- Posted May 21, 2009 by
- THE FATHERS? RIGHTS MOVEMENT ?MAMA?
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- Upcoming Hearings, Shared Parenting Updates, Great Research You Can Use, The Supreme Court Hears a S
Family Injustice chronicles individual accounts of abuse, bias and injustice by Family Court in Sacramento, California, and across the USA.
The 14th Amendment of the Constitution assures that no State shall "deprive any person of life, liberty, or property, without due process of law." Family Court routinely deprives citizens of their children and assets without due process. Men are evicted from their homes without a hearing. Family Law enables the court to violate citizen's rights under color of law by using the subjective "best interests of the children" as the overriding principle.
The Court has held that the deprivation of fundamental liberty rights 'for even minimal periods of time, unquestionably constitutes irreparable injury.' --Elrod v. Burns, 96 S.Ct. 2673; 427 U.S. 347, (1976).
Family Court is in the business of destroying families, because that is in the "best interests of the judges, lawyers, district attorneys, social workers, bureaucratic police and many others" who earn their living off of the "divorce industry." From the moment one party files for divorce the state offers no provision for the other party to attempt to resolve misunderstandings and save the marriage. The filing party is advised by their attorney to have no direct contact with the other party -- under threat of a domestic violence "harassment" charge -- thus assuring any misunderstandings will persist throughout the divorce process.
Domestic Violence is a criminal act. But Family Court has jurisdiction over many issues of domestic violence, such as issuing restraining orders. Restraining orders limit liberty and entail losses of civil rights that should only occur upon a "due process" conviction of a criminal act.
Family Court does not assure that rights and liberties are protected, and there is no recourse in family court when one's rights are violated. There is simply no concept of "wrongful" or "punitive" in family law.
Family Court can and often does ignore acquittal in criminal court, proceeding to make it's own determination that domestic violence had occurred anyway. This is "double jeopardy" in an environment where the accused lacks many "due process" protections.
Legal Definition of "Domestic Violence" in California (the "dirty little secret")
Feds bribe Sacramento to implement mandatory arrest policy
Does Family Court cause domestic violence? Remember "Trading Places"?
DADS Against Discrimination - Domestic Violence Links
The restraining order process too often is used as a tool to go after someone -- rather than for its intended purpose as protection. As a result, the person who sought the order gains a tactical advantage, often in child custody cases.
Advice from Attorney Paul G. Stuckle - Plano Texas
- A Criminal Defense Attorney's View of the Family Violence Industry (pdf) Defending against Domestic Violence Charge - Key reasons why you should never plead guilty, and other tips.
- A Criminal Defense Attorney's View of False Child Sexual Assault Allegations (pdf) As the accused you will be presumed guilty and denied basic Constitutional Rights at trial. How to prepare a vigorous defense.
One might think the amount of "child support" is based on some analysis or claim of the actual costs of supporting the children. One might also think that wages are only garnished if a person fails to pay willingly.
In both cases one would be mistaken. Child support is not based on the actual costs of supporting children, but rather upon an arbitrary formula as a percent of wages: 25% for one child, 40% for two.
Further, child support is garnished from wages by the state regardless of whether a person was paying willingly and on time or not.
If an obligator falls $5000 behind -- three or four months -- regardless of hardship or whether the lack of payment was impacting the children, he becomes a felon subject to arrest and incarceration.
There is a double standard where the state compels a divorced father to support his family at his "maximum earning capacity" -- even while incarcerated -- but there is no such expectation or enforcement of fathers who are married.
Download a demo of Dissomaster, which California Family Courts use to determine child and spousal support. It is fully functional except that it locks the husband's income at $5000 gross per month.
Click here to see examples of Dissomaster support calculations.
Highlights the complexity of support calculation. For example, IRA interest considered "income" even if the non-custodial parent doesn't withdraw the interest and the family never relied on their IRA interest to support their standard of living while they were married. (In fact the mere existence of an IRA suggests that the family was not using their entire income to support their "standard of living" - a common scenario which guidelines fail to accommodate.)
California Code 4055 Guideline Support Formula
The injustice of imputing income
Article: California USDA Child Support Guidelines are based on Flawed Studies - Kim Berry
They advocate hiring a "forensic accountant" to overcome the "guideline presumption." (I'm skeptical, since the measure isn't "justice for the father" but rather "the best interests of the children" - e.g., "As much money as possible.")
Child Support Analysis Website - by Mark Rogers, economic consultant and child support expert
"The time has come for someone to speak in defense of 'deadbeat dads.' Divorced or separated parents who do not pay child support have been taking a beating from everyone, including the President.
