minimum obligations established by guidelines. The Cost Shares model of child support guidelines implicitly incorporates payment ability into the existing analysis, yielding slightly lower obligations, and thereby making it a better and easily implemented alternative to current guidelines.

Keywords: child support, law and economics, law and psychology, children, divorce

JEL Classification: A21, H31, J12, J16, K39

Suggested Citation

Foohey, Pamela, Child Support and (in) Ability to Pay: The Case for the Cost Shares Model (January 19, 2009). Journal of Juvenile Law & Policy, Vol. 13, No. 1, 2009, Available at SSRN: https://ssrn.com/abstract=1330192

Pamela Foohey (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law

55 Fifth Ave.
New York, NY 10003
United States

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