Post-separation parenting and Post-separation parenting and financial settlements: the long-financial settlements: the long-

term financial impacts of shared term financial impacts of shared carecare

Belinda Fehlberg

Melbourne Law School

Hypothesis

Financial settlements at separation are now more likely to reflect arrangements for shared parenting time but shared care is unlikely to be sustained in the longer term, resulting a new source of financial disadvantage of children and solo carers.

Aims

• To test the hypothesis via repeat interviews over 3 years with parents and advisers; and

• If necessary, make proposals for reform.

Research questions

1. Shared care and financial arrangements at separation?

2. Shared care and financial arrangements over time?

3. If there’s a discrepancy between 1 and 2, does this financially disadvantage children and their carers?

Background

• Post-separation parenting and financial arrangements are intertwined – Residence parent likely to receive more of the

parties’ property, spousal maintenance, and can claim child support

– Substantial care and high contact costs can reduce liability under the CSS

– Other subtle interrelationships

Background (cont)

• Financial arrangements have an important impact on the economic and social well-being of family members post-separation

‘[R]ecent work suggests that – besides parental conflict – it is the economic fallout from divorce that drives many of the negative consequences of divorce for children.’ (Smyth and Weston, 2001, p 1).

Background (cont)

• Shared care arrangements often do not last in the longer term. Longitudinal data suggest the relative fragility of shared time arrangements compared with other parenting arrangements, with the tendency over time being for children to eventually live with one parent – usually their mother

Eg: • Juby, Marcil-Gratton and Le Bourdais, 2005 (Canada); • Smyth, Weston, Moloney, Richardson and Temple, 2008

(Aust)).

A significant issue

• More separated parents entering shared time arrangements Eg McIntosh and Long, 2007.

• So likely that:– Property will be more evenly divided – Fathers’ child support liability will be reduced – Spousal maintenance may become even rarer

The project

• ARC Discovery Grant 2008

• 3 year study

• Data from two Australian State capitals and one regional centre

The project (cont)

• 2 groups of parents separating on or after 1/7/08.– Group 1: equal or ‘substantial and significant’

parenting time arrangements– Group 2: ‘traditional’ parenting arrangements

• ‘Case study’ approach (100 couples) • Sampling • Interviews

Contribution

• First study of the relationship between parenting and financial arrangements

• Discouraging ‘silo’ thinking in family law

• Benefit to children and their carers