... A few years ago, Jeffrey Nichols made headlines as the nation's Number One deadbeat dad with arrearages of $500,000. Making $160,000 a year at the time of his divorce, he was ordered to pay $9,000 a month ($108,000 per year) in support. After taxes, Mr. Nichols' $160,000 income would just about pay his support obligation. He fled...
California Supreme Court "Simpson" Case - An important decision which limits family court's ability to impute wages when the "earning capacity" is based upon unreasonable demands.
Paying for Someone Else's Baby! (Paternity Fraud) - The injustice of family court is apparent by their policy of forcing men to pay child support even after DNA conclusively proves he is not the father. Analysis at Paternity Information Page. This crime can easily net over $100,000, but is rarely prosecuted. DNA Diagnostics Center performs 3 out of 4 paternity tests.
Georgia Guideline Support Formula ruled Unconstitutional - Follow links from the homepage for the extensive research behind this decision.
Family Court Services (FCS)
In practice custody and visitation are not determined by judges but rather by counselors in FCS.
Child Protective Services (CPS)
Although CPS is not a part of Family Court, it is often involved in custody and visitation disputes. CPS operates under a cloud of secrecy where a parent can lose their child without the "due process" opportunity to obtain and respond to the information on which the action is based. An organization called CPS Watch chronicles these abuses.
Dean Tong hosts Abuse-Excuse and has authored "ELUSIVE INNOCENCE: Survival Guide for the Falsely Accused," which addresses both unfounded/false allegations of child abuse and false allegations of domestic violence.
Personal Accounts of Abuse and Injustice
JW has been denied custody of his child for the past ten years. The State would not explain to him why it placed his child with the mother's sister rather than with him.
FH was assaulted several times by his ex-wife. In each case the police did nothing except warn him that if she ever "breaks a fingernail" while swinging at him, he will be arrested.
The system consistently rewarded his ex for her false allegations. He has spent 70% of his income into the system for the past several years just to maintain visitation with his son.
CF was a NYC child welfare worker who was retaliated against for attempting to keep families intact rather than breaking them apart. CF claims the city and private individuals within the city had a financial incentive to place children in foster homes.
CT chronicles the problems her husband had when the DA falsely claimed that his ex-wife had been on welfare. The DA's office was belligerent and uncooperative, stating, "if you don't like it take us to court."
After taxes and child support he is left with only 23% of his $66,000 income. Now his ex-wife is trying to further reduce his visitation so that he will have to pay even more.
Female victim of PAS (Parental Alienation Syndrome): Two false abuse accusations to CPS, a court-ordered 730 pysch. evaluation, consultation with countless therapists and spending tens of thousands of dollars in legal fees, and still her stepson is completely alienated from her.
Ex-wife commits felony and contempt of court by moving with the children from North Carolina to North Dakota, thus making it impossible for LR to see his children on weekly visitation. Family Court did nothing. He finally conceded defeat and moved to North Dakota, where he is still fighting in Family Court for his once-per-week visitation.
Wife got pregnant by another man during a long separation in 1983, which she acknowledged in divorce court in 1988. He was granted joint custody and visitation, but ex-wife violated this order and never let him be part of her life. Then 12 years after the divorce in December 2000 Family Court ordered him to pay child support and garnished his wages.
This account is long - set aside 30 minutes. It chronicles how Kent's relationship with his girlfriend began, resulted in children, and ended - with the usual false restraining order. At a five minute hearing in which his witnesses were barred from entry testify, the judge issued a lifetime VAWA restraining order against him, prohibiting from having any unsupervised contact with his children, and forever restricting him from owning firearms. In spite of his name on the birth certificates, the judge ruled that, because they were never married, he had no rights to visitation or custody until he provided "proof of paternity." Yet the judge must have found some evidence of paternity because he then ordered child support at 65% of Kent's earnings.
For a moment I felt that I knew what it was like in 1940s Europe, the authorities had come to my house with no evidence of any wrong doing and forced me from my very own home I alone had totally paid for...
...I had emails written by my wife to her friends describing how she had hit or kicked me, video tapes of her aggressive, abusive, threatening physical behavior... But, conveniently, after she reported me I was not allowed into my house to retrieve these things before the court date. The result of me even being near my own house would be an arrest and a felony conviction.
Court orders man to pay for college for his adult child, on threat of incarceration. 600 have signed the petition.
Woman initially loses custody of her child, faces false accusations, and finds the road back to the truth long and difficult.
Court grants custody to girlfriend's father without the knowledge of the biological father..
There are many discussion forums on the web.
