Fit Fathers Denied Custody of Their
Children Unjustly Face Contempt and Jail
by Shane Flait
(2010)
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.
END
Shane Flait is a writer and educator
