Ill Father sentanced to 1 year in prison for failure to pay CS

"The state is counting on friends and family to pitch in and pay it,
anything to get their money back, and just a bit extra, for supporting the
mother and children."

The State has never paid a dime to support my child or my well to do ex.
They've done nothing but try to profit from the greed of my ex by charging
10% for money I never made and never could make.

This is stated sponsored extortion in my case. Then my ex being a previously
convicted embezzler makes it abundently clear why she's doing the
unthinkable, unethical, to me.





"Phil #3" wrote in message
...

"Hobbit" wrote in message
...
On Sat, 12 Jul 2003 03:56:06 GMT, "Batch File" wrote:
Yes, the key is "can't afford to pay", not "refusing to pay".
Probation, jail, prison, nothing will change the can't afford to pay
thing. Can't afford means can't afford, what don't these court people
and these prosecutors not understand about not being able to afford to
pay a debt. They are blind idiots, once again makes me sick, sick,
sick. No human being should ever be imprisoned over owing money, no
matter what form the debt takes. It is idiotic and perverse.


The state is counting on friends and family to pitch in and pay it,
anything
to get their money back, and just a bit extra, for supporting the mother
and
children.
Phil #3







"Holcomb said he tries to obtain pleas that result in probation to give
parents who legitimately go through a temporary financial setback or a
mistake in judgment a second chance to take care of their children
appropriately and to be available to their children for visitation."


Why don't we give women a second chance ot get off their lazy asses as
oppose to giving them a free welfare check?

Better yet. Why don't we just jail them like we do poor fathers?

"Dave" dave@freedoms-door wrote in message
...
Joplin man sentenced to prison for failure to pay child support
http://www.joplinglobe.com/story.php?story_id=37546
"..too depressed to work was sentenced to a prison term Monday after
testimony showed that he was diagnosed with major depression.."

"PrchrdnS" wrote in message
...
In a typing test, "gini52" wrote:

"Layne Barlow" wrote in message
.. .
Oh, it's true. It's called double or former jeopardy. Look it up in
your Constitution.

Layne
==
One little problem, Layne--Serial contempt does not constitute double
jeopardy. You might
want to go back to your law library and brush up a little.
==

However while he is incarcerated, the arrearage piles up. This cause him
to
violate the law once again: Entrapment.
==
Source? Case law?
==
==

On Sat, 12 Jul 2003 10:09:55 -0400, "gini52" wrote:


"Layne Barlow" wrote in message
.. .
Oh, it's true. It's called double or former jeopardy. Look it up in
your Constitution.

Layne
==
One little problem, Layne--Serial contempt does not constitute double
jeopardy. You might
want to go back to your law library and brush up a little.
==
==


"Serial contempt" *can* be former or double jeopardy. Depends on the
kind of contempt -- remedial or punitive. Big difference.

Layne

The thing is, contempt gives the judge tremendous power. One man has been in
jail over 7 years for failure to produce community property that she says
exists and he said was lost in a bad investment.


"Layne Barlow" wrote in message
...
On Sat, 12 Jul 2003 10:09:55 -0400, "gini52" wrote:


"Layne Barlow" wrote in message
.. .
Oh, it's true. It's called double or former jeopardy. Look it up in
your Constitution.

Layne
==
One little problem, Layne--Serial contempt does not constitute double
jeopardy. You might
want to go back to your law library and brush up a little.
==
==


"Serial contempt" *can* be former or double jeopardy. Depends on the
kind of contempt -- remedial or punitive. Big difference.

Layne

On Sat, 12 Jul 2003 12:54:59 -0400, "gini52" wrote:


"PrchrdnS" wrote in message
...
In a typing test, "gini52" wrote:

"Layne Barlow" wrote in message
.. .
Oh, it's true. It's called double or former jeopardy. Look it up in
your Constitution.

Layne
==
One little problem, Layne--Serial contempt does not constitute double
jeopardy. You might
want to go back to your law library and brush up a little.
==

However while he is incarcerated, the arrearage piles up. This cause him
to
violate the law once again: Entrapment.
==
Source? Case law?
==
==



Look it up in any state constitution's Bill of Rights. Federally,
it's found in the Fifth Amendment.

