All the justices seemed to recognize there was a failure of due process in this case, but they were reluctant to make a categorical rule requiring counsel in all such cases. Since the court only took the case to decide whether there is a right to counsel, it's unclear if the court has jurisdiction to decide anything else.Yes, I am afraid that declaring a right to counsel is not going to solve the due process problem, and the court does not have the guts to address the real problem.
An overlooked detail here is that the mom had assigned her child support benefits to the state, so that she could get more welfare benefits. The state then collects the so-called child support according to formula, which means it is a percentage of the dad's income.
So this case did not involve money going to the child. It was about throwing a man in jail for not paying income taxes to the state, and doing it without a trial.
The state has to be able to enforce its tax law, of course. If IRS or the sales tax authorities decide that you owe money, they are already pretty effective at squeezing the money out of you. They can dock your pay, seize your assets, and make your life miserable until you pay. But they do not throw you in jail without trial, as the family court does, just because of an unpaid tax debt. The family court should have no more money collection powers than IRS.
13 comments:
George,
Jailing for child support can be far worse than any IRS penalty that can be imposed.
In my case, I can be jailed based on an "imputed income". Family court decided what I COULD earn, and based my paymnet on this; an amount i CAN'T EARN, and pay.
With the IRS, they might jail you based on what you DID earn, and did not pay your fair portion of to the government. The IRS can't say that you SHOULD have earned more as you had previously, or have the potential to earn, in their OPINION,and send you off to jail for EARNING LESS than they think you can earn. The family court though, they can, and without a trial or any sort of proof, although proof of such shouldn't mean anything anyway.
Do you think that anyone ever got a letter from the IRS saying that you should have earned more money last year so because you didn't you owe more taxes on what we think you should have earned, so pay up the difference or go to jail, whether you have any money to pay us or not ?
And while in jail, you must obtain a BETTER paying job, FROM YOUR CELL to get out to pay us what's due and continue to pay us at the newly established rate.
This is the way it works.
Well said. Someday this injustice will be recognized.
George,
In my case, I may go to jail because they are demanding more than 100% of what I earn, and have done so for years. Want to charge me some percentage of what i DO EARN ? okay, that's one thing.
People say to apply for a reduction..but did you know that over 95% of fathers that apply for reductions, don't receive them and the amount GOES UP INSTEAD ? This, from a group that understands this risk/possibility but feel that they have the facts to support it being reduced.
Now, let's say this was the IRS..Do you think that 95% of people amending a tax return have their amount due in taxes increased after they amend a return for a refund ? No one would dare even ask, right ?
So, go to jail because you didn't earn what we wanted you to earn. We know already that you didn't earn the money to pay us, and you won't be able to pay us from jail, either, but that's where you belong.
You can't really even COMPARE THE IRS TO FAMILY COURT AND CHILD SUPPORT...
They're sort of right, in a perverse way..."what good IS an attorney going to do you "
You are saying better than I am. Do you want to post your story as a guest post on this blog?
George,
Thank you for the compliment and offer. I'd like to very much, but may I take a "rain check" on it, until such time as I'm less fearful of court and police retaliation perhaps, by doing so, or maybe after my child turns 18 ?
Thank you also for all you do to inform and educate parents with your writings and site.
that's quite a story and unfortunately quite believable, my case nearly went that way, still in contempt but they "temporarily" reduced my payments. The arrears amount in in the low 6 figures and growing. I'm still underemployed but looks like I'll be getting a lower paying job than the one I used to have 2 years ago. Then who knows, maybe I'll get hit like you were. Was this case in Santa Cruz County?
Yes, my case is in SC county, and it involves many of the same players that George is encountering.
let me guess, you've got Alma Ruiz and Aileen Madera-Correa on your case from support services?
btw, the question is rhetorical, those two are notorious in that dept, which is saying something.
No, I have Caitlin Smith, and Maryanne Avila. It doesn't matter who you end up with there.
I've been told an incredible amount of lies by these folks. They've tried just about everything on me.
Watch out for any of them there. They follow no laws. Thyet're a collection agency without any restrictions, or ethics. Deal with them from as great of a distance as possible, is my advice to you.
yes, I know both of them, too. I've been in support service clutches for a few years now and it's just a downward spiral. I've been bounced around between a couple of their atty's and I believe they rotate the case workers annually. And yes, they make the rules up as they go along. Hang in there. Notice they hide behind bullet-proof glass windows in the lobby? If you create an expectation of adversity and mistrust (and guilty until proven innocent, which never happens), then it stands to reason they're going to feel so paranoid as to work in a high security bunker. CPS is even worse, they're in a locked down basement.
Interesting. I found this post looking for some insight on the plight of fathers out there.
I have so far complied with all court orders thus far, my ex on the other hand seems to continually fail epically. They move with no notice, our joint custody has led to absolutely no coordinated effort in medical needs, school, or any other important matter deemed in the decree. That is just a taste.
My latest issue came with a call from my work's HR department about which type of medical coverage I need for me and my son since I have not elected any coverage. I am retired military and have continued coverage through the military channels at rates significantly lower for more coverage than through my employer. My response was that I had not elected any coverage for that reason. They are simply responding to the court order and do not have any choice but to comply. I have never been asked or contacted as to who my son's provider is, or even if there is active coverage. Last year they randomly put a lien on my home "in case" I failed to provide child support. This said lien caused a delay in the closing of my home last year. Two years ago a withholding order took my entire tax return check because my ex stated she did not receive child support and later admitted she did after I provided proof (no legal action came from her clear deceit). Need I continue?
Well the point is, the system has my back to the wall. Comply or else, but there is obvious gender bias and a steady stream of actions taken which seem to either cause me continuous grief, cost me money, and still have yet to provide me with any recourse to stop her from disobeying the law.
Thanks guys I will get out of your hair now. Good luck and keep up the fight.
I am currently preparing a complaint against Aileen Madera Correa involving her deliberate lies and misstatements to the courts in a child support case.
I am also appealing a motion that was recently given to Correa due to her lies in court. Third I am filing a complaint with the Attorney General's office.
Correa is a NAZI and has no business in the court system or anywhere else besides prison.
If anyone would like to join me please chime in. These thugs can win as long as they are allowed to.
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