Where child support law is concerned skeptics abound. However, the attitude of the court flies in the face of the law ideal that you are “innocent until proven guilty.” You are guilty because the court log says you are. You are late in paying support, no excuses accepted. The nation in the grip of an economic crisis has no bearing in their view on your personal situation. Your ability to afford an attorney even though the cost is prohibitive at best is not their concern. Even after the court has determined that a “payor” has legitimately lost his job or suffered an involuntary decrease in salary for any reason, the court system of oppression is not content. They assume you are a shiftless, lazy, deceptive person that wants to take every opportunity to leach money from others and that you purposefully intend that you will not pay child support unless they squeeze you hard enough. The inquiry into your work condition and personal circumstances never ends once the child support amount is NOT received exactly on time.
The system doesn’t care about your personal difficulties, or even if you have a place to live or the means to get a job to support the government child support industry. However, if you fail to make a payment or do anything that is insisted that you do, you do yourself an injustice by letting them rake you over the coals without any opposition, or without so much as a response or communication. Giving up is giving up on yourself. Negatively speaking, they intend to bring the full burden of law against you if they can, to make the prospect of your life worse. The idea is that they intend fill you with fear, and that fear is what will get you to comply whether you are able or not. They will inquire continually as to what steps the child support “payor” has taken to secure new employment or to address the reduction in income. In other words, once you have a court order for child support, they expect you to pay the full amount no matter what or there will be hell to pay with financial and physical oppression as they deem appropriate. The court will be unsympathetic and skeptical, even when the “payor” has become disabled and cannot work. The contempt the court has for “payors” who were unable to reverse the downturn in their financial position is aptly demonstrated by the trial judge’s choice words for the “payor”:
“The court finds that the defendant has no intention of finding substantial employment in his or any other field. This court finds that defendant has found his niche in this world, in that he is maintaining a high lifestyle without having to work for it. To use the vernacular, he has made it. This court finds that defendant is content to sit back and become a complete human parasite…permitting a succession of fiancées, friends and relatives to provide for him so as to enable him to live in and maintain a lifestyle commensurate with his self-imposed high standard of living, while his children are reduced to the status of virtual beggars. He professes love and concern for them, yet this court finds a complete lack of same. Defendant’s application for modification of child support is denied.” (Harris v. Harris, 235 NJ Super 434 (Ch.Div. 1989)
Proving a legitimate decrease in income is not enough. The “payor” must show that he has actively sought to redress the situation and that he continues to do so:
“[O]ne cannot find himself in, and choose to remain in, a position where he has diminished or no earning capacity and expect to be relieved of or to be able to ignore the obligations of support to one’s family. We do not scold defendant for the loss of his previous job. What we do say is that this apparently able-bodied defendant cannot sit back and allow his child to go without support, while he somewhat complacently waits for a job only in his field.”
In cases where the “payor” has been terminated from his job, the “payor” is expected to provide a list of all employers to which he has applied since the termination. Copies of job applications should be attached as exhibits, together with call back or rejection letters from potential employers. They intend to make your non-compliance and life-reversal as painful and difficult as possible. Business owners who have suffered from decreased business should explain with specificity the steps they have taken to foster new business through advertisement, solicitation, and client incentives, or to decrease business expenses by making across the board cuts. “Payors” who were employed in a specific niche should explain the limitations on their employability and why they may not be attractive to various employers outside their given field. In the event a “payor” totally abandons his prior field and changes careers, the “payor” must be ready to justify this career change as the best alternative under the circumstances, and only after attempting unsuccessfully to find employment in his prior field and at his prior income.
A well-worded acquaintance of mine referred to United States law making in this way: “If a certain ideology wants unauthorized Constitution power, or wants to overcome rights forbidden by the Bill of Rights, then let the faction obtain a consensus and change the law under Article Five. It is unacceptable to use rationalization and sophistry for judicial activist law-making from the bench. It is unacceptable to establish progressive precedence and then capriciously use stare decisis to persist with an unconstitutional agenda.”
As it stands, when deciding modification applications for even the most just purposes, judges will demand more than “conclusory statements” about the state of the economy without any detail as to how the economy has specifically affected a particular applicant’s job or business. You will have to walk the plank. When you find yourself in difficulty, you will find yourself on trial in the face of bad attitudes across the board. You are useless trash to the system because you have not delivered the required demands of the system in place. This and actions like it against American citizens are part of an ongoing eugenics movement that wants to control not only what they view as undesirables, but also to control the children of the nation as much as possible. You may want to live a peaceful life, but that isn’t what they want. They seek to eliminate the slum elements of society or those that refuse to comply eagerly with their demands. They want you to be eager to satisfy their demands. The rights of an American citizen and the protections afforded him or her are ignored, and disregarded wholesale. That is the dark legal world that Americans live in since the advent and corruption of the legal system through the ‘myth of legal precedence.’ The terms of the past is exactly what is required for all time until your obligation is spent. As far as adherents of legal precedence are concerned, you are a slave of the system without a way out, no matter what. After all, it’s your life, not theirs. You exist to be exploited based on whatever terms the system deems fit. Whether this is ‘legal exploitation’ or not matters not a whit. The Constitution no longer matters. We live in a brave new world. That is the legal spawn of the Bradley Amendment and legal precedence.
US Child Support: The Loaded Gun by E.J. Manning is licensed under a Creative Commons Attribution 3.0 Unported License.
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