On Sat, 12 Jul 2003 16:48:48 -0400, "gini52" wrote:


"Layne Barlow" wrote in message
.. .
On 12 Jul 2003 15:38:25 GMT, (PrchrdnS) wrote:

In a typing test, "gini52" wrote:

"Layne Barlow" wrote in message
. ..
Oh, it's true. It's called double or former jeopardy. Look it up in
your Constitution.

Layne
==
One little problem, Layne--Serial contempt does not constitute double
jeopardy. You might
want to go back to your law library and brush up a little.
==

However while he is incarcerated, the arrearage piles up. This cause him
to
violate the law once again: Entrapment.

Must have hit a nerve here.

More like a catch-22.

Incarceration for a debt creates thin ice for the prosecution and
state,
===
Which is why NCPs are incarcerated for contempt of a court order, not for a
debt.
===
===


Many times wrongfully so. When you've been involved with the courts
for as long as I have you soon discover not a lot of what they do has
much to do with the law. Our obligation is citizens is to return the
courts, kicking and screaming if needed, away from the rule of men and
back to the rule of law our constitutions promise us.

On Sat, 12 Jul 2003 19:33:35 GMT, "Batch File" wrote:

The thing is, contempt gives the judge tremendous power. One man has been in
jail over 7 years for failure to produce community property that she says
exists and he said was lost in a bad investment.



He's a good candidate for federal habeas corpus. Did his appeals
fail?

The problem wit alot of cases I've seen, including my own, is that the
victim either can't afford or is not aware that all these laws have time
limits on them. So by the time they find out or figure it out, they are
screwed with no legal recourse.

That in my opinion, is the biggest flaw in the system. Even a mass murderer
has more rights and avenues of recouse, than a father in a cs fiasco in the
family fraud courts.

"Layne Barlow" wrote in message
...
On Sat, 12 Jul 2003 19:33:35 GMT, "Batch File" wrote:

The thing is, contempt gives the judge tremendous power. One man has been
in
jail over 7 years for failure to produce community property that she says
exists and he said was lost in a bad investment.



He's a good candidate for federal habeas corpus. Did his appeals
fail?

"Batch File" wrote in message
...
That is exactly what happened in my case. No proof, either enter a plea
deal
or go to jail. Some justice.
==
I do not know what the answer is to this. Wish I did. If I were an attorney,
I would argue
fervently, but it probably wouldn't mean a thing to the judge. They decide
how they are going to rule,
attempt to justify it, and move on.
==
==


"Bob Whiteside" wrote in message
thlink.net...

"gini52" wrote in message
...

"Layne Barlow" wrote in message
...
On 12 Jul 2003 15:38:25 GMT, (PrchrdnS) wrote:

In a typing test, "gini52" wrote:

"Layne Barlow" wrote in message
. ..
Oh, it's true. It's called double or former jeopardy. Look it
up
in
your Constitution.

Layne
==
One little problem, Layne--Serial contempt does not constitute
double
jeopardy. You might
want to go back to your law library and brush up a little.
==

However while he is incarcerated, the arrearage piles up. This
cause
him
to
violate the law once again: Entrapment.

Must have hit a nerve here.

More like a catch-22.

Incarceration for a debt creates thin ice for the prosecution and
state,
===
Which is why NCPs are incarcerated for contempt of a court order, not
for
a
debt.
===
===

Due to some issues in my case I was accused of being in contempt of
court.
The DA initiated a contempt proceeding based on the fact "there was a
legal
and lawful order, the party had the ability to pay and willfully ignored
the
court's order."

When you go to court the DA presents the state's version of your payment
history and claims you are in contempt. They never provide any proof of
their assertion a party had the ability to pay. They never offer any
proof
a party willfully ignored the order.

The judges do not hold the DA's to a standard that requires them to
prove
their case. Instead, the judges accept the DA's statements as fact and
force the NCP to prove their innocence. Both the failure to prove the
allegation and the lack of innocent until proven guilty concepts are
ignored
in family court.

That is the kind of garbage that needs to be confronted by the citizens,
and
bar certified lawyers are not willing to challenge the way judges handle
contempt proceedings.