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#201
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Name change because parent not visiting child
"ghostwriter" wrote in message ups.com... teachrmama wrote: "ghostwriter" wrote in message ps.com... Why on earth do you think it is ok to subject private individuals to such government interference when no crime has been committed? For the life of me, I can't fathom why you think someone doing a "job" is better at taking care of the children than the parents of the children. Do you also think there should be these social workers out inspecting the homes of married parents? You seem to have a very deep-seated distrust of people--except people who represent the government. There should be no interference at all unless one or both of the parents are operating outside of the law. Period. A civil action, like say a contested divorce, is basically an individual asking for a court to decide whos rights have higher priority in any given situation. The idea of a CASA pre-supposes the fact that a civil action has already been filed. At that point someone has already asked a judge to step in and make a decision, inside of the adverseral, only the lawyers make out civil system that exists in this country. Everyone is screaming that you want non-adverseral, informed decisionmaking, and everyone including me agrees that the parents are the first people that SHOULD be making those decisions. The court system will almost always agree to any divorce/child support settlement that the parents mutually agree on. The problem is that at least one parent is asking for government intervention because the parents HAVE NOT been able to reach a decision point. The problem is that the current system is set up in such a way that WOMEN WIN the majority of the time. They are almost guaranteed custody of the children. So if they don't get exactly what they want from the men, they can run to court and get it from the judge. Make the system equal for both genders--no favoritism--and see how quickly the "fix it for me, judge" attitude falls off. You'd see a lot more people working things out themselves. A lot of arguement as to why that is revolve around the fact that the CP wants to milk and unreasonable amount of money out of the NCP. The CASA is a method that allows for informed decisionmaking without conflict of interest, something that is absent in any contested custody or divorce situation currently. Making the playing field equal would do exactly the same thing, without the need for a CASA. The CASA simple replaces the judge in the majority of cases very similar to the medical communities heavy use of nurses to assist doctors. Selection of the CASA by elimination would allow for both sides to be reasonably represented without the conflict of interest that arises when a lawyer is payed to represent your interests while the court is seeking the best interests of the child. The fact that the children you come in contact with represent the segment of society that might need supervision does not in any way indicate that all divorced/never-married couples need such superbvision. It is unfair to tar everyone with the brush of you negative experiences. A constested situation exists with massive potential conflict of interests, where at least one participant has REQUESTED government intervention, the potential damage to society is large, exactly when would you say intervention is necessary? When the playing field is level, and they STILL can't agree. You want the CP to be constantly anwserable to the NCP on expendatures but I imagine that your not so interested in giving the CP access to the NCP's income/spending information. Conflicts of interests like that are the reasons that the system is so damn cumbersome. The CP already has that access. NCPs file income reports with the court regularly. Plus the courts have total acxcess to employment and tax info. Why don't you already know that? Besides which, I think that each parent should be responsible for 50% of the child's basic needs. And anything they want to do above and beyond that is a choice that each gets to make for him/herself. A level playing field, thats a little vague dont you think. Enforced equality on a finanicial level would be extremely destructive given that women with children almost always have lower earning potential. Shouldn't it be that both parents have equal rights and responsibilities instead of looking at which one can give the most money to the other to (hopefully) support the children? Pre-supposing joint custody is a good idea, with lower child support to reflect the quasi-rents that the father will provide. That has been shown to lower divorce rates considerably. Little wonder. Removing the incentives lowers the incidence. The basic needs arguement is your strongest point, the problem that I can see is that basic needs are a very loosely defined criteria. Paying the CP enough so that if they work like mad they can afford a small apartment, basic food, and the basic clothing needs of a child. Even if they are never able to advance or prepare for retirement or all of the other things that would have been possible inside of a married life. That isnt anywhere near as bad as allowing the fathers to determine the exact level of support they will pay. Even if Mom and child live in a cheap apartment while Dad's new family lives in a large home, I dont like the inequality but inequality exists in reality. Certainly that is nowhere near the situations that I face with foster kids birthfamilies. Whoa. You start with what appears to be shared custody the immediately switch to sole. Are you