A fugitive people within a nation is tyranny.

Archive for the ‘family rights’ Category

Father’s Day – Money Is The Measure, Not Freedom

by J. Greene

dad-and-sonMen have been honestly caring for their children from the beginnings of civilization. Some have not, including mothers. It has always been that way. We don’t live in a perfect world. Enter the modern state in all its’ wisdom, where all people are expected to tolerate a state-controlled legalized extortion racket because children are the future – but mostly for benefit of the state. The state even routinely combs through bank records in the eternal vanity of finding a few stray bucks from those that dare to evade child support collection. It’s an old game whose influence has steadily increased since the free love movement, when rancorous feminists began burning their bras and politicians saw the political cache they could achieve through social manipulation. As a result, the real role of fatherhood and the definition of a family has been continually cheapened.

stress single motherIn the corporation known as the United States, the system routinely oppresses fathers, while offering poverty support to single and divorced mothers (and some fathers). They have also been oppressing the taxpayer as well, hoping and pretending to bring in more than they spend, even as they send state corporations double their child support collections. Only the light-headed politicians of the United States would think to do such a thing. Of course, these are the same men and women that fund operations as the “policeman of world” while playing “Uncle Sugar” to the world. They even continue to send China a regular stipend because of its’ poverty, while running a burgeoning deficit that the children of the future are expected to pay. This is obviously unsustainable, despite the fact that they indirectly operate the printing presses that prop up the reserve currency of the world. In fact, this is the only reason that the lawmakers that rule “Uncle Sugar” can continue to operate as they have. The nation as it stands is living on borrowed time.

Since money is the measure in the propaganda that is cast about, you’ll find that fatherhood is measured the same way. This is no surprise in a nation mesmerized by the illusion of wealth. Social scientists at Johns Hopkins have decided that low income fathers purchase a relationship with their children.

baby money“They want their kids to look down at their feet and say, ‘My dad cares about me because he bought me these shoes,’” says a co-author of the study in a press statement. “We need to respect what these guys are doing, linking love and provision in a way that’s meaningful to the child. The child support system weakens the child/father bond by separating the act of love from the act of providing.”

Yet, the child support system plugs along mercilessly despite a nation of earners that has not truly recovered from the economic debacle that eclipsed in 2008. Untold millions have been crushed, merely grist for the mill of poor governance. Republicans claim that we must find a way to be fiscally responsible, while supporting the current child support system that imprisons the nation. This is a lie pressed to ignorant people. They simply support the status quo with the illusion of conservative values. Their buddies are merely more “progressive.” Meanwhile, the men that give their blind consent can choose to pretend they are purchasing the adoration of their children, as these social scientists say, or they can realize the truth.

mom-stressThe family is only a family as long as the family unit is together. Once breached by rejection, separation and divorce, a family is not a family at all – especially outside of a committed relationship. That a single mother and her child is a real family is also debatable. The “wise men” of the nation have simply continued to revise the definition of the family to suit their needs. That is the deeper reality that the state would have you ignore to your continued peril. It benefits them for you to believe as you do.

It has been posited that the “Founding Fathers” would turn over in their graves if they were able to know about the ongoing debt slavery and legalized human trafficking that is the United States. I think not. These men were fully aware of the hypocrisy that “America” was built on. The governance of the nation has profited from the slavery and oppression of others from the very beginning with little apology, or admission of error. The lawgivers have even reconfigured the corporation to enslave for personal advantage. Robber barons everywhere continue the public plunder under the pretense of propriety and a kind face when it suits them. Your consent is your ignorance. Even governance is just another corporation. They seduce “the people” with infrastructure and social trinkets. The propaganda machine has continued to eject that notion that the nation is a democracy, the “land of the free.” Who the “free” truly are is for you to decide.

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State Takes Child Support for Dead Wife

from Channel 9 WFTV

state-unlawful-child-support-Hernandez-FloridaWell after the death of Dave Hernandez’s estranged wife Michelle, the state continues taking child support money from his paychecks. It is doing that despite the fact that his four sons now live with him

Nearly four months after Hernandez gave the state a copy of his estranged wife Michelle’s death certificate money is still being taken from him.

“The answer that I would get from them was, ‘We’re going to continue taking the money out until this case is closed,'” Hernandez said.

Hernandez said the state is taking more than $800 a month from his checks.

He said the loss of that money is making it difficult to care for his children.

“It’s been pretty rough. It’s been rough,” he said.

The state owes Hernandez nearly $3,000. Hernandez said $6,000 would be a more realistic estimate. He said it is money he needs to buy food, clothes, and beds for the boys.

“The way they treated me was really bad,” Hernandez said. Clearly, the civil rights of this family have been violated. Will the state repent?

Any of you want to get on the band wagon with the state of Florida? Have a go!

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Obama: Church Shouldn’t Focus on Protecting the Unborn & Marriage

by Barry Silver

666 the prezA couple of weeks ago President Obama took part in a panel discussion on poverty at Georgetown University where he launched into an attack on the focus of the Christian church in America. I’m not certain what makes him an expert exactly. I know he claims to be a constitutional law attorney. Funny though, the prez and the first lady were both attorneys, disbarred by the State of Illinois. Why is an attorney disbarred? An attorney is disbarred because of conduct unbecoming. It’s like being a soldier and being dishonorably discharged.

obsequious moderatorThe prez said that his comments were based on his “own Christian faith.” The panel was moderated by a famous Washington liberal, so the panel gravitated to praising the left while attacking the right when it comes to poverty. No discussion was made about the disparity in charitable giving between red and blue states, but simply to the fact that conservatives didn’t believe the government should be used for charity, while the left believes the government should be the main source of charity. Obama criticized churches for how they engage politically, focusing on “divisive issues” such as protecting life and preserving marriage.

“The president argued last week that churches would gain more followers if they embraced the “powerful” idea of helping those in poverty. “I think it would be powerful for our faith-based organizations to speak out on [poverty] in a more forceful fashion,” he said.

The president also said that advocating the redistribution of wealth is “vital to following what Jesus Christ, our Savior, talked about.”