James P. Reape - Forum hosted by divorce attorney
Yahoo - Family Wars
DivorceNet - Chat and Interactive bulletin boards
Delta Bravo - Father's rights to custody (message boards)
Yahoo - Dads in Family Court
Organizations in Sacramento
The following organizations conduct a combined meeting the second Tuesday of each month at the SMUD Building in Sacramento, Highway 50 at 65th Street exit, at 6:30pm. The meetings are open to the public.
Coalition of Parent Support - Has a Sacramento Chapter
The Coalition of Parent Support is a state-wide, California political organization for those who believe that children do best when they have a healthy relationship with both their mother and their father. We believe in joint custody and shared parenting after divorce, reasonable levels of child support, and individual responsibility. We are concerned about the the media's zeal for portraying fathers as deadbeats and about the eagerness of government to get involved in families when their intervention is not required or constructive.
Children's Rights Counsel - Has a Sacramento Chapter
Works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status.
California Alliance for Families and Children (CAFC) - Sacramento Activism
Supports Michael Robinson in his efforts to bring fairness to family law legislation.
Essays and Articles
Why I undertake this sort of advocacy - outstanding essay on Family Court Injustice
"The family court system is unjust and wrong. It is unconstitutional, does not obey the precept of due process, and it is impermissibly biased against men. This system removes civil rights from men and children every single day, without prior adjudication of fault, and without, in many cases, even a right to confront the witnesses against them."
In March, Darrin White of Prince George, British Columbia, was denied all contact with three of his children, evicted from his home and ordered to pay $2,071 a month out of his $2,200 monthly salary for child and spousal support. . . . In March, White hanged himself from a tree near his home. No evidence of any wrongdoing was ever presented against him.
"There is nothing unusual about this judgment," states former British Columbia Supreme Court Judge Lloyd McKenzie, who pointed out that the judge in White's case applied standardized guidelines for spousal and child support. Essentially the same guidelines are used in the United States and many other countries, with similar consequences.
Fathering Magazine - See "Child Support" and 1995-1999 Article Archives
California's Guideline Support often exceeds what many middle and lower income parents can afford and fails to consider the affordability of the non-custodial parent. This article explains how Robert Williams first advocated for the incomes shares model, and now personally profits from its consequences as CEO of a company that tracks "deadbeat dads." The article cites the numerous flaws in guideline calculations.
The Child Support Guideline Problem - by Roger F. Gay, MSc and Gregory J. Palumbo, Ph.D
"Precise" is not synonymous with "just" or "appropriate". To produce valid results ("just and appropriate" in the words of the Family Support Act) successful testing is required... It was disconcerting to see how quickly very simple child support formulae were accepted in the states. Even more so because their simplicity was given as one of their major selling points. Federal law (and the Constitution) require a just and appropriate award in each and every case.
"Second Wives" observe that guideline support is excessive, thus creating an economic incentive for one of the parents to exclude the other parent from the child's upbringing. Parents are now more likely to fight for sole custody at the expense of the best interests of the children. For example, it is standard practice for an attorney to warn a sole custody parent to limit contact between the child and the other parent or risk a reduction in child support award.
If child support was set at a fair level, a parent would be, at worst, economically indifferent as to whether the other parent saw the child. [The resultant actions of litigants are compelling evidence that guideline is too high.]
ONLINE BOOK: Suffering Patriarchy - by Robert Lindsay; Cheney Jr.
This book is the culmination of my 16 year-long struggle with a government and court system which insolently refuses to give Fathers their own children, as mandated by American law. This book is an open, factual, and public indictment against a perverse system of government, courts and the feminists, whom have captured control of our nations courts and usurped this nations laws...if not the outright operation of Government itself.
Looting of America - Civil Asset Forfeiture
How over 200 Civil Asset Forfeiture laws enable police to confiscate your home, bank accounts & business without trial. by Jarret Wollstein
The Death of Due Process - By Peter Brimelow, Forbes Magazine
"Vanilla Ice" arrested for Domestic Violence - (January 2001)
Miami Mayor arrested for Domestic Violence - Claims police fabricated evidence (February 2001)
Stone Temple Pilot's singer arrested for DV in Vegas
There were cuts and bruises on his head. He tried to leave the room but his wife physically blocked him. He was arrested (Nov 20, 2001)
Links and References
California Codes - all family law statutes
Sacramento Family Law Website - select "Family and Children"
This is an outstanding site with many articles about the abuse of restraining orders and charges of domestic violence. It is centric to Colorado, but the same situation exists in other states and nations. Colorado laws originate from the Federal Violence Against Women's Act.