having trouble understanding equal responsibility in custody and support? And I can see that a equlibrium could exist between allowing a reasonable ablity for the CP to improve their lifes with allowing the NCP that same ability. Although given the return on investment society sees for educated/experienced children I still tend to favor the CP in that reguard, but nowhere near as strongly as for the basic needs arguement. This is defineately a situation were joint custody would be preferable. Children raised without their father present in the home are much more likely to drop out of school. That exposes a problem with your 'solution' of throwing money at the CP. A judge has almost no information when they are making the decisions, thats the reason a CASA type system appeals to me. Informaiton and common sense would solve most of the problems that currently exist. But the harsh assumptions have to remain until more information becomes available, the potential cost is simply too high. The judges have legislation that mandates income driven C$ guidelines. The judge's decision is more important in determining custody, which historically almost always goes to the mother regardless any other information. Even when both parents request paternal custody, the mother winds up with custody in about 17% of cases, IIRC. I think however we may have reached a reasonable solution, at least in my mind. A franken-system with liberal, populist, and libertarian aspects We both agree that law cannot be substituted for human judgment, and we both agree that the parents are the best people to exercise that judgement, but we disagree on the level of conflict of interest that should be assumed in a NCP. As I understand your arguments you wish the fundemental assumption to be that an average NCP will possess little conflict of interest, so that even when the parents are unable to agree the court should mandate a bare minimum of child support to insure a child's basic needs and then allow the parents to work out any remaining inequality. Its quite a reasonable solution and certainly addresses my major concerns of child safety and family failure. Making the minimum a hard and fast number would force a lot of people to sell houses and/or declare bankrupcy but that doesnt really upset me half as much as true impoverishing. Give the judge the power to freeze collection of debts until the situation was decided. A hard number would also give the sytem the ability to truly destroy the real deadbeat dads. HUH? Let me guess what you're trying not to say: As long as the children, and by association, the mother, are cared for, what happens to dad is of no importance as long as the $$$$ keeps rolling in. Its a composite system by the way between populist and libertarian solutions (there's a combination that doesnt happen often). I could still very easily see the mild horror stories of mothers fighting to pay the bills when dad lives in luxury but compared to the flip side stories that happen today I can certainly live with that. You can live with it as long as it's not you going through it, sure, but you're still stuck on the sole mother custody mentality. I would suggest a further composite to address those situations where the conflict of interest is larger, add a liberal education requirement that both parties attend classes/counciling where that inequality can be worked out for their specific situation, including how the split will change as incomes change or emergencies arise, place a strong emphasis on allowing the parents to exercise judgment, but set up a minimum framework. Take a portion of the NCP's pay and place it in eschrow to be divided after the drafting of a binding agreement, thus giving both parties a strong incentive to come to an agreement. And you're right back to sole mother custody, which changes nothing. Phil #3 Place a CASA type as the teacher/counciler and give them the right to draft the agreement if the parties cannot agree. And of course allow review of the agreement at the request of either party. All collections of payments would be by a private company, a bank most likley, that would oversee any changes to the payment levels based on perodic review and recommendation of the CASA, subject to the agreement. Ghostwriter |
#202
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Name change because parent not visiting child
"Dale" wrote in message . .. "Moon Shyne" wrote in When you are discussing the difference between what a divorced parent is "legally required" to provide for their child, as opposed to what a married parent is "legally required" to provide for their child, what would you suggest as an appropriate area to look? Traffic laws? Still here for the entertainment are we? SO what problems do you personally have today than we can discuss? Now THAT'S funny!!!! Phil #3 |
#203
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Name change because parent not visiting child
"Dale" wrote "Moon Shyne" wrote in When you are discussing the difference between what a divorced parent is "legally required" to provide for their child, as opposed to what a married parent is "legally required" to provide for their child, what would you suggest as an appropriate area to look? Traffic laws? Still here for the entertainment are we? SO what problems do you personally have today than we can discuss? == That's good! :-) But, alas--She's been here nearly a decade so I don't see her picking up her ball and heading home anytime soon. |
#204
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Name change because parent not visiting child