More often, he engaged in double-speak like this:

“When it comes to what are you really going to the mat for, what’s the defining issue, when you’re talking in your congregations, what’s the thing that is really going to capture the essence of who we are as Christians, or as Catholics, or what have you, [poverty] is oftentimes viewed as a nice to have, relative to an issue like abortion.”

homelessThe ignorance of the president knows few bounds. To imply that ending poverty should be of greater concern to Christians than ending the holocaust of innocent lives through the eugenics of abortion is repulsive. All you hear liberals talk about is human rights until it comes down to actually considering what those rights are. Essentially, the unborn have no rights because they don’t have the capacity to vote.

burningrightsinternetMen don’t have rights either. They can vote, but they’ve been emasculated unless they want to tow the Washington line. The state can rob and plunder anyway it pleases. It sees itself as Robin Hood, especially as the champion of the children that it wants to own. It does this fully through single mothers. It champions the Bradley Amendment. It robs from parents and tolerates the church – for now. Government wants your faith. The church is simply poor competition. By deduction, Christians are pains in the arses to compete with the state in any way. Prez knows best.

dad-slaveryAs far as same-sex marriage goes, homosexuality is just another sin, conveniently listed among those sins, of which Yahweh says that no man or woman will enter His Kingdom. Many churches are already on a wide road to destruction according to scripture, but that’s another topic beyond the stupidity and corruptibility of American leaders and obsequious stone-headed church leaders. What a real Christian would best do isn’t covered much in public.

A Welfare Nation Created by Broken Homes

by Marshall Frank

Insanity definition: “Doing the same thing over and over and expecting different results.”

kangaroo courtIn a perfect world, all children would grow up in secure, loving families with a mom and dad, good role models and plenty of love. Alas, the world is not perfect. And the less perfect it becomes, the worse it is for all of us, not only those who are trapped into despair, poverty and neglect.

Kids who come from broken homes are lucky to have parents who still talk to each other, who love and care for the child, and who support, educate and meet psychological needs. Too often that’s not the case. Some fathers abandon their duty-bound responsibilities. Why? Because they can.

dollar bondageA 2012 study of deadbeat dads, aired by CNN, indicates that $100 billion a year was owed in unpaid child support. Taxpayers pick up the tab for nearly half that amount in the form of non-reimbursed welfare. Mothers comprise 82 percent of the custodial parents in broken home situations. Child support payments represent 45 percent of their income. Single mothers with multiple kids rely mostly on welfare for total income.

Recent studies show that 1.6 million babies are born to unwed mothers every year. Among blacks, 73 percent of new babies have no father at home, leaving mothers to bear the burden. For Asians, 17 percent; Whites, 29 percent.

It’s not only about financial support. Spin-off problems can be worse. Sure, it’s important to clothe and feed children, but needs go beyond physical welfare. It is equally important to develop kids into well-adjusted youths who do not turn to the streets for negative love and attention outside the home.

child abuseAye, there’s the rub, the unseen, unmeasured consequence of dysfunctional or abusive parenting, or no parenting at all. Psychological damage to children can ultimately cost taxpayers far more than child support checks, particularly after kids reach puberty and engage in behaviors that land them in jails, rehab centers or county morgues. Meanwhile, taxpayers must bear the costs of fighting crime and trauma, not only within the justice system, but in emergency rooms, property loss, physical loss, lost wages, victimization costs and more.

johnson-amendmentWhat kids from broken families seek out in the streets is what they often don’t get at home: acceptance, attention, guidance and feeling important. Thus, the substitutes. Boys enter gangs. Girls sell bodies. Kids use drugs — to belong. Any mention of morality is laughable. And we pay for it all.

Street gangs are replete with stories about mothers who had multiple kids from miscellaneous fathers who never felt the need to be part of their children’s lives. The mothers get all the help possible from Uncle Sam. Moms are better off staying unmarried because the government is a sure thing, the dads are not. It’s a vicious cycle.

When you hear about aberrant teens, violence and gangs, remember that most of these kids never had a chance from the moment they were born. Many were born of dysfunctional teens themselves, grossly unprepared for motherhood. They never learned how to parent because their parents were just as dysfunctional.

The Great Society of President Lyndon Johnson, it seems, has backfired. It was all about expanding welfare. From 1965 to 2008, according to Forbes, $16 trillion had been appropriated for welfare programs for the poor. That’s increased another $2 trillion since. Johnson may have meant to eliminate poverty, but it created a dependent society instead. When Johnson was president, more than 75 percent of black babies were born with fathers in the family. Dads stayed home to help raise kids. Not today.

Meanwhile, we continue to hear the same old drumbeat about the need for government to spread the wealth and take care of the poor. Seems that hasn’t worked very well.

I guess we must be insane.

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How the US Legal System Screws Poor Parents

father-child-in-prisonA system full of flawed logic that winds up hurting children more than it helps them.

by Wendy Paris

Walter Scott wasn’t just a black man in America shot by a police officer; he also was a divorced father. While debate rages about excessive use of police force, his death points to another troubling practice—the incarceration of poor parents for failing to pay child-support.

For the most part, these are not “deadbeat dads”; they’re dead broke dads. Seventy percent of unpaid child support debt is owed by parents with no or low reported earnings, according to the Office of Child Support Enforcement. Their ex-wives often are poor, too. For these families, our punitive child support policies function like a de facto debtor’s prison for fathers. This, at a time when divorce, more broadly, has dramatically improved for many. While family scholars and journalists voice concern about a growing “marriage divide”—the way that marriage has become almost a luxury good attained by the “haves” and eschewed or effectively denied to the poor—a similar sorting is happening with divorce and co-parenting.

