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Criminal non support

Started by penny, Aug 08, 2005, 01:02:38 PM

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SandMan799

OK Lets take a look at something here, first of all the child support laws are making criminals out of good honest upstanding men, and in some cases women but far less than the men here. I have a question for those out there listening, why should  a man have to go to jail for non payment of child support? let them just keep taking money where they can until the money is repaid, a lot of men cannot afford these outrageous high child support orders, they automatically  increase the child support order if the man starts making more money, HOWEVER if the man starts making less money they do not lower the support payment as a matter of fact a man has to go to hell and back twice just to try and get the support order reduced and often it doesnt get reduced??? let me tell you a story, a man meets a woman and had sex, 5 days later woman calls man and tells him she is pregnant (and it is physically impossible to tell that early unless she was already pregnant before she met said man) man decides to do the right thing and stay with the woman, baby is born, and a short time after man and woman seperate, man tells woman he wants to still be part of childs life, mom says that the father will (that means that man is not biological father) man also finds out soon after the seperation that the woman had been in a relationship with another man only a few days before current man met woman, and that man had almost the exact same physical features, such as height, weight, eye color, and hair color, and prior man dumped her and joined the army... so current man moves on with his life, meets a good woman has a child and are doing ok, a few years pass and man moves back to originating state with his wife and child and gets hit with a child support order, man disputes said order and requests paternity test, paternitiy test is taken and man is told he would receive the first notification of test results which he never receives from lab, but from the courts instead (which means he received no notification as he was supposed to) ok so here is the real kicker, the courts are supposed to have a minimum standard for support orders which are suppoed to be at least 99% correct? well the test results come in at 97% and says that the man is NOT EXCLUDED FROM PATERNITY... not that the man is the father just that he is not excluded from being the father which means another man could actiually be the biological father in this case, hell at 99.0% that just means that 1 out of 100 men are likely to have the same results, so at 97.0% it grows exponentialy so lets say 1 out of every 10 men (or less) could be the father.... OK so job market crashes man cant find work, meanwhile he files for his disability from injuries he had from a accident several years prior while he was in the army and was medically discharged for these injuries,  so man is unable to work because of said injuries, support order is not reduced or modified no matter what man does, now man is facing criminal prosacution for non payment of court ordered child support and the Child support services are demanding  an immediate lump sum payment of close to $75,000.00 or face criminal prosacution plus they still want man to pay $706.00 a month out of his already very low disability income, not to mention man has wife and daughter to support (which is already almost impossable with disability income) so tell me... are all men that cannot pay their child support criminals? why can the courts do this to honest upstanding men who otherwise are reliable and productive members of the community? why does the court not try to make sure that these types of situations are much more regulated so these things do not happen? and how the hell can a man that only comes in at 97% and not excluded from being the father. end up in a mess like this that there is no way out of no matter what he does and cannot find help anywhere, he has been married for going on 14 years and has a beautiful 8 year old daughter that will be 9 next month... anyway yes if the man is 99.99% that he is the father then yes he should pay  the support if he is financially able, otherwise the support order should be reduced, but this is almost never the case and these mens current families suffer because of this kind of things, they care about the child for which support is ordered but not for the mans current children for which he lives with and tries to take care of them the best he can,.....it is so unjust to ruin a mans life who just could be the father of the child for which support is ordered, and not 100% or even 99% sure...  but at 97% that is just too much of a descrepancy for the courts to actually order and enforce child support for this case.....I can understand if he was  the minimum of  99.0%  on the dna/blood tests but he wasnt so it is plain and simply wrong

SEM

WELL SAID - Enough of this "black & white" view of a grey issue.  There are heinous mommy and daddy schmucks out there and flapping our yaps about which is worse will solve nothing...gender war is a dead end.  Let's challenge the court system!

The problem, in my opinion, is how the system handles the majority of cases where two good parents can't stay married and disagree about what's best for their children (custody).  MOST of the time mom gets custody and dad gets visitation and hefty child support orders.  This cookie-cutter recipe spells disaster for children and both parents.  The victor/vanquished philosophy does not work for families.  You can not FORCE compliance with ones wishes.  You may "win" the day or a particular issue, but suddenly...hmmm...flexibility disappears, etc.  

The child entered this world with two equal parents.  Kids need and love both equally and the court should only consider limiting one's access (injunction) with clear cause (drug abuse, violence, etc.).  To do otherwise deprives children of their right to access both parents and CREATES an imbalance of power which leads to increased conflict.  Something we all want to avoid.  

