Fit Fathers Denied Custody Of Their Children Unjustly Face Contempt And Jail
A Complaint for Contempt against a father for not paying all the child support ordered is filed by the custodial mother. This article shows that because the non-custodial father is unable to pay all court-ordered child support perhaps in addition to any state-imposed interest and penalties on the amount overdue (referred to as 'in arrearage') he's subject to unjust imprisonment.
Since courts now - conveniently for their power - define child support as 'not a debt', a father who is desperately impoverished - no matter what the circumstance of the mother- cannot file for bankruptcy and is not protected from imprisonment for debt - as our founding fathers declared unjust and supposedly eliminated.
Nonpayment or underpayment of child support can never be forgiven - no matter how outrageous the order is compared to his income, or however big the arrearage grows. He's forced to pay until the day he dies, out of whatever earnings he has, however meager they may be.
This child extortion scam is involuntary servitude and nothing else. It should be forbidden by the 13th Amendment. Free men are under contract, slaves are just told what they must pay or do without any commensurate benefits; there is no quid pro quo for slaves or non-custodial fathers.
The father, often, never contracted to pay child support at any rate. The court simply imposed the order upon him while, of course, denying his fundamental right to directly parent (and support) his child(ren).
I should mention that a father is strongly pressured to 'settle' his case (i.e. forego trial) by his lawyer (and directly or indirectly by the judge) because he will not get equal rights to his child(ren) but incur the expense of a trial hopelessly trying to do so.
But, also, fathers who exercise their legal rights by going to trial are often punished by family court judges with a more malicious judgment against him. As a result, many fathers, settle their case and agree to non-custodial status - and all that implies - because intense pressure and duress from the judicial system - i.e. from his judge and his lawyer.
No, 'the stressed' agreement the father signs in this case is not really a circumstance amenable to what an honest 'settlement' should involve! It is a contract that would be voided in any other circumstance due to unfair duress imposed by the court.
What's happens if he can't pay all the child support?
The father, who is in arrears, is sent to jail for up to six months under what is called 'civil contempt'. Six months is a key incarceration limit since constitutional law requires a jury trial (to prove that he simply is unable to pay the order) for incarcerations of longer then six months.
No 'jury trial' often means no real trial because a bench (i.e. 'no jury') trial in family court, is a kangaroo trial with jail an almost assured outcome.
Of course, the family court judge can put a father in jail for a long time, as long as the judge breaks up the under-six month incarcerations with respites between the father's imprisonments.
Time served under a judgment of 'civil contempt' does not reduce child support owed, but in fact allows it to continue to accumulate week by week while the father is in jail. Of course, if he had a job but was unable to pay all the child support, then he will lose it and prospects for future jobs will be greatly diminished.
If the father leaves that state (or the country) while not arranging for all child support to be continually paid, he - under present feminist law- will be charged with a felony and can then be sentenced to jail for up to ten years.
Can anyone imagine a more hellish circumstance for a fit father who has had his kids stolen by the court and who has never committed a real crime - just the made-up ones of the family court and present divorce law?
Fathers whose judges impute (i.e. make up) high incomes for them in order to impose a higher child extortion order are immediately criminalized and often must go under ground or leave the country. This is clearly persecution.
by: Shane FlaitAbout the Author:Shane Flait gives you the capability you need to fight for your rights.Get his FREE Downloads at http://www.FathersRightsLegalAid.comTake his ecourse: How to Handle Your Family Court Case at http://www.FathersRightsLegalAid.com