On the one hand, celebrities such as Gwyneth Paltrow seek conscious uncouplings. Upper- and middle-class couples seeking divorce in the US benefit from ever-increasing psychological, financial, and parenting resources. The law itself has improved divorce for many. New legal approaches such as mediation and collaborative counsel can make filing itself a mutually uplifting experience. These forms of “alternative dispute resolution” help adults make good decisions for everyone in the family, and steer clear of the divisive, anger-escalating spectacle of family court. Divorce can be seen as another awkward life passage, one that generates laughs, as on Bravo network’s new show The Girlfriend’s Guide to Divorce.

kangaroo courtBut if a family finds itself in court, the system seems stacked against the poor. “Many states have two systems, one for married parents and one for poor people/welfare cases that are funneled through ‘paternity dockets’ where they barely get to say a word,” says Daniel Hatcher, a professor of law at the University of Baltimore and a prolific researcher of and advocate for child support reform. “It’s a tribunal that’s just about child-support and paternity. It’s crowded. Judges are jaded. They face huge case loads.” As the trend toward unmarried parenting continues, especially among the poor, these paternity dockets look to grow even more crowded, meting out rushed decisions to more families.

While in court, a non-custodial parent, usually the father, may have a chance to explain to a busy judge his financial situation—perhaps he’s unemployed and worried about falling behind on rent. In many states, the judge can decide that this father could be earning minimum wage, impute that income to him, and set a custody amount he must pay the mother of his child as a percentage of his potential (that is to say, fictitious) earnings.

great-child-support-incomeMaybe this obligation pushes him to scramble for a job. Perhaps it takes a few months. All the while, the child support debt has been accumulating. Now he has the monthly obligation plus back payment. (This is where the Bradley Amendment kicks in.) Some states terminate parental rights or throw a parent in jail or prison for back child support, or “non-compliance” with court orders. In South Carolina, the court can order the noncompliant father to appear to explain his delinquency, charge him $1,500 in the process, and jail him for up to a year. South Carolina is hardly an outlier. In Texas, a parent can be incarcerated even after he’s paid back his child support debt. (Texas is infamous for overcrowded courts, too. In one court in Harris County, Texas, a court master decided 500 paternity and child support cases in one day.)

Now the father is in jail; for some, like Scott, incarceration means the end of that great (or not so great) job. While in jail or prison, child support debt continues to mount in many states, some of which consider incarceration “voluntary unemployment.” In some states, you can apply for a child support modification while behind bars, but many parents do not know about this option, may find the process confusing, and may not realize their child support debt continues. Studies from a few states show that on average, a parent with a child support case enters jail or prison about $10,000 behind; he leaves owning more like $30,000. This debt is unlikely ever to be paid. The national child-support debt is more than $115 billion.

empty-pockets-robbed-court-orderIn South Carolina, if the non-custodial parent accumulates $500 in back child support while unemployed, the state can suspend or revoke his driver’s license as punishment. Say our unemployed father is a truck driver. Without his license, he’s lost his ability to work, and probably his sense of autonomy as an adult, and his willingness to cooperate with a system that’s working against him. As Scott’s brother Rodney told the New York Times, “Every job he has had, he has gotten fired from because he went to jail because he was locked up for child support. He got to the point where he felt like it defeated the purpose.”

Incarceration also prevents a parent from spending time with his children. Research from a variety of areas shows that when the non-custodial parent spends time with his children, he’s more likely to pay child support. Forty years of research on child development shows that children benefit from having a good relationship with both parents, or parent-type figures. Incarceration yanks a parent right out of a child’s life.

ebt-card-welfareIf a custodial parent—usually the mother—seeks Temporary Assistance to Needy Families (TANF, the program that replaced welfare) or food stamps, both parents are treated like bad children. The mother is required to name the father, establish paternity, and sue the father in court for support, even if they have an in-kind arrangement that’s working. The pursuit of child support can destroy relationships. The money, if he has it, often goes back to the state for supporting the brood, not to his children. Meanwhile, the dads who can’t pay may find themselves in jail or prison, unable to help mom in other ways, such as picking up the kids from school or throwing a ball around on weekends.

The logic flaw baffles the mind, and hurts the heart, especially since about half of the nation’s back child support is owed to the government. In many states, child support collected in the name of the custodial parent receiving government aid does not go to that parent. It goes to the government instead, to pay for the cost of the food stamps of TANF. “The idea is that if we’re supporting this mom, we should be able to go after the dad to recoup this cost,” says Hatcher. “The guidelines don’t really work for these welfare cases at all. Most policy is driven by discussion about cases where both parents are working, middle class families on up; you plug in both parents’ income and then transfer to the custodial parent. That doesn’t make any sense when the money goes to the government.”

How have we arrived at these anti-family policies?

captiveIn the 1980s and ‘90s, the notion of the “deadbeat dad” loomed large in the public conscious, in part because of one spectacularly flawed and widely-cited study—since retracted by its own author—that purported to show divorced mothers subsisting at a third of their former standard of living, while the fathers lived better than ever. For many custodial parents, child support is the road out of poverty. Much child support went uncollected, and enforcement policies were changed to improve the situation. Some policies worked; the Office of Child Support Enforcement today still publishes reports showing continued gains in money collected. Threat of jail was considered a good motivator for delinquent dads, and it may be in some cases.

When it comes to the poor, however, these policies can create more harm than good. Maybe some fathers refuse to pay out of spite, while some mothers actively want their children’s father behind bars, if he’s violent, for example. But as research from a variety of areas shows, most of these poor families are fragile relationships, perhaps begun while very young, both people harboring hope for a future of stability and cooperation, even reconciliation or romance.

scarlet-letter-adulteryOld ideology probably contributes to our current policies as well—a view of faltering families that’s about as enlightened as something out of The Scarlet Letter. In England, Elizabethan Poor Laws of 1601 authorized towns to sue fathers of unwed mothers to reimburse them for assistance provided to their children. Early “bastardy acts” allowed colonies to incarcerate pregnant unwed mothers to protect the state from the financial burden of the child. Today’s laws are not as different as you’d expect. Lurking underneath lies an entrenched view that fathers are the lazy enemies of their own families, and poor mothers, in some way brought this on themselves. (You see this kind of view in the comments section of a recent piece in Concurring Opinions by law professors Naomi Cahn and June Carbone on the child support link in the Walter Scott affair.)

