Family Law – Part II

FAMILY LAW

Part II – The Fraud

The Foundations Of “Family Law”

By Kenneth C. Wiggins aka “Wiley”

Enter the lawyers. The entire “family law” system is founded on litigation, lots of it, and solely serves to feed the legal community. Much can be said also about that area of “family law” called the divorce industry, but also encompasses the second arm of these courts, called Child Protection Services.

Legal Fraud

The Equity Court Fraud

The first form of legal fraud begins with the “kind” of court that these matters are held in. Family courts are what are known as “equity courts”. The Supreme Court of the United States writes, that “those matters of domestic relations,” encompassing divorce, the custody of one’s children and child support, “which have remedy in the Common Law have no jurisdiction in an equity court.”

The Common Law is also contained in what we call the Constitution. Simplistically, they are courts of “administration,” separate from and wholly different from a Common Law court. All matters in an equity court are held primarily by the rule of the judge. Those “rights” held in the Constitution are factually destroyed when we enter an equity court. No juries, due process is limited at best, and property (including your ownership of your children) is reduced to a chattel value, transferable at the administrative order of a judge.

The Compelling Interest Fraud

Quite simply, the law, well supported by the US Supreme Court, states that the State must first demonstrate a “compelling interest,” and by which claim it may then, and only then, interfere with the “ownership and custody” of a parent’s children. Further, that such a claim must be demonstrated in all of the protections afforded by the Constitution through “due process.” There must be an actual hearing with testimony, witnesses and statements of law, culminated in a “lawful” finding by the court.

It would appear that “everyone knows” that the State has a “compelling interest” in the welfare of children – i.e., the “children’s best interest.” This is the first part of their fraud, because the State simply presumes that authority, without any of the above procedural due process – no hearing, no evidence, nothing. It is called “procedural fraud,” since no “procedure”, no hearing has been held. Further, the State is limited in being able to step in and interfere with the relationship between parent and child, except where it can demonstrate an immediate danger to child exists.

The second fraud appears immediately thereafter, when they “presume” to assign custody of the children, and further presume it to be the mother more than 90% of the time. Again, the US Supreme Court says that “absent a finding of unfitness”, a parent cannot be deprived of the custody and ownership of their children, and that, again, all of the procedural rights of due process must be upheld. Ergo, custody may not simply be “assigned” and then just approved by the court. It must be “demonstrated” in the actual procedure of hearing, evidence, law and then an actual “finding” that asserts that parent is unfit.

The third fraud follows post haste. They demand “child support” from the now disenfranchised parent, most notably fathers. This is the key; it’s for the money. Make no doubt about it; it is not the child support money, but the taxpayer’s money. Child support generally does go to the “custodial parent”, but it is the State and Federal funds that abound for the purpose of “enforcing and collecting child support” that are the real goal of those who “act for the government.”

This third fraud is, at law, no better than the first two. In Civil Law, a “contract”, “debt” or “obligation” is set forth in a “contract,” but apparently not in the supposedly civil “Family Law” system. They won’t show you a contract, and in fact refuse to discuss it. It is “presumed” to exist. They won’t show you the terms, nor discuss the determination of the amount of alleged “debt.” Again, the US Supreme Court clearly states that a “hidden contract is an abhorrent in law.” Nor will they discuss the fact that it is an “unconscionable contract”, one in which no person in their right mind would agree. Probably more importantly is your Constitutional right to contract, which includes your right to not contract!

The fourth fraud in law is that minor little detail called enforcement. Failure to pay child support is stated as a “civil contempt”, ergo refusing to obey a court order. In law, there are two forms of “contempt of court”, first, civil contempt, which is failing to do what the court orders you to do, and, second, criminal contempt, which is doing what the court ordered you not to do. The former is punishable by fiscal sanctions – fines; and the latter by incarceration. Except, of course, in Family Law, where the plain and simple standard is “pay up of go to jail.”

Both the State and federal courts duly uphold that there must be proof “beyond a reasonable doubt” that this alleged contempt was a “willful disobedience” of the court’s order, and further, that the burden of that proof is on the prosecution to show that “an ability to pay exists”, but was willfully disobeyed. Except, of course, in Family Law, where “pay up of go to jail” is enforced almost universally: No hearing, no evidence, and no testimony required.