"Moon Shyne" wrote in message ... "Phil" wrote in message k.net... "Moon Shyne" wrote in message ... "teachrmama" wrote in message ... "Moon Shyne" wrote in message ... "Phil" wrote in message .net... "Moon Shyne" wrote in message ... "Phil" wrote in message k.net... "Moon Shyne" wrote in message ... "Dale" wrote in message ... "Bob Whiteside" wrote in We pay women to whelp children. The more children they have, the more money they get. The more men they have children with, the more they make. The poorest women have the largest safety net system to support their single motherhood. It's turning out that way, a kid is a free ticket to 18 years of tax free income! And well more than 18 years of bills. Such as? What bills, other than minimal support of children and her own costs is she forced to pay? Please define this "minimal support of children" - cause all I know is, I have 2 teenagers, and everything from food to educational expenses, to clothing expenses to health and dental insurance to medical and dental expenses has risen steadily between their infancy and their current adolescence. And it doesn't magically stop when they hit their 18th birthday. Phil #3 Minimal support is that required by law, which if you've ever seen situations that barely meet the situation, you'd agree are not acceptable to many, if not most, parents. It is the very basic food, shelter, clothing, etc. You are only legally required to minimally support your children, period. That you choose to support them better is a choice. If the support doesn't end with their attaining adulthood, it is BY YOUR CHOICE. Now what, beside minimal support is the CP *required* to supply? Pretty much what *any* parent feels compelled to provide to their children - a reasonable upbringing. Yoiu and BOb seem to be on the same page - if that's how you've treated your children, I feel sorry for them. OK, you don't agree that minimal support is enough. But it is a *choice* to provide more than that. You are only *legally required* to provide the minimum. Your choice to provide more does not change the legal requirement in any way. Reality being what it is, there IS no "legal requirement" - certainly none that I've seen spelled out in the divorce laws of my state, nor spelled out in my divorce. Perhaps you think that laws only come from divorce decrees? When you are discussing the difference between what a divorced parent is "legally required" to provide for their child, as opposed to what a married parent is "legally required" to provide for their child, what would you suggest as an appropriate area to look? Traffic laws? ANY person who has the care of a child is legally required to provide the basics of life--food, clothing, shelter--aren't they, Moon? If a grandparent, aunt, neighbor, friend is caring for a child in the absence of a parent, THEY must provide those thing, or be found legally responsible for not doing so. Or are you saying that a divorced parent does not have to provide for a child at all if they don't want to? On a more personal level, I'd be pretty worried about ANY parent who was calculating how much support to provide to their children based on some "legal minimum requirement" That's what I'm trying to get you to see. The law states that CPs must provide the basic legal minimum requirement. That's it! Phil #3 |
#205
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Name change because parent not visiting child
"Dale" wrote in message .. . "teachrmama" wrote in So you want the arrears to continue to grow and grow and grow while the person is laid off? Sounds great--leave 'em with a debt they can't get out from under when they finally get work again. And if they get a lower paying jop, do the arrearas continue to grow because, no matter what, the children are owed a certain lifestyle? As far as I'm concerned, the arrearages can grow until the cows comes home, $55,000 might as well be $550,000, they can only garnish so much of my small wage. And that is one of the major problems with the system. The children may be declared to be owed a certain lifestyle by the great and mighty judge, but, if dad is laid off or some other mischance lowers his income, the children do not get their court-ordered lifestyle, but dad is impoverished with a mountain of debt that, in the end, may dishearten him to the point that he just walks away. When will these foolish people wake up and see the havoc they are wreaking in the very families they think they are helping? Sooner or later, CP's have to realize that no court, judge or lawyer can help them if the NCP can't earn a living. The power struggle will end when NCP's no longer bow to the whim of this pathetic court system. Wouldn't be too hard to bust the present penal system, it's already understaffed and over crowded. Take their power away, stop playing their game! |
#206
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Name change because parent not visiting child