Some of the resources benefitting middle and upper-class divorcing couples help the poor, too. Technology, for example, allows those across the economic spectrum to read about their state’s laws online and access forms without shelling out for a lawyer. Courthouses around the country now have staffed self-help centers to guide pro se litigants (a.k.a. the do-it-yourself divorcees) through the paperwork. Increasingly, lawyers offer “unbundled” services, a consultation on an hourly basis. Most states have parenting classes and workshops for divorcing parents. Surveys show, and casual conversation confirms, wide satisfaction with these workshops.

Scott-police-fatal-shootingBut unmarried parents as a group get fewer resources, and if one parent sues the other in court, the kind of Orwellian child support laws that dogged Walter Scott kick in across the states. The overarching principle is the best interest of the child (a legal myth), but this aim gets subverted in policies that hurt the whole family.

There are solutions, the most promising of which take a problem-solving, rather than punitive approach. In Virginia, child support enforcement workers have begun reaching out to employers to find work for non-compliers, rather than more jail time. The state also has retooled its child support guidelines and begun launching programs aimed at helping poor fathers improve job-hunting and parenting skills. Some states have experimented with assessing child support only if a non-custodial parent has a minimum reserve of income. States, including California and Ohio, have passed statutes requiring the exercise of discretion rather than automatically referring certain child welfare cases to child support enforcement services.

In Maryland, Hatcher has worked on legislation to allow the state to automatically disable child support arrears during incarceration. This reform passed, but is not widely enforced. Hatcher notes that one stumbling block to reform is poor communication between child support enforcement and the criminal justice system.

This problem of poor communication—long the dominion of marriage counselors—is one I’ve seen repeatedly in my own research on divorce. I’d assumed that bad divorces result from a dearth of good ideas, but found instead that there are creative, humane solutions coming from a variety of states and various disciplines— and abysmal communication of them. In divorce, as in marriage, good communication may be the best way to suture a gap.

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Man Forced to Pay Child Support for Kid Who Isn’t Even His

by Linda Fogarty

black-dadThere are a lot of good guys out there. Men who will step up to the plate and treat children who aren’t theirs as if they are their own. But, as one dad from North Carolina is learning after being told he has to pay child support for a child he didn’t father, some will take advantage of kindness.

Allow me to explain this somewhat complicated story. Randall Smith met, fell in love with, and married a woman shortly after he was hospitalized with lymphoma. Not long after their wedding, she came to him with some happy news—she was pregnant—hip-hip hurray, right?

Eh, not so fast. Smith had a vasectomy years before her announcement. We all know what that means, right?

Shocked beyond belief, we’re sure, Smith made an appointment with his urologist, who confirmed that he didn’t actually have sperm.

dollar bondageInstead of high-tailing it out of his marriage, he stuck around and showed he was more committed to his wife than most would have been if they were in this same position. He promised to raise the child as if he were his own, but says he also made it clear that if they ever split, her son would be her responsibility and he wouldn’t have to pay child support.

Seems fair, doesn’t it? After cheating on him, which I realize is only an assumption since he has yet to get a DNA test (say what?! I know), I would consider her pretty darn lucky to get a second chance with a man who was also willing to be a father figure to her son.

kangaroo courtI think you know where I’m going with this. They eventually broke up and the woman wants him to pay child support. Not only is Smith angry because he says he isn’t the father and they had an agreement (which, unfortunately, wasn’t in writing and signed by attorneys), but also because his injury left him disabled and $7,000 in arrears.

The biggest problem here is that Smith didn’t get a DNA test as soon as his wife’s son was born. He now has to scramble to get one in a certain amount of time for the court to even consider exonerating him from paying child support. What was he thinking?! Is he really that trusting that he assumed he could have faith in his wife’s word? Maybe he didn’t want to put the child through the trauma of a DNA test?

DNA-testThis is such a sad story. Any man who is kind enough to take care of a child who isn’t his deserves better than this—especially when there are many biological dads who aren’t acting responsibly and feel they are within their right to walk away when the duties of parenthood get in their way.

Do you think this man should be forced to pay child support?

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9 Members of Idaho Legislature Block International Child Support Treaty

by Moody Jim Rathbone

burningrightsinternetAn international agreement to make it easier to enforce child support orders throughout the world is in danger of not being ratified in the United States because of nine lawmakers in Idaho. And what is wrong with that?

Nine members of the House Judiciary, Rules and Administration Committee balked at sending legislation endorsing the agreement to the House for consideration. Without Idaho, the treaty will be dead in the U.S. because all 50 states must approve it. Idaho does not take tyranny lightly.

The Convention on the International Recovery of Child Support and Other Forms of Family Maintenance has been approved by 32 countries and 19 U.S. states so far. Idaho is taking a step in doing the world a large favor.

dad-slavery-2Yet, there is some dishonesty. Republican Senator Sheryl Nuxoll led the opposition to the measure, testifying to the House committee that it would subject Idaho to Sharia law.  You don’t have to object to Sharia to know that an international child support treaty is a bad idea. Look what international treaty has done to the United States so far. It pretends to do something it rarely truly does.

The treaty does allow states to reject cases that don’t meet state standards, which the Federal Government wants to be Federal standards.

we the peopleGratefully, Idaho has an ‘ornery streak.’ Many residents don’t take lightly to being told what to do. Having a foreign government telling them what to do raises more hackles. Idaho Representative Ryan Kerby s voted against it because he felt the federal government was implying, “You need to sign it, and if you don’t we’re going to beat the crud out of you. They were incredibly rude.”

If Idaho does not get in line to approve the treaty, federal officials are prepared to punish the state. At stake is $16 million in funding for Idaho’s child welfare system, which could be cut off within 60 days unless the legislature changes its mind. It is claimed that the loss of federal subsidies would cripple Idaho’s ability to enforce child support orders against parents. The state may also lose $30 million in block grants for children’s programs, which shows the truth about these matters in the eyes of the Feds. This has nothing to do with children. It’s about power and tyranny. Many of us already know of the tyranny of the Federal government by living it first hand. The Feds and the Hague want to have a power trip at the expense of all Americans.

