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Old March 22nd 05, 09:39 PM
Bob Whiteside
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"amb" wrote in message
...

Bob Whiteside Wrote:
"J" wrote in message
oups.com...-
I think the fifty state models could actually help with 14th
amendment
challenges to unfair CS awards. Georgia just declared their
guidelines
unconstitutional, maybe other states could follow? What about a
challenge based on equal protection because state formulas differ so
much? Just a thought....-

14th amendment challenges to CS law have been tried repeatedly using
different legal tactical approaches. While there has been some success
in
getting CS law ruled unconstitutional at the trial court level, the
appellate process has consistently overturned the trial court judges.

The legal logic used by appellate courts is the equal protection clause
is
not intended to provide equality among individuals. Instead, it is
intended
to provide equal application of the laws. Using this logic the courts
rely
on what they call a "rational basis." They conclude the state
legislature
had a rational basis for creating the law to support a legitimate
state
purpose and the law is being applied equitably. (In the case of CS law
the
legitimate state purpose is to provide for the care and maintenance of
children of divorced or separated parents, or in the case of adult
children
attending school, to provide for an educated populace.)

What fathers have been unable to accomplish is to come up with a legal
argument that rises above the "rational basis" and get the courts to
rule
under "strict scrutiny" legal definitions. To get to the strict
scrutiny
level of decision making under the 14th amendment, fathers have to
provide
an argument that they are a "suspect classification" within society.
The
appellate courts have routinely denied all the arguments about fathers
being
a suspect class, and go back to the fact all divorced or separated
fathers
are treated the same way.

I have always thought fathers rights advocates should switch their
legal
tactics away from how fathers are treated to attempts to show children
and
second families are really the suspect classifications. And the
unequal
treatment of subsequent children, step-children, second wives, etc. is
where
the real 14th amendment challenges could be successful.Finally, I agree

with you Bob.....that is what I have been promoting in
second wives group, however they seem placid and refuse to get
involved. The media and thought patterns of society are brainwashing
women that the sole purpose of a man is to pay child support and never
see their kids.....dang...life sucks.....


The courts would be forced to use the "strict scrutiny" standard under
supreme court 14th amendment interpretations if a good argument about
violation of fundamental rights could be put together. There are numerous
instances in our laws where conflicts exist between parental rights and
children's rights. Since parental and children's rights are already defined
as fundamental rights that would be the best tactical way to get at father's
rights issues.

Here is an example - Stepparents have a financial obligation defined under
state law to support stepchildren. But if the CS calculation laws fail to
consider the stepparent's obligation to support their stepchildren, the
stepchildren are deprived of their fundamental right to equal support from a
stepparent. By treating first born children differently than subsequent
children CS law conflicts with the fundamental support responsibility
required under stepparent law.