The Practice of Extortion Fraud

In practice, it is a simple system of collusion abusing the privilege of authority. The “prosecutor” for the child support enforcement system “just does it”, and the judge “just ignores it.” Lawyers, whether willing or unwilling, caught between hell and high water, but fundamentally are an integral part of the fraud.

A couple gets a divorce, and immediately the “presumed non-custodial parent” gets a notice from the child support enforcement officers demanding that they “appear” and reveal their financial information. The State equity courts say this information must be revealed, under penalty of contempt. Federal, constitutional law however says that your Constitutional right to not answer, under the 5th Amendment, extends to all aspects of law, not just the criminal arena. “Too bad”, says the State court, “Answer … or else!”

The “caseworker” determines who gets custody, and how much child support will be paid. Enforcement is immediate. The first three legal frauds discussed above are committed in one basic act, not by a judge, but by a caseworker. The court merely “approves” whatever the caseworker says. Supposedly, that makes it a “legal decision.” Note the lack of any hearing, any evidence or any actual “findings” issued by a court. This is the entire basis of their procedural fraud, simply ignore any actual “procedure” that might demonstrate that essential “due process.”

Ostensibly, the caseworker is required to use “guidelines,” set by the State but regulated by the federal funding mandates, to set the amount of child support. In theory, that is 17% of your gross income for one child, 25% for two, etc. The trick is that they can “impute” your income. The original idea of imputing wages was to catch people who are making more than they claim, but it is commonly and widely used to “up the ante” and increase child support revenues.

Your first instinct is to hire a lawyer and appeal this decision. Lawyers, as “officers of the court” are prevented from arguing for your rights in the Family Courts! Either by “court rules”, a fraudulent misrepresentation by the lawyer in as much as the State’s own published Court Rules make no such mention, or by the retributions of the court and prosecutor aimed at all of that lawyer’s other clients. Basically, their sole function is to “cut a deal” for you, possibly better than the original exorbitant imputation, but still with no bearing on “the truth”.

Since now you are under a court order to pay child support (or go to jail), the odds are that now you can’t afford a lawyer at all. Forget any deals. Neither the prosecutor nor your Ex will present any evidence to demonstrate this fraudulent imputation, and even though you have competent, clear evidence to the contrary. Neither the prosecutor nor your Ex will contend your evidence is false, but the judge will “dismiss” your appeal anyway. This is the procedural fraud of “administrative ruling.” No actual “finding” is made by the court, which would then have to include that evidence and testimony. Judges will even wave away the documentation you have, making you just read it out loud, as a means of keeping it from being entered into your record.

Judges are commonly known to “go home and do some research” and enter that alleged evidence in support of their dismissal. This is further procedural fraud. The judge is “acting for the prosecution”, and then “entering evidence outside of the courtroom.” Both are fundamental violations of every State’s Court Rules.

Needless to say, you appeal that decision again, and of course it is in the same court as before, and of course the result will be the same. In fact, you are required to appeal twice before that court before being allowed to appeal to a higher court, the State Court of Appeals. For 99.9% of the population, this is a daunting task beyond their knowledge and comprehension. Without a lawyer, it seems impossible, and the cost of such an appeal can run $15-20,000, while by now six months of excessive child support payments has made you nearly or completely destitute.

It is called “adjudication by fiscal attrition.” When you go to that Appeals Court, they will not “refund” the excess, nor cease those collections, but merely, and only possibly, reduce those payments to what they should have been all along. “The Law” becomes a matter of whether it is cheaper to pay their “buddy lawyer” for “justice”, or to pay their extortive demands. The bottom line is that most people cannot afford either.

The Extortion Fraud

Ultimately you reach a point where you cannot pay. These courts know that, knowing and expecting you to reach out to friends and family. They are using you as “bait” to “shakedown” the money any way they can. Again, US Supreme Court rulings state that this is clearly illegal and falls under the RICO acts also commonly used against mobsters who use these very same techniques to get money from their victims.

