No Child Support Paid to Abusers
Victims of domestic violence in states that support joint legal custody should not be ordered to pay child support regardless of parenting timeshare
Current legislation in California and many other states supports the presumption of joint legal custody; even when parents' have be found to abuse their spouse/partners. Those persons should be barred from ever seeking a child support order from their victims, regardless of their parenting timeshare or economic circumstance.
Almost all domestic violence restraining orders expire and research supports that batters often seek full custody and receive it in 70% of these cases. Thus, a situation is created where non-custodial parents will chronically and incrementally litigate to reduce their child support obligation. Ultimately, they "trade dollars for time."
Federal funding via (OSCE) provides grants to the lower courts to increase non-custodial parents' timeshare which, harms families when there has been a history of violence. Congress should provide greater protection for families where violence has occurred to prevent batters from forum shopping. This can could be accomplished by issuing final custody orders that cannot be overturned/modified by a guardian ad litem in any case and only proper if there is the risk of safety to the child. Victims are also financially harmed by having to pay for attorney's fees when non-custodial parents chronically litigate in these cases to avoid their obligation. It is unjust that there are no laws in place regarding this issue and that any parent (like me) with a 51% timeshare would ever end up paying child support to a former abusive spouse. I am asking Congress to either; stop funneling grant money to OSCE that supports increased litigation, or enact greater protection to victims of domestic violence thus, to stop non-custodial parents from forum shopping to obtain a child support order in their favor.
Almost all domestic violence restraining orders expire and research supports that batters often seek full custody and receive it in 70% of these cases. Thus, a situation is created where non-custodial parents will chronically and incrementally litigate to reduce their child support obligation. Ultimately, they "trade dollars for time."
Federal funding via (OSCE) provides grants to the lower courts to increase non-custodial parents' timeshare which, harms families when there has been a history of violence. Congress should provide greater protection for families where violence has occurred to prevent batters from forum shopping. This can could be accomplished by issuing final custody orders that cannot be overturned/modified by a guardian ad litem in any case and only proper if there is the risk of safety to the child. Victims are also financially harmed by having to pay for attorney's fees when non-custodial parents chronically litigate in these cases to avoid their obligation. It is unjust that there are no laws in place regarding this issue and that any parent (like me) with a 51% timeshare would ever end up paying child support to a former abusive spouse. I am asking Congress to either; stop funneling grant money to OSCE that supports increased litigation, or enact greater protection to victims of domestic violence thus, to stop non-custodial parents from forum shopping to obtain a child support order in their favor.
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