"ghostwriter" wrote in message oups.com... That's because you don't understand Hitlery's philosophy: "it takes a village". Reductio ad Hitlerum, took you long enough but you didnt disappoint. So you dont like community responsibility, lets talk personal responsibility. Dont screw people you dont intend to spend the rest of your life with, if you do: YOU DO SO AT YOUR OWN RISK. Once you have children staying together to provide for them is more important than spending time with your buddies, or buying a ton of crap then arguing about money. Dont have children with someone that doesnt agree with that. Failure to follow this advice is entirly YOUR OWN DAMN FAULT. Dont come whining because you couldnt come to an agreement with your ex about the child support, thus forcing a judge to make a decision based on a tiny amount of information. And dont be suprised when those of us that were sexually responsible and made our first marriage work have more sympathy for your kids than you. Bed, Made, Lie And by the way, it does take a village, but one of the points that Mrs. Clinton is unlikley to ever understand is that part of the villiagers responsibilty is to bitch slap those members that try and avoid personal responsibility. Then, Ghost, you better start making sure that BOTH men and women suffer the discomforts of the decision. Make sure BOTH are required to provide for the child, both by being a physical, hands-on paernt, AND by earning the $$$$ mecessary to care for the child. Let your great amd mighty village BITCH SLAP both the mand AND the woman. And, if only one parent picks up the ball after the bitch slap, give the child to THAT parent to raise. Forget this give-the-child-to-mommy-to-raise philosophy, and find out which parent (or maybe both) is REALLY fit to raise the child. THAT is a far better philosophy than the unfair one now in place! |
#207
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Name change because parent not visiting child
"Phil" wrote in message ink.net... "Moon Shyne" wrote in message ... "ghostwriter" wrote in message oups.com... That's because you don't understand Hitlery's philosophy: "it takes a village". Reductio ad Hitlerum, took you long enough but you didnt disappoint. So you dont like community responsibility, lets talk personal responsibility. Dont screw people you dont intend to spend the rest of your life with, if you do: YOU DO SO AT YOUR OWN RISK. Once you have children staying together to provide for them is more important than spending time with your buddies, or buying a ton of crap then arguing about money. Dont have children with someone that doesnt agree with that. Failure to follow this advice is entirly YOUR OWN DAMN FAULT. Dont come whining because you couldnt come to an agreement with your ex about the child support, thus forcing a judge to make a decision based on a tiny amount of information. And dont be suprised when those of us that were sexually responsible and made our first marriage work have more sympathy for your kids than you. Bed, Made, Lie And by the way, it does take a village, but one of the points that Mrs. Clinton is unlikley to ever understand is that part of the villiagers responsibilty is to bitch slap those members that try and avoid personal responsibility. ROFLMAO! Ok, Moonie, just one point. Are you in favor of holding women to this same standard even though it would mean accepting responsibility for any unplanned pregnancy thereby outlawing abortion, abandonment and unilateral adoption AND the ability to keep the children along with the promise of C$ as income? Phil #3 Excellent point! Moon?? We're waiting......... |
#208
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Name change because parent not visiting child
"ghostwriter" wrote in message ups.com... teachrmama wrote: "ghostwriter" wrote in message ps.com... snip for length A lot of arguement as to why that is revolve around the fact that the CP wants to milk and unreasonable amount of money out of the NCP. The CASA is a method that allows for informed decisionmaking without conflict of interest, something that is absent in any contested custody or divorce situation currently. Making the playing field equal would do exactly the same thing, without the need for a CASA. The CASA simple replaces the judge in the majority of cases very similar to the medical communities heavy use of nurses to assist doctors. Selection of the CASA by elimination would allow for both sides to be reasonably represented without the conflict of interest that arises when a lawyer is payed to represent your interests while the court is seeking the best interests of the child. The fact that the children you come in contact with represent the segment of society that might need supervision does not in any way indicate that all divorced/never-married couples need such superbvision. It is unfair to tar everyone with the brush of you negative experiences. A constested situation exists with massive potential conflict of interests, where at least one participant has REQUESTED government intervention, the potential damage to society is large, exactly when would you say intervention is necessary? When the playing field is level, and they STILL can't agree. You want the CP to be constantly anwserable to the NCP on expendatures but I imagine that your not so interested in giving the CP access to the NCP's income/spending information. Conflicts of interests like that are the reasons that the system is so damn cumbersome. The CP already has that access. NCPs file income reports with the court regularly. Plus the courts have total acxcess to employment and tax info. Why don't you already know that? Besides which, I think that each parent should be responsible for 50% of the child's basic needs. And anything they want to do above and beyond that is a choice that each gets to make for him/herself. A level playing field, thats a little vague dont you think. Enforced equality on a finanicial level would be extremely destructive given that women with children almost always have lower earning potential. Pre-supposing joint custody is a good idea, with lower child support to reflect the quasi-rents that the father will provide. That has been shown to lower divorce rates considerably. Not making the playing field level in terms of money--not at the outset. Making the playing field level in terms of WHO gets the child if 50/50 custody is not a possibility, who