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Changes Needed In The Child Support System

obamas new dealWhy is the child support system set up the way it is? It seems that child support enforcement is more of a punishment for the fathers/mothers that do what they can and the biggest victims are the children.

Fathers are subjected to their income counted and not what expenses they may have. I have read and seen where fathers have to live with relatives or even sleep in their cars to ensure that the support is paid; even the “judges” tell the fathers they need to go live with someone and give up many things that they need or want to do.

parental alienationNoncustodial parents are subjected to jail time, licenses are being suspended and they are being treated like trash by the court system.  Why has there not been any change to this system and why are the custodial parents subjected to needing to report a job source or income changes like the other parent. Nor do they have to provide proof of what the money was sent on.

Yes, I am a mother that receives child support and I feel that these changes are needed to benefit the relationships of the parents and the children.

Fathers do not have a voice when it comes to anything.  If he falls short to pay the full amount he is subject to jail time; if the father loses his job he may not be able to get a reduction.  If a father can not see his children due to having to work full time all the time, no one care.

Something needs to be done to change this.

Lynesha Lake
Chattanooga

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Divorced from Reality: Government Wants to End Your Marriage

“We’re from the Government, and We’re Here to End Your Marriage.”
by Stephen Baskerville

computer familyThe decline of the family has now reached critical and truly dangerous proportions. Family breakdown touches virtually every family and every American. It is not only the major source of social instability in the Western world today but also seriously threatens civic freedom and constitutional government.

G. K. Chesterton once observed that the family serves as the principal check on government power, and he suggested that someday the family and the state would confront one another. That day has arrived.

Chesterton was writing about divorce, and despite extensive public attention to almost every other threat to the family, divorce remains the most direct and serious. Michael McManus of Marriage Savers writes that “divorce is a far more grievous blow to marriage than today’s challenge by gays.”

Most Americans would be deeply shocked if they knew what goes on today under the name of divorce. Indeed, many are devastated to discover that they can be forced into divorce by procedures entirely beyond their control. Divorce licenses unprecedented government intrusion into family life, including the power to sunder families, seize children, loot family wealth, and incarcerate parents without trial. Comprised of family courts and vast, federally funded social services bureaucracies that wield what amount to police powers, the divorce machinery has become the most predatory and repressive sector of government ever created in the United States and is today’s greatest threat to constitutional freedom.

Unilateral Divorce

burning the constitutionSome four decades ago, while few were paying attention, the Western world embarked on the boldest social experiment in its history. With no public discussion of the possible consequences, laws were enacted in virtually every jurisdiction that effectively ended marriage as a legal contract. Today it is not possible to form a binding agreement to create a family. The government can now, at the request of one spouse, simply dissolve a marriage over the objection of the other. Maggie Gallagher aptly titled her 1996 book The Abolition of Marriage.

This startling fact has been ignored by politicians, journalists, academics, and even family advocates. “Opposing gay marriage or gays in the military is for Republicans an easy, juicy, risk-free issue,” wrote Gallagher. “The message [is] that at all costs we should keep divorce off the political agenda.” No American politician of national stature has ever challenged involuntary divorce. “Democrats did not want to anger their large constituency among women who saw easy divorce as a hard-won freedom and prerogative,” observes Barbara Whitehead in The Divorce Culture. “Republicans did not want to alienate their upscale constituents or their libertarian wing, both of whom tended to favor easy divorce, nor did they want to call attention to the divorces among their own leadership.”

In his famous denunciation of single parenthood, Vice President Dan Quayle was careful to make clear, “I am not talking about a situation where there is a divorce.” The exception proves the rule. When Pope John Paul II criticized divorce in 2002, he was roundly attacked from the right as well as the left.

The full implications of the “no-fault” revolution have never been publicly debated. “The divorce laws . . . were reformed by unrepresentative groups with very particular agendas of their own and which were not in step with public opinion,” writes Melanie Phillips in The Sex-Change Society. “Public attitudes were gradually dragged along behind laws that were generally understood at the time to mean something very different from what they subsequently came to represent.”

Today’s disputes over marriage in fact have their origin in this one. Demands to redefine marriage to include homosexual couples are inconceivable apart from the redefinition of marriage already effected by heterosexuals through divorce. Though gays cite the very desire to marry as evidence that their lifestyle is not inherently promiscuous, activist Andrew Sullivan acknowledges that that desire has arisen only because of the promiscuity permitted in modern marriage. “The world of no-strings heterosexual hookups and 50 percent divorce rates preceded gay marriage,” he points out. “All homosexuals are saying . . . is that, under the current definition, there’s no reason to exclude us. If you want to return straight marriage to the 1950s, go ahead. But until you do, the exclusion of gays is . . . a denial of basic civil equality” (emphasis added). Gays do not want traditional monogamous marriage, only the version debased by divorce.

Contrary to common assumptions, divorce today seldom involves two people mutually deciding to part ways. According to Frank Furstenberg and Andrew Cherlin in Divided Families, 80 percent of divorces are unilateral, that is, over the objection of one spouse. Patricia Morgan of London’s Civitas think tank reports that in over half of divorces, there was no recollection of major conflict before the separation.

Under “no-fault,” or what some call “unilateral,” divorce—a legal regime that expunged all considerations of justice from the procedure—divorce becomes a sudden power grab by one spouse, assisted by an army of judicial hangers-on who reward belligerence and profit from the ensuing litigation: judges, lawyers, psychotherapists, counselors, mediators, custody evaluators, social workers, and more.

If marriage is not wholly a private affair, as today’s marriage advocates insist, involuntary divorce by its nature requires constant government supervision over family life. Far more than marriage, divorce mobilizes and expands government power. Marriage creates a private household, which may or may not necessitate signing some legal documents. Divorce dissolves a private household, usually against the wishes of one spouse. It inevitably involves state functionaries—including police and jails—to enforce the divorce and the post-marriage order.

Almost invariably, the involuntarily divorced spouse will want and expect to continue enjoying the protections and prerogatives of private life: the right to live in the common home, to possess the common property, or—most vexing of all—to parent the common children. These claims must be terminated, using the penal system if necessary.