SEM

KELI609

hi, my name is keli and my ex owes me 14,000.00.  he skipped a hearing for contempt to pay child support and there is a warrant for him.  do you have any advice on what i should do so it doesn't get to your level.

mplsfitter539

 am writing to you today so that I can share something with you that I found or stumbled on more or less. I hope this information can help to set men free of the tyranny of Family Court. Anyway here is what I found. I was reading USC at Title 18 sec. 1581 Peonage when it occurred to me that enforcing an order to pay support cannot be enforced without voluntary compliance. Black's Law defines Peonage as a condition of servitude (prohibited by the 13th amendment and Title 18 sec. 1581 of the USC) compelling persons to perform labor in order to pay of a debt.   TITLE 18 > PART I > CHAPTER 77 > § 1581  

§ 1581. Peonage; obstructing enforcement


(a) Whoever holds or returns any person to a condition of peonage, or arrests any person with the intent of placing him in or returning him to a condition of peonage, shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.
(b) Whoever obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be liable to the penalties prescribed in subsection (a
  TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1994
 
§ 1994. Peonage abolished

 The holding of any person to service or labor under the system known as peonage is abolished and forever prohibited in any Territory or State of the United States; and all acts, laws, resolutions, orders, regulations, or usages of any Territory or State, which have heretofore established, maintained, or enforced, or by virtue of which any attempt shall hereafter be made to establish, maintain, or enforce, directly or indirectly, the voluntary or involuntary service or labor of any persons as peons, in liquidation of any debt or obligation, or otherwise, are declared null and void.

Also Minnesota Supreme Court Case Clausen v. Clausen  which reversed the order of a district court for violation of the elements necessary to find a party in civil contempt.
250 Minn. 293; 84 N.W.2d 675; 1957 Minn. LEXIS 631

kandi1


kandi kelley

Good For you!!!!!!!! I am in the same boat. I am owed $59,749 in back support. It is criminal. I like you have just turned 40 and I to am feed up. I am going to try the gov't hotline too and see if they help for the state of Pa where I am. Only problem is that my local domestic relations has been telling me for the last 13 yrs that they can't find him.
wish me luck and good luck to you


kandi

mplsfitter539

You sound like a major vengful bitch. CP's don't get it, you rip children out of thier daddy's arms and then you aren't truly happy until you are able to extort large sums of money out of him. Your kids are grown get over it, its time for you to grow up too.

kittencaboodle

> She is a second wife, wonder if she was
>the cause of the first divorce. Looks like she has a child fom
>previous relationship, wonder how much child support she has
>coming in on a regular monthly schedule. $$$$$ Did she get a
>rich one second time around? Does she have to work or just sit
>around eating Bon Bon's? Makes you wonder who the real TROLL
>is?

Excuse me.  

I am a second wife, currently pregnant.  I have been with my husband for 2 and a half years, and yes, before the divorce was final.  My husband owes over $6500 in arrears.  

Now, before you slam him for being a deadbeat dad, let's go through "the rest of the story" as Paul HArvey would say.  

1 -- My husband owes child support to his ex wife to the tune of $200 a week for 4 children.  2 girls, and a set of twin boys.  All of them conceived while his ex promised she was on birth control, but then oops she lied, and admitted it to him.  

2 -- I did meet and begin dating my husband before his divorce was final, however...  The divorce had also been going on for a year and a half.  I am certainly not responsible for the dissolution of that "marriage".  

3 -- My husband makes 11 an hour at an accounting job.  She gets about $190 a week from his take home, we get $150.  Tell me how one supports oneself on $150 a week?  

Let me tell you, you can't. That's why I spend 40 hours a week bringing in money to support myself, my husband, and his 4 kids that we have EOWE and on Wednesdays.  

4 -- We live in a one bedroom apartment.  Every other weekend, we pack up our lives to go stay with his parents, so we can have room for the kids.  We do this because my husband wants to be involved with his children, he wants to be a part of their lives, despite the lies their mother has told them about him.  "Daddy was mean", "Daddy is irresponsible".  Even if it were true, why would you tell your own children this?  

How dare you come on here and make generalizations because you feel bitter?  How dare you come on here and make the stereotype that all second wives are out for money?  If that were the case, boy would I be stupid.  We can barely afford to support ourselves and now we're having a baby.  

I work 40 hours a week to pay for mistakes that *I* didn't make.  Maybe you need to look in a mirror and ask yourself how fair that is.  You were stupid enough to marry a crackhead.  Did you really expect anything better?  Be angry at yourself, and be glad you don't have to deal with him anymore instead of prolonging the torture by trying to "get even".