Posted on 09/12/2011 6:56:00 AM PDT by PieterCasparzen
It may not be a crime to be poor, but it can land you behind bars if you also are behind on your child-support payments.
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Thousands of so-called deadbeat parents are jailed each year in the U.S. after failing to pay court-ordered child support the vast majority of them for withholding or hiding money out of spite or a feeling that theyve been unfairly gouged by the courts.
But in what might seem like an un-American plot twist from a Charles Dickens novel, advocates for the poor say, some parents are wrongly being locked away without any regard for their ability to pay sometimes without the benefit of legal representation.
Randy Miller, a 39-year-old Iraqi war vet, found himself in that situation in November, when a judge in Floyd County, Ga., sent him to jail for violating a court order to pay child support.
He said he was stunned when the judge rebuffed his argument that he had made regular payments for more than a decade before losing his job in July 2009 and had recently resumed working.
...
(Excerpt) Read more at msnbc.msn.com ...
Except divorces are NOT Suits at common law unless they are common law marriages.
Once the State became involved and everyone was required to get a marriage 'license' [the legal definition of which is governmental permission], the product of the marriage [children] became subject to the administrative laws of the State.....and there are no RIGHTS under administrative law, only privileges.
He actually had the audacity to petition the court to have his child support reduced - retroactive to when he stopped paying.......
The woman sought out an attorney to represent her but it was going to cost her approx. $3,000 UP FRONT....she of course didn't have the money so she was on her own. I don't know what happened beyond that point because we stopped seeing each other.
As a side note, the ex-husband had visitation rights on weekends. Unfortunately, he was an alcoholic and all he would do while the daughter was with him was drink at home or take her to the VFW with him. In either case, he'd ultimately get stumbling drunk and pass out at home.......The poor daughter was becoming a wreck.
There are no easy solutions in divorces and every case is different. But if a guy has a child then he has a financial obligation to provide the support the court orders........
What an intelligent comment. From this I gather you're either a poor planner or too lazy to look for a job. (Or maybe both)
Like I care what some loser thinks.
In MN, you have to pay via The State (so they get their cut)
if kid(s) are involved (even if mom/kids are NOT getting State assistance)
It’s the perfect way to grow The State and shrink the family.
This is the way it is the last time I was “in the system”...not too many years ago.
But it does qualify as good advice.
I told my son to find his wife in church.
Amen to that.
Have him memorize proverbs 31 and use it as a guide.
Originally yes, but that may no longer be the case.
"... the term `citizen' in the United States, is analogous to the term `subject' in the common law; the change of phrase has resulted from the change in government."
State v. Manuel, 20 N.C. 122
The actual father not the boy toy she’s living with
You had some scenario with mother living with a millionaire and millionaire having to support a kid not his. The Courts will base child support on the income of bioparents, not live ins.
Right, that’s just sayin’ if you’re reading something from common law and applying it to a U.S. case, every place you see the word subject you replace it with the word citizen, cuz that’s what the United States calls it’s people.
Again, false.
Consideration of all income: All income and resources of each parents household shall be disclosed and considered by the court when the court determines the child support obligation of each parent.
Worksheet for calculating Child Support payments
Before you go making blanket statements, please do me the honor of verifying that you know what you are talking about. Again, you are WRONG.
If the non-custodial parent marries someone who earns more money than the bio-parent; the non-bio (step-parent) will also have their income calculated into the child support payment. Again, the law has decided that fathers are slaves, and anyone they marry in the future is also a slave.
Now, did you know that this obligation does not necessarily end at the age of 18? Courts have ordered that the non-custodial parent also pay for college, at any college the child decides to attend?
I hope you never get caught up in the divorce “machine” of the Western world, particularly if you are a white male.
It’s open season on white males in particular. States get federal dollar “kick backs” for every dollar of matriarchy, errr I mean “child” support they collect. There is NO incentive to grant downward modifications when the (usually) non custodial father loses his job through no fault of his own. Instead his income is “imputed” which means CS is based on what he COULD be earning.
My husband’s ex wife is re-married to a well-heeled man and earns more than my husband does yet she takes half my husband’s income in NON-arrears CS. He is left with $200 a week take home pay. And he PAYS taxes on April 15th on top of withholding.
She also works, ironically, as a child protective worker, yet she’s alienated all three of his children against him as well as file false abuse claims, stolen their college funds that my husband set aside for them, failed to claim the raiding of said funds on the tax return and tried to stick HIM for the interest and penalities. All three children continue to fail school semester after semester yet their is no accounting for her so-called “parenting.”
My husband is soft hearted so during the divorce, he let her take EVERYTHING including the entire proceeds of the sale of the marital home. In exchange for his kindness, she went out and got a cut throat attorney, kept all his family souvenirs, saddled him with “marital” debt that she ran up while separated. Left him literally with nothing but the shirt on his back. Since then she’s been less than honest with the CSEU and has pocketed and been grossly overpaid in CS above and beyond the 29% gross base by keeping quiet years after daycare expenses and orthodonture expenses have ceased. Just TRY to get a downward mod in NYS. You have a better chance of hitting the lottery three times in a row.
The system is totally anti-father. However if you happen to be a non custodial bioMOM then the courts look the other way if you decide to truly walk away from your children (as opposed to giving up in hopelessness after mom has permanently brainwashed the children against you) and “find yourself.” The judges will literally trip over themselves with calculators trying to find a way for non custodial bioMOM to NOT pay child support to custodial dad.
Equal rights, yeah right.
I hope you never get caught up in the divorce “machine” of the Western world, particularly if you are a white male.
It’s open season on white males in particular. States get federal dollar “kick backs” for every dollar of matriarchy, errr I mean “child” support they collect. There is NO incentive to grant downward modifications when the (usually) non custodial father loses his job through no fault of his own. Instead his income is “imputed” which means CS is based on what he COULD be earning.
My husband’s ex wife is re-married to a well-heeled man and earns more than my husband does yet she takes half my husband’s income in NON-arrears CS. He is left with $200 a week take home pay. And he PAYS taxes on April 15th on top of withholding.
She also works, ironically, as a child protective worker, yet she’s alienated all three of his children against him as well as file false abuse claims, stolen their college funds that my husband set aside for them, failed to claim the raiding of said funds on the tax return and tried to stick HIM for the interest and penalities. All three children continue to fail school semester after semester yet their is no accounting for her so-called “parenting.”
My husband is soft hearted so during the divorce, he let her take EVERYTHING including the entire proceeds of the sale of the marital home. In exchange for his kindness, she went out and got a cut throat attorney, kept all his family souvenirs, saddled him with “marital” debt that she ran up while separated. Left him literally with nothing but the shirt on his back. Since then she’s been less than honest with the CSEU and has pocketed and been grossly overpaid in CS above and beyond the 29% gross base by keeping quiet years after daycare expenses and orthodonture expenses have ceased. Just TRY to get a downward mod in NYS. You have a better chance of hitting the lottery three times in a row.
The system is totally anti-father. However if you happen to be a non custodial bioMOM then the courts look the other way if you decide to truly walk away from your children (as opposed to giving up in hopelessness after mom has permanently brainwashed the children against you) and “find yourself.” The judges will literally trip over themselves with calculators trying to find a way for non custodial bioMOM to NOT pay child support to custodial dad.
Equal rights, yeah right.
Exactly! I LOVE these novices who comment and have never had to go through the world of indentured servitude called family court!!
NYS it is 21 mandatory no matter what plus 50% of college costs. In my husband’s agreement it says “CS until 21 or graduation from college whichever comes LAST”
This is an open invitation to keep failing semester after semester and have daddykins pay for it.
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