Onerous Implications

consentFew stopped to consider the implications of laws that shifted the breakup of private households from a voluntary to an involuntary process. Unilateral divorce inescapably involves government agents forcibly removing legally innocent people from their homes, seizing their property, and separating them from their children. It inherently abrogates not only the inviolability of marriage but the very concept of private life.

By far the most serious consequences involve children, who have become the principal weapons of the divorce machinery. Invariably the first action of a divorce court, once a divorce is filed, is to separate the children from one of their parents, usually the father. Until this happens, no one in the machinery acquires any power or earnings. The first principle and first action of divorce court therefore: Remove the father.

This happens even if the father is innocent of any legal wrongdoing and is simply sitting in his own home minding his own business. The state seizes control of his children with no burden of proof to justify why. The burden of proof (and the financial burden) falls on the father to demonstrate why they should be returned.

Though obfuscated with legal jargon (losing “custody”), what this means is that a legally unimpeachable parent can suddenly be arrested for seeing his own children without government authorization. Following from this, he can be arrested for failure or inability to conform to a variety of additional judicial directives that apply to no one but him. He can be arrested for domestic violence or child abuse, even if no evidence is presented that he has committed any. He can be arrested for not paying child support, even if the amount exceeds his means (and which may amount to most of his salary). He can even be arrested for not paying an attorney or a psychotherapist he has not hired.

The New York Times has reported on how easily “the divorce court leads to a jail cell.” Take the case of Marvin Singer, who was jailed without trial for not paying an attorney he never hired $100,000—only half of what the court claimed he “owes.” In Virginia, one father was ordered to pay two years’ worth of his salary to a lawyer he also did not hire for a divorce he did not request. Once arrested, the father is summarily jailed. There is no formal charge, no jury, and no trial.

Family court judges’ contempt for both fathers and constitutional rights was openly expressed by New Jersey municipal court judge Richard Russell: “Your job is not to become concerned about the constitutional rights of the man that you’re violating,” he told his colleagues at a judges’ training seminar in 1994. “Throw him out on the street. . . . We don’t have to worry about the rights.”

Generated Hysteria

unconstitutional law must goWhy do we hear almost nothing about this? Aside from media that sympathize with the divorce revolution, the multi-billion-dollar divorce industry also commands a huge government-funded propaganda machine that has distorted our view of what is happening.

The growth of the divorce machinery during the 1970s and 1980s did not follow but preceded (in other words, it generated) a series of hysterias against parents—especially fathers—so hideous and inflammatory that no one, left or right, dared question them or defend those accused: child abuse and molestation, wife-beating, and nonpayment of “child support.” Each of these hysterias has been propagated largely by feminists, bar associations, and social work bureaucracies, whose federal funding is generously shared with state and local law-enforcement officials.

The parent on the receiving end of such accusations—even in the absence of any formal charge, evidence, or conviction—not only loses his children summarily and often permanently; he also finds himself abandoned by friends and family members, parishioners and pastors, co-workers and employers (and he may well lose his job)—all terrified to be associated with an accused “pedophile,” “batterer,” or “deadbeat dad.”

It is not clear that these nefarious figures are other than bogeymen created by divorce interests, well aware that not only the public generally but conservatives and family advocates in particular are a soft touch when it comes to anything concerning irresponsible behavior or sexual perversion.

Christians are especially vulnerable to credulity about such accusations, because they are disposed to see moral breakdown behind social ills. Moral breakdown certainly does lie behind the divorce epidemic (of which more shortly), but it is far deeper than anything addressed by cheap witch-hunts against government-designated malefactors.

hillary-clintonIt is also largely credulity and fear that leads Congress by overwhelming majorities to appropriate billions for anti-family programs in response to these hysterias. The massive federal funds devoted to domestic violence, child abuse, and child-support enforcement are little more than what Phyllis Schlafly calls “feminist pork,” taxpayer subsidies on family dissolution that also trample due process protections. Family law may technically be the purview of states, but it is driven by federal policies and funded by a Congress fearful of accusations that it is not doing enough against pedophiles, batterers, and deadbeats.

In fact, each of these figures is largely a hoax, a creation of feminist ideology disseminated at taxpayers’ expense and unchallenged by journalists, academics, civil libertarians, and family advocates who are either unaware of the reality or cowed into silence. Indeed, so diabolical are these hysterias that some family advocates simply accept them as additional evidence of the family crisis.

But while sensational examples can be found of anything, there is simply no evidence that the family and fatherhood crisis is caused primarily or even significantly by fathers abandoning their families, beating their wives, and molesting their children. Irrefutable evidence indicates that it is driven almost entirely by divorce courts forcibly separating parents from their children and using these false accusations as a rationalization.

Divorce Gamesmanship

clintonsDuring the 1980s and 1990s, waves of child abuse hysteria swept America and other countries. Sensational cases in Washington state, California, Massachusetts, North Carolina, Ontario, Saskatchewan, the north of England, and more recently France resulted in torn-apart families, blatantly unjust prison sentences, and ruined lives, while the media and civil libertarians looked the other way.

Today it is not clear that we have learned anything from these miscarriages of justice. If anything, the hysteria has been institutionalized in the divorce courts, where false allegations have become routine.

What is ironic about these witch-hunts is the fact that it is easily demonstrable that the child abuse epidemic—which is very real—is almost entirely the creation of feminism and the welfare bureaucracies themselves. It is well established by scholars that an intact family is the safest place for women and children and that very little abuse takes place in married families. Child abuse overwhelmingly occurs in single-parent homes, homes from which the father has been removed. Domestic violence, too, is far more likely during or after the breakup of a marriage than among married couples.

