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Justice Is in the Eye of the Beholder
Author(s) -
Claessens Elke,
Mortelmans Dimitri
Publication year - 2021
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/fcre.12543
Subject(s) - perception , dyad , typology , mediation , economic justice , psychology , social psychology , procedural justice , sociology , political science , law , neuroscience , anthropology
This study aims to deepen our understanding of the perception of fairness in child support agreements. We build on the theory of reaching agreements and current knowledge considering justice perceptions in child support cases, applied to the specific case of Belgium, which lacks a uniform system for child support determination. Using qualitative in‐depth interviews conducted with both ex‐partners of a parental dyad, we analyze which factors pertain to the perception of (un)fairness and how this links to the way an agreement was reached. We find that, apart from the enumeration system and the height of the child support award, characteristics of the agreement and the parents are also of importance in determining the perception of (un)fairness. Converging these findings with the theory of reaching agreements provides a typology from communal problem‐solving to unilateral yielding, which are linked to specific parental foci/motivations and bring forth own sources of fairness and unfairness. The results of this study are particularly useful for mediation strategies aimed at enhancing the perception of fairness and offers relevant insights for child support policies at large.