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RESOURCES - SINGLE AND DIVORCING PARENTS

« Prenuptial Agreements | Are they Worth the Cost? | Main | Jurisdiction to Enter Child Custody Order | Prior Order in Another County »

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The story below is from a dad that says he actually cared for his children for several years. The child support agency knew, but essentially, declined to act in the best interests of the children by adjusting the support order. (Yes this is just a story, but trust me, it's not the only one like it).

http://www.ripoffreport.com/attorneys-legal-services/friend-of-the-court/friend-of-the-court-cass-count-41C32.htm

The children go back and forth, and in the end, the agency says dad owes a lot of money for mom, based on the claim that he never cared for his kids.

So yes, he could have neglected his own children to send money to mom, and he could have focus first on the child support agency's order, even if his children were harmed in the process. Compliance wasn't impossible, so I guess he's a felon under the strict liability statue.

But is this in comity and consistent with federal law? Or is the term "custodial parent" and "best interests of the child" simply whatever the Friend of the Court says they are? Are the needs of children simply whatever they determine? Or are children and parents actual living and breathing human beings with rights and dignity?

The simplest solution in my mind is to educate the population about how jail for child support = debtors' prison, which is wholly unconstitutional in the US.

It's a long-shot, but until people jury nullify by default and start standing up to DA's who are prosecuting people for felonies stemming from non-payment, nothing is going to change. Well, not until women are the ones being hit with these draconian unconstitutional sentences, at which point the women's lobby will start moving on this.

Again, a very good article that I can share with my clients. But that raises a question about their inability to pay an attorney if they don't have the income needed so an attorney can assist them with a defense of "impossibility to pay." Especially if they are mentally ill and cannot hold down a job because of their mental illness, which is often the case with my clients who are filing for Social Security Disability.

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