Yet patently false accusations of both child abuse and domestic violence are rampant in divorce courts, almost always for purposes of breaking up families, securing child custody, and eliminating fathers. “With child abuse and spouse abuse you don’t have to prove anything,” the leader of a legal seminar tells divorcing mothers, according to the Chicago Tribune. “You just have to accuse.”

arrestAmong scholars and legal practitioners it is common knowledge that patently trumped-up accusations are routinely used, and virtually never punished, in divorce and custody proceedings. Elaine Epstein, president of the Massachusetts Women’s Bar Association, writes that “allegations of abuse are now used for tactical advantage” in custody cases. The Illinois Bar Journal describes how abuse accusations readily “become part of the gamesmanship of divorce.” The UMKC Law Review reports on a survey of judges and attorneys revealing that disregard for due process and allegations of domestic violence are used as a “litigation strategy.” In the Yale Law Review, Jeannie Suk calls domestic violence accusations a system of “state-imposed de facto divorce” and documents how courts use unsupported accusations to justify evicting Americans from their homes and children.

The multi-billion dollar abuse industry has become “an area of law mired in intellectual dishonesty and injustice” writes David Heleniak in the Rutgers Law Review. Domestic violence has become “a backwater of tautological pseudo-theory,” write Donald Dutton and Kenneth Corvo in the scholarly journal Aggression and Violent Behavior. “No other area of established social welfare, criminal justice, public health, or behavioral intervention has such weak evidence in support of mandated practice.”

Feminists confess as much in their vociferous opposition to divorce reform. A special issue of the feminist magazine Mother Jones in 2005 ostensibly devoted to domestic violence focuses largely on securing child custody.

Both child abuse and domestic violence have no precise definitions. Legally they are not adjudicated as violent assault, and accused parents do not enjoy the constitutional protections of criminal defendants. Allegations are “confirmed” not by jury trials but by judges or social workers. Domestic violence is any conflict within an “intimate relationship” and need not be actually violent or even physical. Official definitions include “extreme jealousy and possessiveness,” “name calling and constant criticizing,” and “ignoring, dismissing, or ridiculing the victim’s needs.”

For such “crimes” fathers lose their children and can be jailed. “Protective orders” separating parents from their children are readily issued during divorce proceedings, usually without any evidence of wrongdoing. “Restraining orders and orders to vacate are granted to virtually all who apply,” and “the facts have become irrelevant,” writes Epstein. “In virtually all cases, no notice, meaningful hearing, or impartial weighing of evidence is to be had.”

Cycle of Abuse

stressed single motherTrumped-up accusations are thus used to create precisely the single-parent homes in which actual abuse is most likely to occur. According to the Department of Health and Human Services (HHS), “Children of single parents had a 77% greater risk of being harmed by physical abuse, an 87% greater risk of being harmed by physical neglect, and an 80% greater risk of suffering serious injury or harm from abuse or neglect than children living with both parents.” Britain’s Family Education Trust reports that children are up to 33 times more likely to be abused in a single-parent home than in an intact family.

The principal impediment to child abuse is thus precisely the figure whom the welfare and divorce bureaucracies are intent on removing: the father. “The presence of the father . . . placed the child at lesser risk for child sexual abuse,” concludes a 2000 study published in Adolescent and Family Health. “The protective effect from the father’s presence in most households was sufficiently strong to offset the risk incurred by the few paternal perpetrators.” In fact, the risk of “paternal perpetrators” is miniscule, since a tiny proportion of sexual abuse (which is far less common than physical abuse) is committed by natural fathers, though government statistics lump them in with boyfriends and stepfathers to make it appear that incest is widespread.

Despite the innuendos of child abuse advocates, it is not married fathers but single mothers who are most likely to injure or kill their children. “Contrary to public perception,” write Patrick Fagan and Dorothy Hanks of the Heritage Foundation, “research shows that the most likely physical abuser of a young child will be that child’s mother, not a male in the household.” Mothers accounted for 55 percent of all child murders according to a Justice Department report. HHS itself found that women aged 20 to 49 are almost twice as likely as men to be perpetrators of child maltreatment: “almost two-thirds were females.” Given that “male” perpetrators are not usually fathers but boyfriends or stepfathers, fathers emerge as by far the least likely child abusers.

stress single motherYet government logic is marvelously self-justifying and self-perpetuating, since by eliminating the father, officials can present themselves as the solution to the problem they have created. The more child abuse there is—whether by single mothers, boyfriends, or even (as is often the case) by social workers and bureaucrats themselves—the more the proffered solution is to further expand the child abuse bureaucracy.

Waxing indignant about a string of child deaths at the hands of social workers in the District of Columbia, federal judges and the Washington Post found solace in the D.C. government’s solution: to hire more social workers (and lawyers too, for some unspecified reason). “Olivia Golden, the Child and Family Services’ latest director . . . will use her increased budget to recruit more social workers and double the number of lawyers.” Children die at the hands of social workers, so we must hire more social workers.

Likewise, it is difficult to believe that judges are not aware that the most dangerous environment for children is precisely the single-parent homes they themselves create when they remove fathers in custody proceedings. Yet they have no hesitation in removing them, secure in the knowledge that they will never be held accountable for any harm that may come to the children. On the contrary, if they do not remove the fathers, they may be punished by the bar associations and social work bureaucracies whose funding depends on a constant supply of abused children.

A commonplace of political science is that bureaucracies relentlessly expand, often by creating the very problem they exist to address. Appalling as it sounds, the conclusion is inescapable that we have created a massive army of officials with a vested interest in child abuse.

Trafficking in Children

father-child-in-prisonThe child abuse industry also demonstrates how one threat to the family creates another. Just as the divorce revolution eventually led to the demand for same-sex “marriage,” the child abuse deception has led to demands for parenting by same-sex couples.

Most discussion of homosexual parenting has centered on questions of children’s welfare versus the rights of homosexuals. Few have questioned the politics whereby prospective homosexual parents obtain the children they wish to parent. Granting same-sex couples the right to raise children means, by definition, giving at least one of the partners the right to raise someone else’s children, and the question arises whether the original parent or parents ever agreed to part with them or did something to warrant losing them.

Current laws governing divorce, domestic violence, and child abuse render this question open. The explosion in foster care based on the assumed but unexamined need to find permanent homes for allegedly abused children has provided perhaps the strongest argument in favor of same-sex “marriage” and homosexual parenting. Yet the politics of child abuse and divorce indicate that this assumption is not necessarily valid.

