A fugitive people within a nation is tyranny.

Posts tagged ‘Iraq’

Soldier Paid Support for Kid that's Not His

by Roxanna Haynes – WKRN

soldier child support scamWhile a soldier was fighting overseas, he paid about $2,700 in child support for a child that wasn’t his own.

Christopher Childers’ wages were garnished to pay child support while he was deployed in Iraq, but the Tennessee Court of Appeals in Knoxville said in this ruling, the state can’t pay him back, even now that a DNA test has proven he’s not the father.

According to the proceeding, the child’s mother, Alexandria Price, sought assistance from the state and claimed Christopher Childers was the father of her baby.

His child support was set at $126.23 a week.

Childers then filed a motion for DNA testing.

The motion states: “I was deployed in Baghdad, Iraq… I never received a letter ordering me to report for a DNA test. Therefore, I was ordered the father by default.”

Mary Langford, a Family Law attorney, told Nashville’s News 2, “He claimed that he was not served with process, but it had been mailed to his parents home and never accepted. If that was the case, and if the records show that that was the case, it should have stopped right there.”

A juvenile court ordered the state to reimburse Childers, but the state appealed.

The appeals court determined that while the initial judgment was wrong, the juvenile court doesn’t have the jurisdiction to order the state to pay him back.

“The result here is exactly what it has to be under Tennessee law. We can’t force the state to reimburse someone,” Langford said.

Legal experts told Nashville’s News 2 that Childers’ best option now is to have the Tennessee Supreme Court try the case.

They also said Childers should have been issued an attorney because of the Service members Civil Relief Act (SCRA), which protects troops when they are unable to defend themselves in court.

Advertisements

Constitutional Violations and the Patriotic Man

by E. Manning

Truthfully, there is no such thing as a “little Constitutional violation”, as if a violation can really exist in degrees. The legislative and executive branches of our government have grown rather fond of creating their own rules as they go, creating new rules of order with legislative precedence and simple rationalizations in violation of all laws written previously, even the big ones. The Constitution and successive Amendments are simply ignored in the name of tolerance and judgment, while little unchecked constitutional violations grow to become blight that is considerably more rampant. Laws that are drafted aren’t considered in light of the Constitution, but rather from expedience and the playground of good intentions.

One could suppose that if one wanted to be picky, this country has operated outside the Constitution in a rather complete sense from 1776 to 1865, as the annals of national slavery have proved. Slavery worked out very well for millions in this nation. The problem is that this was accomplished with what effectively became a huge subclass of people. During the 1800s, an outside party of foreign-controlled central bankers worked on and off to put this country in their back pocket in a very unconstitutional way. They succeeded fully with the advent of the Federal Reserve in 1913. Yet, somehow the loss of freedom involved with Federal Reserve doesn’t seem too important or even very apparent. Yet, in both of these cases, a subclass of people is always being victimized by established authority whether you recognize them or not.

Just considering these two areas, the nation has only existed on a Constitutional basis for 48 years. However, that doesn’t include the myriad of other lapses, breaches and encumbrances too multitudinous to mention. The quantity could not be contained on this page. It’s almost like spitting into hurricane winds during Hurricane Katrina and few seem to care as long as they get what they want.

Americans can use a similar Constitutional debate with the Internal Revenue Service, government surveillance of citizens combined with other unwarranted surveillance and the creation of a subclass of citizens in the name of children’s rights and federal welfare. The Constitutional lip service by our presidential candidates is significant, notably by John McCain, but proves to be a mere attempt at placating citizens as the words roll off their tongues. When faced with real unconstitutional issues and provisions in this nation, duck and dodge is the order of the day. The presidential campaigns will discuss only what is considered to be most pressing and popular. Congress performs even more poorly. The approval rating of Congress is a mere 9% and they still remain in power to create more Constitutional subversion.

The two-party system in United States doesn’t really measure anything by the values of the Constitution. Perhaps the ACLU and other fine freedom organizations should suggest removing the Constitution and the Amendments in favor of something more workable so that the nation doesn’t continue as a nation of hypocrites. The real problem has been and continues to be accountability. However, as citizens of this fine country, ultimately and collectively, we are the decision makers whether politicians like the truth or not.

In what is supposed to be the nation’s most respected body, military servants are often cowed on both sides, by the authority of their superiors and the authority of law. A patriotic military man has few rights that he can count on other than those he can find. Economically speaking, the military is still the best way to get out of a life of abject poverty and build a better life. What’s more, if you want to live life on the edge of adventure, it can be argued that there is no better place. The military is one place to truly learn the lessons of life.

