Legal Tragedy for Unemployed Divorced Men & Fathers

[ImFightingMad]

I am writing this to make this Legal Tragedy better known and also in hope that someone could help the thousands of us in this tragic situation.

Like many Americans at this time, I have been laid off. This in itself is bad enough for most Americans, but those of us that have been divorced face a Legal Tragedy that is against The Constitution and all moral concepts. Men are almost exclusively affected by what I am about to tell you. This shows the discrimination of the courts and the laws in this country.

Since I have been laid off, I am only “earning” unemployment insurance, which is only 16.6% of my previous gross income. I therefore cannot pay the alimony and child support that the courts ordered in my divorce in Florida. I do not even have enough money for my own expenses. The courts in Florida are looking at finding me in contempt of court because of non-payment. They would therefore put me in jail along with countless others for the same reason. This makes no legal or moral sense in many ways:

1. If I was still married and got laid off, would the courts care, of course not! The family would have to do what they could to survive. But, since I have been divorced, and there is no relationship anymore, I’m supposed to support them over supporting myself, otherwise go to jail. How does this make any logical, moral or legal sense? Why is it that since I am divorced I have a greater financial responsibility than I ever did when I was married? Why should all of my rights be taken away because I am unemployed now, and yet my ex-wife is suppose to maintain the same or better lifestyle as when I was employed? This again, would not be the case if I were still married. This shows that divorce laws take precedence over basic human rights and are stronger laws than marriage itself, which is a bond with God.

2. If I’m in jail, how am I supposed to find a job? After being in jail, it would be very difficult, if not impossible, to ever find a good job again!

3. This type of incarceration was abolished with the 13th Amendment. Which prohibits Involuntary Servitude. Also 8 USCA-56 prohibits Peonage.

Why should my life and other’s be completely destroyed just because we were ever married and now unemployed?

Isn’t the fact that I, and many others have lost our jobs enough of a tragedy in itself? How does completely destroying the rest of our lives solve anything? In this situation, what could any of us ever do to help ourselves?

I was extremely involved in the 2000 Presidential election, supporting George Bush. I lived and worked in Austin, Texas, but I was still a registered voter in Florida. The government and country that I so dearly loved and put so much energy into, has now let me down.

Please Help!

[Neets]

*wink*

[shaggy eel]

Of course... but until there is a surefire way of discriminating - I'll just stay in non-nuptial "agreements".

,,, won't your income buy that ability to discriminate?

[rollin]

Yes, he could but in the vast majority of cases, it would not even make the slightest bit of difference. Only woman are allowed in most jurisdictions to petition the court for an increase in the amount of support.

The chance of a decrease ever being considered by the current judiciary is less than that of a hailstone in a steel furnace.

[eccentric]

Move to Kansas. Child support is not enforced in this state. When it is put in a court order, it is only for the minimum wage level (5 kids on less than $300 a month).

[Mini-14]

Let me repeat my previous statementon: Post your anti-marriage crap on some other BB, like democraticundergound.com

[Mr. K]

you are not making sense- the man is on unemployment- nevermind and legal or moral question, it is not logical to throw someone in jail because he cannot do the impossible. (i.e. pay out more than he takes in)

I am not defending deadbeat dads, I have seen to many morons fail to take responsibility for their children. I am just asking how is it 'contempt' for a person to be unable to do the impossible?

[StatesEnemy]

Well... I don't seem to be lacking.

And my $$$ is MINE! Matter of fact just splurged on a 2K carbon-frame road bike - it's a speed demon.

Meanwhile, 'Married Men' are spending their cash on drapes...

[moondancer]

From my own experience in the courts, they can make it up as they go!

[xm177e2]

You should have kept your pants on.

Look back at what was written: "I therefore cannot pay the alimony and child support that the courts ordered in my divorce in Florida"

The guy is divorced. Are you saying married people shouldn't have sex???

[sweetjane]

It sounds like your oldest son should apply for and receive SS disability (or something like that). Has anyone looked into this?