ends up providing child care, insurance, etc. Things that right now are practically predetermined before the door of the courtroom is darkened. Mom-custody, Dad-bills. A woman, armed with th knowledge that she gets both kids and her soon-to-be-ex's $$$--can file for divorce with confidence. Make it a crap-shoot, with the woman on the losing end 50% of the time, and see how fast that changes! You want to stabilize marriage? This is a good way to do so. The basic needs arguement is your strongest point, the problem that I can see is that basic needs are a very loosely defined criteria. Paying the CP enough so that if they work like mad they can afford a small apartment, basic food, and the basic clothing needs of a child. Even if they are never able to advance or prepare for retirement or all of the other things that would have been possible inside of a married life. That isnt anywhere near as bad as allowing the fathers to determine the exact level of support they will pay. Even if Mom and child live in a cheap apartment while Dad's new family lives in a large home, I dont like the inequality but inequality exists in reality. Certainly that is nowhere near the situations that I face with foster kids birthfamilies. Dad is not there to provide for his ex wife. IF the judge thought that were necessary so she could get back on her feet, he would have ordered alimony. But the point of dad providing only for basics with child support is not to put thechild at a very low level of living, but to give dad the option of providing the luxuries himself, in his relationship with the child. Fathers who are actually involved with their children are willing to get them those things that they long for. The dad who takes his kid to socceer and Little League is far more likely to be willing to pay for uniforma and team photos than the dad who is court ordered to do so on mom's demand. Let the dads BE dads and see what happens. And I can see that a equlibrium could exist between allowing a reasonable ablity for the CP to improve their lifes with allowing the NCP that same ability. Although given the return on investment society sees for educated/experienced children I still tend to favor the CP in that reguard, but nowhere near as strongly as for the basic needs arguement. This is defineately a situation were joint custody would be preferable. If BOTH parents are with the children for large chunks of time (as opposed to the ridiculous "visitation" nonsense in place today) then both parents will have large amounts of child-free time to, say, work overtime, go to school, or otherwise improve their situations. A judge has almost no information when they are making the decisions, thats the reason a CASA type system appeals to me. Informaiton and common sense would solve most of the problems that currently exist. But the harsh assumptions have to remain until more information becomes available, the potential cost is simply too high. On the contrary, CS caseworkers have all sorts of info to work with. They just don't care. The example of our 2 children being considered irrelevant when setting CS for the 12+ year old daughter my husband never knew existed is a prime example. Make it so there are no virtual guarantees when walking through the courthouse doors, and FAR FEWER people will walk through those doors to begin with. THEN there will be plenty of time for the caaseworkers to deal with the few cases who DO really need help. I think however we may have reached a reasonable solution, at least in my mind. A franken-system with liberal, populist, and libertarian aspects We both agree that law cannot be substituted for human judgment, and we both agree that the parents are the best people to exercise that judgement, but we disagree on the level of conflict of interest that should be assumed in a NCP. As I understand your arguments you wish the fundemental assumption to be that an average NCP will possess little conflict of interest, so that even when the parents are unable to agree the court should mandate a bare minimum of child support to insure a child's basic needs and then allow the parents to work out any remaining inequality. Its quite a reasonable solution and certainly addresses my major concerns of child safety and family failure. Making the minimum a hard and fast number would force a lot of people to sell houses and/or declare bankrupcy but that doesnt really upset me half as much as true impoverishing. Give the judge the power to freeze collection of debts until the situation was decided. A hard number would also give the sytem the ability to truly destroy the real deadbeat dads. And I have no problem with going after true deadbeats. That is what the system was set up for to begin with. Its a composite system by the way between populist and libertarian solutions (there's a combination that doesnt happen often). I could still very easily see the mild horror stories of mothers fighting to pay the bills when dad lives in luxury but compared to the flip side stories that happen today I can certainly live with that. That would be sad. But we can't heal all ills. If the father is so selfish and self centered that he would permit his child to live like that, then he was like that before she ever jumped into bed with him. And, as you said in another post, MADE, BED, LIE. That doesn't just apply to men. I would suggest a further composite to address those situations where the conflict of interest is larger, add a liberal education requirement that both parties attend classes/counciling where that inequality can be worked out for their specific situation, including how the split will change as