Ultimately, you will end up getting a Show Court Order, demanding that you appear in court and explain why you haven’t paid. When you appear, the prosecutor will not show evidence that you can pay, but instead you are required to show why you cannot. There is ample federal case law that says you “do not have to show what is not”, more case law that says the burden of proof is on the prosecutor, and more case law that says “an ability to pay” must be demonstrated before the penalties of incarceration can be applied.

The prosecutor has access to all of your records, such as employment, banks, etc., and is well aware that you can’t pay the money. They will not present that evidence even though, by law they are required to. Arguing your rights to due process or suggesting they have no evidence of an ability to pay will end up getting you put in jail for contempt anyway. Many States have limits for contempt proceedings, like a maximum of $500, yet it is common for them to demand far more. The only answer the court has is “pay up or go to jail.”

Of course you can appeal this decision too, and of course it is in the same court. You know the answer to that. In some cases, they are known to enter that appeal into the record of your case, but then refuse to answer it, which is gross violation of the State’s Court Rules. Of course you can appeal to the Court of Appeals, but you can expect that to be after you have already done time in jail. Nor does “doing the time” relieve you of the financial demand, and in fact more support “debt” will accrue while you are in jail. They can, in most States, keep putting you in jail, up to a total six months in any given year, making just that much more difficult to even make any payments.

They also can, after three “offenses” put you in jail for up to ten years. After accumulating more than six months worth of child support debt, they can take away your driver’s license and any other “professional” licenses you may hold. Both of these would seem contrary to their supposed goal. You can’t find work or maintain a job without a car, and usually those professional licenses are the means you have of making any money. To understand that, go back to the statement above, that it not about the child support money, but the Federal and State funding.

Paternity Fraud and the Welfare Mom

Two of the most critical abuses of this “Family Law” system involved how women are abusing it. Can’t really blame them, like in the Federal Tax system that provides “loopholes”, this system has holes you could drive a Mac truck through.

Paternity fraud is all too common. Most laboratories that do DNA paternity testing record that nearly a third of those tests come back as “not a match”. This includes married couples. No doubt there are thousands of cases that never get tested as well. Thousands of married fathers have discovered, only after going through a divorce, that another man fathered some of their children. Yet the courts claim that it would disrupt the children’s lives to discover that and is therefore not in the “children’s best interest”. The husband is ordered to continue to pay support for them, and even prevented from telling them on penalty of contempt.

It is common for an unmarried woman who had multiple partners during “the right time” to simply “pick a likely victim” and start prosecuting for the money. Many victims, because they did have sex with her, will not question the claim. While it would seem with the advent of DNA testing that it would be a “logical place to start”, most courts are resistant to insisting on “evidence”, and some even refuse to allow it. Also common, where the first “victim” turns out to not be the father, the women will just keep “going down the list”, until they get one who doesn’t “resist” or is actually proven to be the father. That list of “alleged” fathers, individually all get to pay the costs of testing and attorney fees, not to mention the traumatic disruption of their lives.

Recent cases have also shown that some women have “retrieved” used condoms, even from men they never had sex with, and used the contents to impregnate themselves. The issues of a man’s right to choose to be a father go far beyond the scope of this article. Suffice it to say that, without a wink of consent of the father, a woman can choose to have an abortion, put a child up for adoption, abandon a child at the nearest fire station or hospital, or keep it and make the father pay for its support, often never even seeing his own child. Men have none of those choices, and are limited to the one and only choice, “pay up or go to jail.” The courts have long ignored that this is a clear violation of 14th Amendment rights to “equal treatment under the law” by hiding behind that ever present “the children’s best interest.”

Fraud upon the Constitution

Primarily, the entire system is a fraud; a fraud at law; a fraud in practice; and a fraud against all we stand for in our Constitutional form of government. Practically, it is an invasion of socialism in its most destructive form. Karl Marx, in his portrayal of the utopia of communism, preached the destruction of the family through removal of the family head, the father, and the redistribution of wealth.

“Family Law” is in fact accomplishing those very goals.

The author, once a graphics and web designer, is now just “one pissed-off father”. While not an attorney, he knows “far more than he ever should have to” about law and the workings of our so-called family courts. wiley@madmenunited.org

see – Part I

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