Lay Intuitions About Child Support and Marital Status

44 Pages Posted: 16 Mar 2011 Last revised: 11 Dec 2011

Ira Mark Ellman

Arizona State University College of Law; Arizona State University (ASU) - Department of Psychology; Center for the Study of Law and Society, Berkeley Law, University of California, Berkeley

Sanford L. Braver

Arizona State University (ASU) - Department of Psychology

Multiple version iconThere are 2 versions of this paper

Date Written: 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.]

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

Suggested Citation

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

Ira Mark Ellman (Contact Author)

Arizona State University College of Law ( email )

Box 877906
Phoenix, AZ
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

Center for the Study of Law and Society, Berkeley Law, University of California, Berkeley ( email )

Berkeley, CA 94720-2150
United States

Sanford L. Braver

Arizona State University (ASU) - Department of Psychology ( email )

Tempe, AZ 85287-1104
United States

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