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by giantg2 1000 days ago
Unless someone is severely disabled, spousal support is a horrible thing. Even worse are the states that make it compulsory after a certain number of years.

Child support makes sense in theory, but is butchered in practice. The judgements often have little to do with how much it actually costs to support the child and is more about a percentage of income.

Let's not forget, the state is the third party in a divorce. They do not want to support anyone when they can force one of the other parties to do so.

2 comments

Except if the benefiting party receiving spousal support and child support is after tax, so they don't report that as income. So, if they don't work, they qualify for unemployment benefits (at very least the Medicaid) - the government still pays. Speaking from my own experience. My ex is now trying to fight to get more child support because my son is on my healthcare plan my employer offers, she wants to put him on Medicaid like her and get the money instead. In other words, government still going to pay. I think her lawyer didn't agree with her because it's not the best interest for our kid and could be a waste of time. Although I think it's terribly for the higher earner in the divorce, I can't blame her for gaming the system. It is well set up for her to take advantage of this divorce situation. I even know there are women have multiple children from different men just so they can live luxuriously - none of child support is counted towards income when calculating other child support - the only risk is some men rather go to prison than paying lol.
The state also gets a 10% rake off the top, which is why child support judgments are so enthusiastically enforced.
Is that the court fee or something else?
It's not a flat percentage exactly and it varies by state[1]. I'm not sure how I got 10% in my head maybe that's roughly the average?

[1] https://calmatters.org/projects/california-keeps-millions-in...

That article says the average retained is about 3.8% nationally. It sounds like what the government is getting it from interest on unpaid support.