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Saturday, August 9, 2008

INCARCERATION FOR CIVIL CONTEMPT IS INAPPROPRIATE


The demonization of noncustodial parents is used to justify all manner of inhumane treatment for those who owe child support. Sylvia Folk, a noncustodial mother, testified before Congress that she was incarcerated for seventy-two days for nonpayment. The judge candidly acknowledged his awareness that she lacked the money to pay but vowed to, and did, hold her until the ransom was paid by her church. As cruel as it sounds, the one remedy that almost always works is incarceration. Family court judges call it "the magic fountain."... For a destitute person, civil contempt is an inappropriate remedy to secure payment of a child support obligation: the party cannot be coerced into paying child support that instant, because she has no funds to pay it. Under such circumstances, incarcerating the appellant, and other destitute child support debtors similarly situated, serves no purpose at all. Tennessee's Court of Appeals lags behind the courts of our neighboring states in recognizing this fact.

The civil contempt in so many words should not have been a valid reason to hold that person incarcerated for 1 day or 1 year... When does the non-custodial parent have rights if they can not pay child support? Over and over Child support courts violate parents rights claiming that they are doing it for the protection of the child, what happens if the womans family or church could not have raised the money? After 1 year do they release her? Five years or 10. Those courts should be liable for violating that person civil rights!

Fugitive caught because he paid child support



Police arrested a fugitive wanted for selling drugs in Hoboken ... after they found him through child support payments.
Johnny Aviles failed to show up for his sentencing in 1995 after he was arrested for selling drugs in Hoboken. Aviles' arrest came as the result of an undercover drug sting in a Hoboken public housing complex; he was later indicted on charges of aggravated assault, resisting arrest, escape and various other drug charges.
Aviles remained a fugitive for the next 13 years, until police found him yesterday in Bethlehem, Pennsylvania. Investigators had tracked him down through child support payments he had made to a woman in Hudson County.

Monday, August 4, 2008

Sperm donors required to pay child support?



Just saw a little feature on this topic on Good Morning America, but a quick trip around google shows this isn't breaking news. Matter of fact last year in Pennsylvania a court ordered a man to pay child support to the lesbian couple that used his sperm after, get this, the couple broke up and one of the women needed help to pay her own court-ordered child support. And in this case from last year a man who had a relationship of a "patriarchal nature" with the child, was forced to pay child support conveniently around the time the child was set to enter college. I'll have to google around and see if, in the same spirit, women now have to have the father's approval before having an abortion.Moreover, the Good Morning America report said this is holding true even for anonymous donors, in cases where the mother needs help paying her own or her child's medical bills or, for the time being, other extenuating circumstances. So a woman can decide to impregnate herself and can then proceed to shakedown a stranger for money? As if being a husband and/or a father weren't a dangerous and financially risky enough proposition nowadays.
So is this the nature of how men will be treated? No respect?

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