The government-generated child abuse epidemic and the mushrooming foster care business that it feeds have allowed government agencies to operate what amounts to trafficking in children. A San Diego grand jury reports “a widely held perception within the community and even within some areas of the Department [of Social Services] that the Department is in the ‘baby brokering’ business.”

Introducing same-sex “marriage” and adoption into this political dynamic could dramatically increase the demand for children to adopt, thus intensifying pressure on social service agencies and biological parents to supply such children. While sperm donors and surrogate mothers supply some children for homosexual parents, most have been taken from their natural parents because of divorce, unwed parenting, child abuse accusations, or connected reasons.

Massachusetts Senator Therese Murray, claiming that 40 percent of the state’s adoptions have gone to gay and lesbian couples, rationalizes the practice by invoking “children who have been neglected, abandoned, abused by their own families.” But it is far from evident that these children are in fact victims of their own parents. What seems inescapable is that homosexual parenting has arisen as the direct and perhaps inevitable consequence of government officials getting into the business—which began largely with divorce—of distributing other people’s children.

Child-Support Racket

mob-rule-child-support-governmentThe “deadbeat dad” is another figure largely manufactured by the divorce machinery. He is far less likely to have deliberately abandoned offspring he callously sired than to be an involuntarily divorced father who has been, as attorney Jed Abraham writes in From Courtship to Courtroom, “forced to finance the filching of his own children.”

Child support is plagued by the same contradictions as child custody. Like custody, it is awarded ostensibly without reference to “fault,” and yet nonpayment brings swift and severe punishments. Contrary to popular belief, child support today has nothing to do with fathers abandoning their children, reneging on their marital vows, or even agreeing to divorce. It is automatically assessed on all non-custodial parents, even those divorced against their will who lose their children through no legal fault or agreement of their own. It is an entitlement for all single mothers, in other words, regardless of their behavior.

Originally justified as a method of recovering welfare costs, child support has been transformed into a massive federal subsidy on middle-class divorce. No-fault divorce allowed a mother to divorce her husband for any reason or no reason and to take the children with her. Child support took the process a step further by allowing the divorcing mother to use the now-fatherless children to claim her husband’s income—also regardless of any fault on her part (or lack of fault on his) in abrogating the marriage agreement.

By glancing at a child-support schedule, a mother can determine exactly how large a tax-free windfall she can force her husband to pay her simply by divorcing, money she may spend however she wishes with no accounting requirement. It is collected at gunpoint if necessary, and nonpayment means incarceration without trial.

child support loaded gunLike the welfare it was supposed to replace, child support finances family dissolution by paying mothers to divorce. Economist Robert Willis calculates that child-support levels vastly exceeding the cost of raising children create “an incentive for divorce by the custodial mother.” His analysis indicates that only one-fifth to one-third of child-support payments are actually used for the children; the rest is profit for the custodial parent. Kimberly Folse and Hugo Varela-Alvarez write in the Journal of Socio-Economics that child support serves as an “economic incentive for middle-class women to seek divorce.”

Mothers are not the only ones who can profit by creating fatherless children. Governments also generate revenue from child support. State governments receive federal funds for every child-support dollar collected—money they can add to their general funds and use for any purpose they choose. This gives states a financial incentive to create as many single-parent households as possible by encouraging middle-class divorce. While very little child support—or government revenue—is generated from the impecunious young unmarried fathers for whom the program was ostensibly created, involuntarily divorced middle-class fathers have deeper pockets to loot.

dollar bondageThis is why state governments set child support at onerous levels. Not only does it immediately maximize their own revenues; by encouraging middle-class women to divorce, governments increase the number of fathers sending dollars through their systems, thus generating more revenue. Federal taxpayers (who were supposed to save money) subsidize this family destruction scheme with about $3 billion annually. “Child support guidelines currently in use typically generate awards that are much higher than would be the case if based on economically sound cost concepts,” writes Mark Rogers, an economist who served on the Georgia Commission on Child Support. Rogers charges that guidelines result in “excessive burdens” based on a “flawed economic foundation.” The Urban Institute reports that arrearages accrue because “orders are set too high relative to ability to pay.” Federal officials have admitted that the more than $90 billion in arrearages they claimed as of 2004 were based on awards that were beyond the parents’ ability to pay.

All this marks a new stage in the evolution of the welfare state: from distributing largesse to raising revenue and, from there, to law enforcement. The result is a self-financing machine, generating profits and expanding the size and scope of government—all by generating single-parent homes and fatherless children. Government has created a perpetual growth machine for destroying families, seizing children from legally blameless parents, and incarcerating parents without trial.

Responsibility of Churches

empty-pockets-robbed-court-orderWhile many factors have contributed to this truly diabolical, bureaucratic onslaught against the family, we might begin by looking within. The churches’ failure or refusal to intervene in the marriages they consecrated and to exert moral pressure on misbehaving spouses (perhaps out of fear of appearing “judgmental”) left a vacuum that has been filled by the state. Clergy, parishioners, and extended families have been replaced by lawyers, judges, forensic psychotherapists, social workers, and plainclothes police.

Family integrity will be restored only when families are de-politicized and protected from government invasion. This will demand morally vigorous congregations that are willing to take marriage out of the hands of the state by intervening in the marriages they are called upon to witness and consecrate and by resisting the power of the state to move in. This is the logic behind the group Marriage Savers, and it can restore the churches’ authority even among those who previously viewed a church’s role in their marriage as largely ceremonial.

No greater challenge confronts the churches—nor any greater opportunity to reverse the mass exodus—than to defend their own marriage ordinance against this attack from the government. Churches readily and rightly mobilize politically against moral evils like abortion and same-sex “marriage,” in which they are not required to participate. Even more are they primary stakeholders in involuntary divorce, which allows the state to desecrate and nullify their own ministry.

As an Anglican, I am acutely aware of how far modernity was ushered in not only through divorce, but through divorce processes that served the all-encompassing claims of the emerging state leviathan. Politically, this might be seen as the “original sin” of modern man. We all need to atone.

from Touchstone Magazine

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