A fugitive people within a nation is tyranny.

Posts tagged ‘lawsuit’

Pregnant With Opportunity: Mom Still Wins

by Moody Jim Rathbone

pregnant with opportunityIn the mainstream media, you’ll read headings that titillate or that simply state “New Jersey Man Ordered to Pay Child Support for 1 Twin After DNA Test Shows 2 Dads.” The truth is that this kind of behavior is a national embarrassment! So potentially embarrassing that the lawsuit represents the plaintiff and defendant only as initials. The ‘mother’ should certainly be embarrassed. The details and headlines for child support continue to get stranger as time wears on. That is what happens in a nation without standards.

In a precedent-setting case, a Superior Court judge ruled that a man who was believed to have fathered twin girls actually only fathered one of them. It’s the sick stuff of legend and a new low for the ‘prostitutes’ of the nation. But this case isn’t a precedent for the reason you might think. It’s the first paternity case in New Jersey – and the third nationwide to showcase two different fathers for a single set of twins.

A man identified only as “A.S.” was off the hook for child support payments to one of the twins after DNA testing determined that he fathered one twin, but could not have been the father of the other.

twinsThe mother, identified only as “T.M.” gave birth to twin girls in January of 2013 and named “A.S.” as a romantic partner and the father of both kids when applying for public assistance. Of note is that she admitted that she had sex with another unidentified man ‘within a week’ of having had sex with “A.S.”  Obviously, the woman couldn’t keep her legs together and wisely, social services ordered a DNA test with the “surprising results.”

“A.S.,” obviously poverty stricken, represented himself in court, and has been charged to pay $28 a week in child support payments to his offspring. An academic study published in 1997 found that different fathers occurs in about one out of every 13,000 reported paternity cases involving twins. Either way, the “hoes” and judges of America still have the power. At least, the father hasn’t been taken to the cleaners if he hasn’t been late with the child support. “A.S” likely is late and the Bradley Amendment will apply. What a way to start the life of a child, or children, as the case is here. So now that you’ve heard all this, is the mainstream media telling you what you really need to know? Hardly! The lawsuit is just the beginning. Both parents, especially the father, will continue to experience all kinds of personal invasions and persecutions in the name of taking care of children. These mainstream articles don’t discuss the abuses that non-custodial parents face because of government policy that is nothing less than unconstitutional. Once the lawsuit dies down, good old dad will be without due process, completely at the mercy of government policy that has no mercy. Even worse, all Americans are paying dearly with their privacy and banking information so that big government can quickly snap up cash for kids.

For example, in United States statute, the Bradley Amendment (1986, Public law 99-509, 42 U.S.C. § 666(a)(9)(c)) requires state courts to prohibit retroactive reduction of child support obligations. Specifically, the amendment:

  • automatically triggers a non-expiring lien whenever child support becomes past-due.
  • overrides any state’s statute of limitations.
  • disallows any judicial discretion, even from bankruptcy judges.
  • requires that the payment amounts be maintained without regard for the physical capability of the person owing child support (the obligor) to promptly document changed circumstances or regard for his awareness of the need to make the notification.

overthrow

NJ Lawsuit: No Automatic License Suspensions Over Child Support

NJ driverA new class action lawsuit seeks to end the automatic suspensions of driver’s license held by parents in New Jersey who are behind on child support payments. The lawsuit seeks to limit when suspensions would be allowed.

The suit filed last Friday claims that such suspensions are unconstitutional, contrary to the “clearly expressed legislative intent” and “obviously counter-productive.” It was filed in state Superior Court by David Perry Davis, a Pennington-based attorney, and names four plaintiffs who have had their licenses suspended.

kangaroo courtThe attorney that filed the lawsuit called the license suspensions “absurdly self-defeating,” noting that policy and statute can block parents from going to work, applying for jobs, or seeing their children.” “It doesn’t make sense. The idea that automatically suspending someone’s driver’s license because he is in arrears will force him to pay child support is an example of a well-intentioned, but not well thought-out law.”

The suit wants judges only to suspend a delinquent payer’s license only as a last resort, not as required punishment. “Judges should have this as an option, but only if the facts of a case justify it.”

The suit names Raymond Martinez, chief administrator of the New Jersey Motor Vehicle Commission, state Acting Attorney General John Jay Hoffman and Director of the New Jersey Division of Family Development as defendants. A hearing on a preliminary injunction should be held in the next 10 days.  In typical fashion, these ‘authorities’ refuse comment, noting they don’t publicly discuss ongoing litigation.

New Jersey is the only state in the country that imposes an immediate draconian penalty on motorists. According to Attorney Davis, most states suspend an average of 250 licenses annually, but nearly 20,500 licenses were suspended in New Jersey last year. Of the licenses in New Jersey, 99.5 percent of those licenses were suspended without a hearing being convened. That defies due process rights.

US Residents At War

equal justice fraud
by Moody Jim Rathbone

More and more U.S. citizens are fearful of the judicial system. This is not without cause. Because of corruption and both internal and external corporate exploitation, residents do not have ‘equal protection’ under the law. Except in criminal matters, residents are guilty under proven innocent. That is the inference of the ‘law.’

An inscription on the Supreme Court Building in Washington, D.C. reads: ‘Equal Justice Under Law.’ Yet, prosecutors are immune to lawsuits while they are performing their jobs, even when they commit illegal acts. (Imbler v Pachtman, 1976)

The reality is that law has become a fluid tool of a ‘fascist state.’  Prosecutors and other agencies commonly file false charges against innocent individuals. In more than 90 percent of criminal cases, prosecutors use extortion by stacking charges in order to force plea bargains. Prosecutors needlessly harass innocent people and use the mainstream media to enhance their cases. Just watch a program like ’48 Hours’ and similar ilk, and you can see the flimsy and whimsy of the cases that pretend to ‘prove’ justice.  In this way, they are able enforce jury pool tampering. They violate rights and break the law with cases that hardly stand up. Thanks to the Supreme Court ruling where case law rules, US residents have had no way to hold them legally accountable. This case law is unlawful and unconstitutional, but that hasn’t stopped them.