incomes change or emergencies arise, place a strong emphasis on allowing the parents to exercise judgment, but set up a minimum framework. I think counseling that encourages a focus on the child(ren) and the effect of decisions on the children is an excellent idea. I have no idea why this is not in place right now. Take a portion of the NCP's pay and place it in eschrow to be divided after the drafting of a binding agreement, thus giving both parties a strong incentive to come to an agreement. Why? Why not take a protion of common holdins and place it in such an account? Or take a bit from both parents? Or from the parent best able to afford it? It's a little unfair to take arbitrarily from the NCP. And I don't really see a reasom to take anything at all. Place a CASA type as the teacher/counciler and give them the right to draft the agreement if the parties cannot agree. And of course allow review of the agreement at the request of either party. All collections of payments would be by a private company, a bank most likley, that would oversee any changes to the payment levels based on perodic review and recommendation of the CASA, subject to the agreement. If it ever even got to this point. I'm thinking that, with a level playing field at the outset, and fairness all the way through, we are not going to see much need for intervention, and will probably see stronger marriages, becasue the escape clause will not be as palatable, and will b econsidered only after working hard to keep the marriage going. |
#209
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Name change because parent not visiting child
"teachrmama" wrote in message ... "Dale" wrote in message .. . "teachrmama" wrote in So you want the arrears to continue to grow and grow and grow while the person is laid off? Sounds great--leave 'em with a debt they can't get out from under when they finally get work again. And if they get a lower paying jop, do the arrearas continue to grow because, no matter what, the children are owed a certain lifestyle? As far as I'm concerned, the arrearages can grow until the cows comes home, $55,000 might as well be $550,000, they can only garnish so much of my small wage. And that is one of the major problems with the system. The children may be declared to be owed a certain lifestyle by the great and mighty judge, but, if dad is laid off or some other mischance lowers his income, the children do not get their court-ordered lifestyle, but dad is impoverished with a mountain of debt that, in the end, may dishearten him to the point that he just walks away. When will these foolish people wake up and see the havoc they are wreaking in the very families they think they are helping? Here's another way of looking at this - The family law judges really don't care about individual cases. Instead, they apply their personal biases with a broad brush approach and that gives them a feeling of satisfaction for doing the "public good." The CS guidelines give them cover to hide behind and keeps them from having to focus on individual cases and make difficult decisions. Before the CS guidelines were implemented there used to be judges who believed in life after divorce for fathers. Men's attorneys used to try to position their cases to get these judges assigned to their clients cases. Women's attorneys tried to dream up reasons for trial postponements after they realized a father-friendly judge had been assigned to their case. The CS guidelines have significantly changed judicial behavior. Even though the name clearly states the numbers are "guidelines", the judges treat them as de facto law and use them for political cover. Just ask yourself this simple question - If the CS guidelines took judicial discretion away from family law judges, why don't they oppose the use of the guidelines? My answer is because they made their jobs a lot easier. |
#210
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Name change because parent not visiting child
"Moon Shyne" wrote in message ... "ghostwriter" wrote in message oups.com... That's because you don't understand Hitlery's philosophy: "it takes a village". Reductio ad Hitlerum, took you long enough but you didnt disappoint. So you dont like community responsibility, lets talk personal responsibility. Dont screw people you dont intend to spend the rest of your life with, if you do: YOU DO SO AT YOUR OWN RISK. Once you have children staying together to provide for them is more important than spending time with your buddies, or buying a ton of crap then arguing about money. Dont have children with someone that doesnt agree with that. Failure to follow this advice is entirly YOUR OWN DAMN FAULT. Dont come whining because you couldnt come to an agreement with your ex about the child support, thus forcing a judge to make a decision based on a tiny amount of information. And dont be suprised when those of us that were sexually responsible and made our first marriage work have more sympathy for your kids than you. Bed, Made, Lie And by the way, it does take a village, but one of the points that Mrs. Clinton is unlikley to ever understand is that part of the villiagers responsibilty is to bitch slap those members that try and avoid personal responsibility. ROFLMAO! standing ovation The news yesterday was 40% of all child births are now to women who are not married. That means 40% of all newborns are being brought into the world as potential CS, welfare, or adoption cases. I just can't bring myself to define personal responsibility as women having children out of wedlock to add to the village's financial burden. |
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