Child Support Enforcement (CSE) Agencies have exploded in power and size over the last 40 years. They are the money engine underwriting the divorce and domestic violence industry that relies on the family courts' anti-father and unconstitutional denial of a fit father's parental rights so as to impose almost endless and extorted payments from him. This imposed and extorted 'obligation' violates the 13th amendment's prohibition of involuntary servitude.
*Family court denies fit fathers of their parental right without required due process:
There's no substantive due process to family court's denial of one parent's right - overwhelmingly the father's - under a divorce or paternity suit. Family court is a civil court but makes orders that effectively deny our most fundamental rights - denials and orders that were previously associated with punishment for criminal wrongs.
Without proof of unfitness nor almost any other proof - and without a jury trial -family court judges deny the parental right of the father so as to award the mother her parental right by giving her legal and physical custody of her children and then further financial entitlements from the father. The 'greater good' excuse used by the court for this is 'the best interest of the child'. Not only is this excuse not applicable when fit parents exist, but it's in direct violation of U.S. Supreme Court rulings that give parental right the same protection as all fundamental rights.
*Criminal punishment imposed for no wrong done:
The family court unilaterally assigns the fit father to a noncustodial class that offers no effective parental right to a father but extorts from him with threat of jail, or suspending other of his rights, almost endless weekly payments to the mother or the state for up to 22 years. These payments are almost always financial debilitating to him, often putting him below the poverty level; they are far in excess of a minimum maintenance as given under foster care for care of a child, and they rise as his income rises.
These payments are euphemistically called 'child support' but no law restricts how the mother may spend them. The term is 'Orwellian newspeak' for selling to the public this almost endless debt imposed by the state no wrong committed and no unfitness proven as his responsibility as a father.
In the 19th century, the imposition of child support payments was punishment for criminal neglect of a child. It required a jury trial and the payments were only minimum maintenance. But today's family court has usurped the use of criminal punishments overwhelmingly on fathers without any wrong committed.
The family court also ignores a maxim of law that 'he who benefits from a right carries the obligations of it'; so, only with a right does a responsibility exist. That's because the essence of freedom includes responsibility coupled with liberty interests. When your liberty interests are denied, you have only a slave's responsibility. Slaves have responsibilities without rights - or any worthy rights.
Lastly the imposed payments on father represent almost endless debt payments extorted by imposing jail. Jail for debtors has long been ruled unconstitutional but not for these payments. It's simply defined as 'not a debt'!..another Orwellian tactic.
Now, past unpaid child support payments are nonforgiveable. You must pay all - no matter how unjustly they were imposed - or go to jail.
*Family Court's imposed obligation on fathers as noncustodial parents also violates the 13th Amendment against slavery and involuntary servitude
Family court's order to extort child support payments on a fit father denied his parental rights to support his children directly violates the 13th amendment - "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
Denying his parental right while extorting payments with jail puts a father into involuntary servitude. Involuntary servitude refers to a person held by actual force, threats of force, or threats of legal coercion in a condition of slavery - compulsory service or labor against his or her will. This includes the condition in which people are compelled to work by a "climate of fear" evoked by the use of force, the threat of force, or the threat of legal coercion (i.e., suffer legal consequences unless compliant with demands made upon them) which is sufficient to compel service. In Bailey v. Alabama (1911), the U.S. Supreme Court ruled that such peonage laws violated the amendment's ban on involuntary servitude.
It he doesn't fully pay what's ordered it is extorted from him by jail, denial of travel, denial of licenses to work, denial of a car license, and other coercive tactics including seizing any property he has at any time. (The state even ignores the prohibition of debtor's prison despite those debtors freely contracting their debt without coercion!)
The U.S. Supreme Court has said, "For, the very idea that man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself." Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886).
Even the famous Black's Legal Dictionary defines "free" as: "Not subject to legal constraint of another. Unconstrained; having power to follow the dictates of his own will. Not subject to the dominion of another. Not compelled to involuntary servitude.
Clearly noncustodial fit fathers who are unconstitutionally denied their right to parent their children and then unconstitutionally put into involuntary servitude to the state are not free by any measure of freedom.
*Stop Slavery and Demand Parental Rights:
All extorted payments from fathers or mothers must stop. Only equal parental rights for fit parents is constitutional. Each must be permitted to parent their child alone if they so choose. No one should be made a slave under the guise of a greater good excuse and euphemism.
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