Fundamental Rights Denied Fathers Who Owe Child Extortion Payments
Posted: Friday, January 28, 2011
by Shane Flait
EasyRetirementKnowHow
Extortion faithfully reflects what court-ordered child support payments really mean, how they're implemented and how they're enforced. Children are used as pawns by the state, the courts, lawyers, and many single mothers to extort money from fit and willing fathers who firstly are denied their children and then most other fundamental rights. Here's the scoop.
Under divorce or paternity suits, family courts overwhelmingly deny 'the father' of the child his constitutional right to parent his child. Parenting means caring for, living with, developing companionship with, directing choices for, controlling the behavior of, and directly supporting his children.
Family courts ignore constitutional requirements to prove a father is unfit before denying such a fundamental right. And of course, the court doesn't care about a father's equal right to his children based on equal rights law. It simply asserts that it has authority to control you and deprive you of your child since 'it' knows better about what's best for your children.
Incidentally, it doesn't and has no right to such authority over fit parents either. The damage to children that court-instigated fatherlessness produces is extensive. That's another story.
But somehow the mother retains all her parental rights as she's typically assigned sole physical custody of the child and often sole legal custody, too. Shared or joint legal custody with the father implies that they both parents can together decide on issues of education, religion, medical, and extra curricular for the child. But operationally if he disagrees with her, his opinion is ignored; he may even be denied legal custody for not agreeing. Shared legal custody for the father is a sham to make him think he has some rights - which operationally he doesn't.
Because the fit father is unconstitutionally denied his right to parent - including directly supporting his child - the mother will receive a court-awarded entitlement of about a third or more of the father's gross weekly income for whatever she wants to use it for. This entitlement is euphemistically called child support. But no law states that it must be used for your child.
The court relegates the father to a visitor status - called 'visitation' - where he can see his children perhaps every other weekend. Such a circumstance fosters a 'distant' relationship and with mother-alienating instigations, it produces the eventual no contact that a quarter or more of separated fathers have with their children.
*Denied much of his income for extortion payments:
So with his children unjustly denied to him by the court denying his parental rights, the father is forced to make payments that under the circumstance can only be characterized as extortion payments. And, if he can't pay these often exorbitant orders¸ the court and the child support enforcement agencies of his state and the federal government will deny him more of his fundamental rights. And what rights may those be?
First and foremost, the family court can find the father in contempt of court if he hasn't paid all the child support ordered. This usually is called a civil contempt judgment since its purpose is to coerce the father to pay up or go to jail.
Since going to jail reflects the complete termination of his rights, the process for finding him in contempt implies constitutional requirements. But they're generally ignored by the family court which is no surprise since they were ignored when denying his parental rights that put him in this circumstance.
Under civil contempt the father is typically sentenced to jail for 1 to 6 months. But he's let out if he pays. Generally he doesn't have the money, but often asks a parent or friend to pay it. It's clearly an extortion process. He can never pay back what he borrows since the child support payments are so high that they leave him broke or destitute, in the first place.
*More rights denied:
Additional denials of his rights are carried out by his state's child support enforcement administration. The agency is informed of an arrearage due (what he owes). It then arbitrarily can deny the father:
1. the use of his driver's license, and
2. Any state license necessary to practice his work in the state, and
3. His state income tax refund
With the help of the federal child support enforcement agency, the state agency can then request that the father be denied
1. Any federal tax refund due him, and
2. His passport to leave the country.
All of these denials take place with no constitutional due process and often no due process of any kind. All that is required as that there is an arrearage - i.e. child support (extortion) owed by the father as recorded by the state's department of revenue, child support division.
These denied rights are integral to your liberties - your right to life, liberty and pursuit of happiness. U.S. case law abounds with unconstitutional infringements on your right to travel and your right to work.
These denials of fundamental and equal rights of fathers represent nothing short of tyranny. Those people, lawyers, state agencies and affiliates that live off fathers so unjustly denied their rights, also live off those fathers' children too. The damage to those fathers, their children, families, and freedom stems from the greed of many. It must be stopped.
Learn the truth and what liberty means.
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