Alliance for Non-Custodial Parents Rights (ANCPR) is dedicated to promoting and protecting the civil rights of non-custodial parents. This site can help you fight back against a system of Family Law that is stacked against non-custodial mothers and fathers.
Discussion forum, Extensive links and legal links for all states, proposed Resolution, "Constitutional Rights of Parents" (must read).
The R-KIDS Legal Action Committee has commenced suit in the United States District Court of Minnesota to strike down the Minnesota Battered Women's Act because it discriminates against men. This action has important repercussions nationwide. The complete complaint is online. They cite the abuses:Ex parte Orders for Protection are orders signed by a judge upon application of a complainant without notice or hearing provided the accused. The order is often used to drive a man away from his home and family by force. This is normally coupled with a motion for a temporary award of residency of the couple's home and custody of their children.This website has good "Links" as well.
The label of "wife beating brute" then accompanies (the husband) to subsequent dissolution proceedings and the label of "absent parent" is used by county IV-D agencies to justify their intervention and establishment of an administrative child support order under the color of law. The resulting presumption against joint parenting is rarely overcome.
PICSLT Child Support Guidelines Index - Links to good articles and studies.
Of the "income shares" support model used in California:
Income-Shares: Another incomplete model -- what might also be called "mothers' revenge." The relationship between established child support award principles and the calculation were eliminated. A direct counter to cost-sharing, the only consideration in the Income Shares model is that of attempting to guarantee the custodial parent a standard of living similar to that she might have if she chose marriage rather than single parenthood. The Income Shares model is not based on any rational principles for the award of "child support," nor does it have any valid economic basis.
As we know it today, the Income Shares model was developed by a child support collection entrepreneur (Policy Studies, Inc.) making use of ideas that had been developed in a political movement to increase alimony. The theory in relation to the interests of collection agencies is that the more that is awarded, the more that will become past due (related to unemployment or any other cause.) Because most collection agencies work on percentage, this increases their profits.
SupportGuidelines.com - Explores the legal challenges to guideline support
Family Law Today (Jim Reape) - Good summaries of legal decisions, and discussion forum
DADS Against Discrimination - Testimony on child support bill.
This "first well-documented challenge to the child support guidelines" is a must-read: it can be used by every non-custodial parent to challenge any court-imposed child support based on guidelines.
- The entire arena of Family Law has become a domain of Constitutional violations and usurpation of civil rights. What a normal person would consider a Debtor's Prison has been instituted.
- Many "deadbeat" dads are just plain "dead-broke". They are humiliated and bankrupted by a system that hides "alimony" in child support payments, making it "profitable" for women to divorce.
- One man who earns $70 a week as a street musician is in jail now and will NOT be allowed to get out unless he can come up with $28,000
- A father in Canada (a country with similar custody policies and child support "guidelines" as the US) recently killed himself after being ordered to pay TWICE his income in support payments.
American Bar Association - Family Law Section (ABA is powerful influence on laws)
Fathers' Manifesto - Class Action Suit
What you will see here will not only shock you, but it will prove, that these courts are extrajudicially acting completely OUTSIDE THE RULE OF LAW. They are out-of-control, and nobody and nothing is stopping these madmen. These courts are bought off, and corrupt; FEMINIZED institutions, which are enslaving, disenfranchising and ruining men (fathers) for the purposes of profit and reward...
Ground Zero Services - Reform of Custody and Support laws
Restore Liberty - See Chapter 6 "Pogorms and the Police" and "Involuntary Servitude Case Summaries" found in the "Legal Fiction and the Development of American National Socialism" area at the bottom of the home page.
Doc Tiernan's Divorced Dads' Rights Page - Petition to Reform Family Courts
Committee For Judicial Ethics is devoted to investigating and publishing corruption in Johnson County, Kansas.
The following UN treaty suggests that U.S. Family Court's mantra of "best interests of the children" is a directive from the UN:Article 3Perhaps this is the basis for imputing income to "earning capacity":
1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.Article 27
2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development.
Letters to Representatives
To Senator Poochigian - SB 1376 - Inheritance as Child Support
To Senator Ortiz - General Family Law injustice questions. Kelly Patterson of Senator Ortiz' office set a meeting on April 12th, 2001 with Sara McCarthy of the Health and Human Services
Committee. I felt the meeting was productive and that Sara was willing and capable of assuring that my concerns are considered in future family law and domestic violence legislation.
Letter to Assemblyperson Helen Thomson from Sacramento Resident Dwain Barefield concerning the inequity of spousal support when no children are involved, and the injustice of Family Law in general.