Drawing men into the military continues to be a challenge. Many men are not entirely ignorant to the problems in the military. They have learned that patriotism is not rewarded, at least not if they are married. When they join the military, the chances are better than 50% that they will end up divorced, with a huge child support debt and in a jail cell on criminal federal child support charges. While this and other statistics can be contested, established fact dictates that government statistics are often skewed and highly arguable. Since the military is a cross-section of the nation and military marriages are under much higher pressure than average, no less than the national average in this area of statistics is acceptable.

Easy divorce provisions, child support entitlements and the inequities of law chronically mistreat men and patriotic men alike. This is a fact that is often downplayed, notably by feminist society and government sources. A gold-digger can marry a military man for one day to take a nice chunk of support when the divorce is final. The argument can be made that military men are not wealthy. That isn’t the point. The gold-digger can dig for gold at the military till without limit, developing a means of self-support through the bearing of children. While this is reprehensible, even more so in the military, it is not entirely uncommon. What is worse, this is often done when the man is on the other side of the world defending and serving the country. The little woman can do as she pleases while the husband pays in spades. The cash comes from his military pay, but if not, it will come out of his patriotic hide when he returns home via the godless Bradley Amendment. Notable are the proved cases where child support is no longer collected by the military and when the ex-husband returns from the hands of the enemy, terrorists or similar circumstances, he is faced with prison at home for non-payment of child support. The decision of a man or woman to stop paying child support after he or she has returned home is not in the direct scope of this commentary.

The man on duty overseas can be hit with a surprise divorce by the little woman, lose every worldly thing he owns while being victimized by a temporary child support order that has little to do with real income. While any child-support is based on income in the beginning, but the reality of income can change quickly based on a large variety of scenarios. The division of real property while the patriotic man is overseas is entirely dependent on the decision of the judge combined with immediate pull of legal strings. The system never automatically address the payment issues after the initial court order beyond the concerns of collection. The burden “of proof” is on the non-custodial parent, yes even the patriotic man, a direct violation of Constitutional Law within itself. He is guilty until proved innocent. As a result, a man can end up owing more in support than he makes and there isn’t a thing that the patriotic man can do. A patriotic man has little help from authorities as they collude to solve their common “problem”. Getting a support modification can be next to impossible in the States, but a modification isn’t any easier in Afghanistan or Iraq. This is a sad fact, not the stuff of fiction.

The authorities have decided that since the patriotic man volunteered to go into service, he bears full responsibility. This is the government position. The patriotic man won’t get a better shake in a system that is designed by default to work in the favor of women and children only. There is no excuse for non-payment of any kind and rights to see children are virtually non-existent, even though decrees are carefully worded to have you believe otherwise. The patriotic man quickly becomes a felon, often without knowing. Strangely, neither the Feds nor the States have taken any action to alleviate the problem of the patriotic man. It’s all about personal responsibility, even if dad is working behind-the-scenes as a Navy SEAL or held prisoner by terrorist factions and presumed missing.

The Bradley Amendment that cements all of this abuse in place violates the Constitution on so many counts that there is no excuse. Yet, feminists and surrogate lawmakers in the 1990s, with the help of George Bush, Sr. and the Clinton Administration brought the debacle together in grand style in the name of welfare reform. The reform has never worked other than to enlarge the size of big government.

Every taxpayer knows that taxes change based on income that is easily proved. If you are employed, the Internal Revenue Service often knows as much about you as you do. Why shouldn’t child and spousal support adjust in the same way? Yet, because of a court order that often cannot be corrected, millions of men and women have become a subclass society of America. There is no justification for treating a divorced man or woman differently from a married one through the violation of Constitutional Rights. Support that is garnered should be against actual income and resources, not figures from a court order at a previous point in time. The impoverished or sequestered have lost the ability to defend themselves and there is little interest in change. There is no forgiveness for the patriotic man, much less the working men of America. The Congress doesn’t concern itself with emergency legislation for patriotic misfits, much less a subclass of American jurisprudence.

As long as the government system is fat and happy combined with a subdued and appeased class of women, even presidential candidates could care less. All presidential candidates have ignored the plight of oppressed non-custodial parents because of fear. In the meantime, men and women continue to be looted without regard, the patriotic man even more so. Soldiers are even being charged for their own equipment, as the patriotic man continues to burn his candle at both ends in the name of God and country, for the honor of the land of the free and home of the brave. The “pressure” of personal responsibility and sacrifice never ends while the authorities take the profits home and use them as they please.

Tag Cloud