Despite claims of ‘evidence based policy’, the place of empirical evidence in family law reform is ambiguous. There is ongoing socio-legal analysis of the differential value and uses of quantitative data and anecdote in detailing women’s experiences and advocating for change. In this paper, we engage with these issues through a focus on how data were constructed in a key government report, Every Picture Tells a Story, which was used to officially define the problem and outline recommendations in the controversial (...) 2006-08 reform of the Australian Child Support Scheme. Our discussion focuses on two questions: what legitimacy is accorded to different kinds of evidence in family law reform processes?; and, how is this legitimacy gendered? We applied feminist critical discourse analysis to the type, source and claims of the data included in the child support chapter of the report. Our findings indicate that both quantitative data and anecdote were used to privilege fathers’ financial interests and autonomy; in contrast, women’s voices and interests were marginalised. Thus, we argue the legitimacy of data is ascribed through its relationship to the gendered definition of the ‘problems’ of child support, rather than the type of data per se. (shrink)

Economic abuse is well established as a widespread and damaging element of intimate partner violence. However research largely addresses cohabiting couples, with few detailed explorations of women’s longer-term experiences after separation. Further, researchers have not developed a gendered analysis of child support related economic abuse. Such an analysis requires understanding gender as a framework that organises institutions and relationships in ways that build and reproduce hierarchical relations of difference. In this paper, I present data from in-depth interviews with 37 single (...) mothers to pursue a structural analysis of how men’s deliberate withholding of child support can be a form of economic abuse that is facilitated through gendered state processes and institutions that order child support transfers. I argue that masculine financial discretion structures policy and organizational practices in ways that legitimate men’s financial agency at the expense of women’s financial autonomy. On-going compliance issues are not the result of a failure of Australia’s Child Support Program, but suggest that the state’s role can be one of regulation, not prevention, of economic abuse. Thus, Australia’s Child Support Program normalises the potential for post-separation economic abuse. (shrink)