It’s Not Like I’m a Deadbeat: The Impact of Child Support System Involvement on Fatherhood

• In Event: A Look at How Courts Work: Weighing of Evidence, Processing Domestic Violence, Rape, and Child Support Cases

Abstract

Prior to 1974, American custodial parents and family courts had little recourse when non-custodial parents did not meet their child support obligations. Since 1974, the federal government has passed more than 15 pieces of legislation related to child support, and non-custodial parents who do not comply with court orders for child support now face suspended licenses, property forfeiture, and incarceration. In effect, the system has transitioned from being essentially unregulated with no legal requirements for non-custodial parents to contribute to the financial support of their children, to one that was civilly regulated with little force behind the orders of support set by the court, and finally to one that has notable federal and state criminal justice penalties for non-compliance essentially functioning as a legal hybrid. This paper examines these criminal justice consequences for non-custodial fathers involved in the child support system. Specifically, I discuss the fathers’ experiences with the criminal justice system as a result of non-payment of support, focusing on how they understand their deservingness for punishment and the perceived justice of the system and how this involvement impacts their roles as fathers.

Author

• Brittany Battle, Rutgers University, New Brunswick