Abstract

http://ssrn.com/abstract=1784437
 
 

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Lay Intuitions About Child Support and Marital Status


Ira Mark Ellman


Arizona State University College of Law; Arizona State University (ASU) - Department of Psychology

Sanford L. Braver


Arizona State University (ASU) - Department of Psychology

July 11, 2011


Abstract:     
Given the fact that the child and custodial parent generally share a living standard, there is some tension between the traditional rule excluding marital status altogether as a consideration in setting child support levels, and the traditional American rule making marriage an absolute requirement in claims by one spouse against the other for support (traditionally, ‘alimony’) for herself. How should that tension be resolved? This paper is part of a larger project investigating how ordinary citizens resolve such policy problems, by asking them to decide a series of cases that systematically vary critical facts so as to reveal the underlying principles animating their views. This study extends the authors’ prior child support studies by a) expanding the range of paternal incomes presented to respondents, and b) examining the effect of the parents’ marital status and relational duration. We replicate our prior findings on the impact of parental incomes, and the disparity between them, across the expanded income range, and the finding that overall, citizens favor higher support amounts than the law provides when custodial parent income is low, but lower support amounts when the custodial parent income is higher. We also now find that our respondents would increase support awards for low income mothers (over current levels) by larger amounts when parents had married, than when they had cohabited, and would give the lowest awards to mothers who had had no relationship at all with the father, beyond the single sexual act leading to the child’s conception. We explain why the pattern of their support awards suggests that in setting child support levels they give more weight than current American law to the children’s interests.

[This draft, uploaded September 14, 2011, is substantially revised. An earlier draft was accepted for the 2011 CELS conference poster session, but not presented there. Earlier drafts with the title "Lay Intuitions about Family Obligations: The Relationship Between Alimony and Child Support", should not be quoted or referred to.]

Number of Pages in PDF File: 44

Keywords: child support, alimony, judgments, divorce, family law

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Date posted: March 16, 2011 ; Last revised: December 11, 2011

Suggested Citation

Ellman, Ira Mark and Braver, Sanford L., Lay Intuitions About Child Support and Marital Status (July 11, 2011). Available at SSRN: http://ssrn.com/abstract=1958429 or http://dx.doi.org/10.2139/ssrn.1958429

Contact Information

Ira Mark Ellman (Contact Author)
Arizona State University College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
480-965-2125 (Phone)
HOME PAGE: http://www.law.asu.edu/HomePages/Ellman/
Arizona State University (ASU) - Department of Psychology ( email )
Tempe, AZ 85287-1104
United States
Sanford L. Braver
Arizona State University (ASU) - Department of Psychology ( email )
Tempe, AZ 85287-1104
United States
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