Introduction
It is an essential concept under the family law which aims to provide for the needs of children after the parent’s separation or divorce. However, it has been claimed by some scholars in the recent years that the current system of child support lacks constitutional authority. This article will try to establish a list of pros and cons for constitutionality of child support and review of the case laws that lie on the either side of this debate for both parents and children.
Understanding Child Support
Child support is a legal requirement whereby one parent usually the one with physical custody of the child- pays the other parent or the custodial parent a set amount to cater for the needs of the child. These payments are to cover incidence such as food, shelter, clothing, education fees, and medical bills. Child support guidelines differ from one state to another but are normally set by guidelines that the parents’ earnings, the number of children and the child’s requirement.
Arguments Claiming Unconstitutionality
There are varying legal and constitutional ante-bates that can be made against child support, contesting the existing system. Here are some of the primary points raised by critics:Here are some of the primary points raised by critics:
1. Due Process Violations
Those opposed to such orders state that stabilizing child support normally disturbs the Due Process Clause of the Fourteenth Amendment. They say that there is insufficient protection of legal rights every time that procedure of defining and managing the pay for child- support is being implemented. For instance, some people have been locked up for failure to pay as a form of punishment a practice that detractors say contravenes their right to fair trial.
2. Equal Protection Issues
The Fourteenth Adjustment Equal Protection Clause prohibits discrimination and mandates that treatment does be given to people when they are similarly situated. Others have opined that the child support system discriminates non-custodial parents mostly father against by the fact that most of the provisions require them to pay more than the custodial parents. This argument is especially so where the custodial parent earns more than the other but is still receiving child support payments.3.
3. Gender Discrimination
The current child support system has also been accused of having biased in as much as it discriminates the gender. In the past, women were awarded custodial parenting more often than men and so received child support more often than men did. Some people’s opinions for the same are that it supports gender stereotype where men are presented as the breadwinners and women as facilitators.
4. Infringement on Parental Rights
Another argument is that obligation of child support is a violation of the parental rights to decide on the rearing of the children. Parents do have a constitutional right, as has been up-held by the U. S. Supreme Court to make decisions regarding the rearing of their children. Some critics’ opinion on the subject is that rights of the parents and children are infringed through the mandatory payments of child support in a manner that such payer goes against the natural way he or she wants to raise the children.
Case Laws and Judgements
With regard to the arguments against child support, some of the points proposed have been persuasive to certain courts, however, a large number of courts have continued to strike down the constitutionality of child support laws. Here are some key legal precedents:Here are some key legal precedents:
1. Turner v. Rogers (2011)
In this case, the U. S. Supreme Court plain that states must protect procedural fairness at least where non-custodial parents may be incarcerated for non-support. But, let me state clearly that the Court did not hold that child support per se is unconstitutional. However, it stressed the fact that states should also give adequate protection to non-custodial parents through making them to be informed and to be heard.
2. Cases Addressing Equal Protection
Much as the Equal Protection Clause has been the center of litigation challenging other aspects of the child support system, it has been largely dismissed. They have discovered that the system is one which decides and provides for the best interest of the child and that where the treatment given to one party is different from that given to the other the difference is because of the differences in the respective roles of a custodial and a non custodial parent..
The Case for Child Support
On the premise about why the child support system is crucial some of the major points as seen are; They argue that the provision of child support leads to a responsible parentage that provides the necessary essentials, basic needs, education, and healthcare to the kids.
1. Care and Protection of the Child
The basic rationale is the welfare of the child and the right of the child to be supported out of the other parent’s income. The United States Supreme Court has confidently declared that states have a rightful concern in the best interest of children and that child support is a way of achieving this goal.
2. Economic Security
This has made child support to be viewed as a means of achieving economic well being for the children. It is hoped that with the enforced scheme to make the non-custodial parents make a contribution towards child support, poverty rates and the general economic divergence between homes that have been separated by divorce as well as that of single parents and their children will be minimized.
3. Shared Responsibility
Child support regime presupposes shared responsibility though relying on the concept of parental responsibility for children. This principle stems from the fact that both parents should play a role in the up bringing of a child regardless of the living situation.
Conclusion
Thus, as much as the constitutionality of child support is still subject to debate, the present legal positivism accepts child support laws as constitutional and important tools in defense of children. There are a number of rational criticisms with regards to equality of protection, due process, and even gender bias; however, these are as a rule resolved by ongoing legal changes and measures.
Over the years, the society continually changes the family’s new structure as well thus coming up with an alternation of the child support system so as to fit the best interest of the child fairly and equitably.
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