It has been argued that the logic behind this Supreme Court ruling was that it would keep prosecutors from having to defend themselves against unwarranted and frivolous lawsuits. What the ruling accomplished was the creation of an elite class that is above the law and can act without fear of reprisal or accountability. The Supreme Court destroyed a covenant that the Founders held dear. Equal justice, which has always been challenged, no longer exists, nor can it.

From simple traffic tickets to land-use violations to arbitrary fines to false criminal charges, anyone can see that this nation cannot claim to be free – as an elite class remain above the law that they have created to control others.

overthrow

Georgia Appeals Child Support Ruling

captive

ATLANTA — State attorneys are appealing a judge’s order that favored five fathers who are targeting Georgia’s practice of jailing parents who don’t pay child support.

The Georgia Attorney General’s office on Monday filed a motion that said there’s an “epidemic” of parents who fail to pay their child support. It said the men were jailed because of the “consequences of their own poor decision-making.”

The five fathers claim in the lawsuit that jailing parents who can’t afford to pay child support creates a modern day debtor’s prison. They want to force Georgia to provide poor defendants with attorneys at child support hearings.

The men recently won a court battle when a judge allowed thousands of other parents who were imprisoned for failing to pay the child support join their lawsuit.

by Associated Press
original article removed from the www.

Fathers Challenge Jail Sentences for Child Support

by Greg Bluestein
Associated Press

captiveAfter Lance Hendrix returned from military service in 2009, he landed part-time construction work and odd jobs to help pay the child support he owed for his daughter. He managed to pay about $3,800, but when he couldn’t afford to the rest, a judge threw Hendrix in jail for four months.

The 24-year-old is one of five fathers behind a legal challenge targeting a law that allows judges to put parents in jail if they can’t make child support payments. The dads say it perpetuates a disastrous cycle, as the parents wind up losing their jobs, making it harder for them to pay up. The lawsuit aims to force Georgia to provide the parents attorneys at hearings so they can better defend themselves.

“They’re putting people in jail that have no means of even supporting themselves,” Hendrix said. “Who’s going to want to hire me from jail? ‘Hello, my name is Lance Hendrix and I’m currently an inmate in Cook County Jail. Would you mind hiring me?’ Yeah right.”

Imprisoning parents over child support payments has become routine in Georgia. At least 3,500 parents have been jailed in child support cases without being provided attorneys since January 2010, according to court records. In October 2011, 845 parents were jailed in Georgia for child support proceedings.

“We absolutely have a modern day debtor’s prison,” said Sarah Geraghty of the Southern Center for Human Rights, the Atlanta-based organization representing the fathers. “They are forgotten about. And in many instances, the parent is sent to jail and they’re called back into court only when someone remembers that they’re there.”

The Georgia attorney general’s office and the state’s Department of Human Services declined comment on the litigation. In court filings, state attorneys said the lawsuit was unnecessary because parents could avoid incarceration by appealing the contempt orders that send them to jail. State attorneys also said locking parents up is a last resort to hold parents accountable.

If the lawsuit prevails, it could bring big changes to Georgia’s legal system, forcing the state to set aside potentially millions of dollars to pay for lawyers for the parents. Geraghty said she also hopes it could bring a shift in tactics, prodding the state to garnish the wages of delinquent parents or put liens on their property rather than incarcerate them.

“The problem that we see in Georgia is the state often uses incarceration as a first resort rather than a last resort,” she said.

The five fathers cleared a major hurdle recently when a judge granted class-action status, allowing thousands of other indigent parents who were imprisoned to join the lawsuit. The December order, by Fulton County Superior Court Judge Jerry Baxter, only applies to those who can’t afford to pay for an attorney, not those who can hire one but choose not to do so.

The sentences given to the parents — some have spent more than a year in jail — are a result in a quirk in Georgia law. Anyone charged with criminal contempt has the right to an attorney and can only be imprisoned for 20 days. But child support hearings are civil matters, and parents charged with contempt in those cases are often jailed for far longer, without counsel.

Georgia is one of four states that don’t require indigent plaintiffs facing jail in child support cases to be appointed attorneys. The state, meanwhile, often has experienced lawyers.

The U.S. Supreme Court issued a ruling in June holding that indigent parents don’t have the right to counsel in a child support hearing where the state wasn’t involved . But this lawsuit says there are thousands of cases in Georgia untouched by the ruling because the state represents the other side.

The plaintiffs and the other parents who could join the class-action lawsuit are a diverse group that includes military veterans, immigrants, the homeless and even a pregnant woman.

One is 40-year-old Randy Miller, a veteran of the Iraq war who has paid about $75,000 in child support for his two daughters over the years. He lost his job at AT&T and then lost his home in 2010, and at one point had as little as 39 cents in his bank account.

He was jailed for three months when he was unable to pay his $800 obligation. He was released in February 2011, but still owes money and fears he could be jailed again.

Hendrix is now working odd jobs, helping renovate restaurants and build furniture. He’s taken to buying canned foods from discount stores rather than fast food. He relies on help from family to pay some bills.

But it’s still not enough to pay the $480 he owes his ex-wife each month for their 5-year-old daughter, so he risks being incarcerated again.

“It’s an impossible situation,” he said. “And I can’t find a job when I’m in jail.”

this article is as it appeared in the Washington Examiner

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