Other than that, you should take your situation to the judge and request a recalculation of the child support and alimony.

Some men get the raw end of the deal in divorce, but in most cases it's the women and children who get the raw end of the deal. That's why the laws are the way they are.

My dad was one of the first dad's to sue for custody and get it, 25 years ago. At the time, my mom was a college student after being a housewife so he didn't get child support. In fact he had to pay alimony. When my mom was finally employable, he was so traumatized by the family court system that he decided not to sue for child support.

[StatesEnemy]

Let me repeat my previous statementon

I'm not "anti-marriage", I am anti-woman-court-collusion.

Until that changes, I refuse to buy into the scam.

[Welsh Rabbit]

You seem like you may be clinically depressed (for good reason) and are about to do something desperate (like guaranteeing an arrest warrant by not appearing in court). Maybe you should seek psychological help from the state mental health authorities or somewhere. I don't have a lot of faith in psychologists, but perhaps you can get mental disabilty status or something. Tell them you're suicidal (which you've hinted at). Even if it doesn't help your case, it might help your troubled mind. I really don't know if this is a feasable suggestion, but it may be worth looking into. I hope things get better soon. Keep fighting. I've known a few people who've faced equally terrible times and have eventually found light at the end of tunnel. God bless.

[ImFightingMad]

How true, the judges in Family Law do not have to follow the law. Also, you cannot get a trial in front of a jury!

This proves how family law itself is against The Constitution and Bill of Rights!

[Becki]

I know people who spent thousands on attornies, fought over everything but both ended up with almost nothing...

War of the Roses.

Becki

[America's Resolve]

Mother worked two jobs to keep body and soul together for her children as they crashed from a 180K income to less than 15 over the course of a year.

It sounds to me like he should have been given custody since he was in a better position to support the children than she was.

Thats the problem that many/most men see in the discrimination being practiced by the courts nowadays.

Women, by virtue of their genitalia are superb parents and men are reduced to a pecker and a paycheck. Women are parents and men are just spare parts.

Women are perceived as these perfect beings who by virute of their breasts are perfect, godlike parents and men are all dunces who couldn't raise a child to save their lives.

It's state-supported and sponsored sexual discrimination. Period!

Just remember: Susan Smith was a mother and a less than perfect parent

maybe if the courts began to look out for the interests of the child instead of the mother and placed the child with the parent that could best support it, cases like you mentioned wouldn't happen as often as you say they do.

[steve86]

I have a suggestion for you. Costa Rica.

Don't they eventually take away the right to get a passport, or revoke it? (I know this is a federal function, but at least in my state you apply for the passport at the very same District Court that issues the divorce decrees!).

If this gentleman is telling us the whole story I do feel for him. It doesn't sound like he is trying to evade reasonable support obligations.

The south must be really tyranical on this sort of thing. Where I live up north, I do believe it is a rarity for anyone to pay alimony beyond the first payment or so. The state does look with contempt on those who evade child support obligations, but I don't know that I've ever heard of someone actually going to jail. Losing driving licenses and prefessional licenses is common for hardcore deadbeats, but the orders are modified due to changing circumstances all the time.

Incidentally, I am helping a relative with her pro se divorce papers. She has children, and the father has not paid prior obligations (too jerky to hold a job), but we aren't going to try and drive him to suicide; that wouldn't be right.

[mlmr]

I work in a field where I know a broad array of people in differening life circumstances. At last count over the past 10 years I have known 4 professional men to stop work completely and another 6 to downsize their work or change jobs to petition the courts for lower payments. I was amazed. I was amazed. Not much however, amazes me these days.

[StatesEnemy]

Some men get the raw end of the deal in divorce, but in most cases it's the women and children who get the raw end of the deal.

Simple solution... the kids go with the one that makes the most money.

[ImFightingMad]

My oldest son DOES receive SSI! That still hasn't made a difference with the Judge!

[Montfort]

No, his ex-wife is a woman with custody of children so she could get welfare. He cannot get welfare.