Getting Locked Up For Owing Child Support Or Attorney Fees

… incarcerated daily for no other reason other than that they are in financial peril and are unable to pay their child support or court ordered attorney fees. Basically, they just do not have the money and cannot afford to follow a court order due to circumstances beyond their control such as; becoming unemployed or involuntarily making less money.

The countries answer to these situations?

Lock the parent up with a contempt charge with an unrealistic purge amount and move on to the next case. They do not give a damn that they are also separating a child or children from a parent unless it is a custodial parent, usually a mother. In fact, in the majority of these contempt cases, "The best interest of the child/children" is never considered nor a part of the ruling. The attorneys and Judges involved could care a less about your children, for there is no money in it for them to care. For if they were to "actually" rule in the majority of all family court case with the most important factor being the "Best interest of the children", the destructive multi-billion dollar Divorce and Child Industry would quickly lose momentum and go out of business, hence: the judges, attorneys, and other social workers livelihoods would be in jeopardy!

Is this really happening?

Some of you out there may laugh and say I don't know what the hell I am talking about, or that there is no way the "best judicial system in the world" could ever do such a thing to their citizens. Well people, I know what the hell I am talking about.

The reality of it….

Last week, of all things, I was incarcerated for owing my daughters mother's attorney one thousand dollars. Below is what happened in a nut-shell so to speak….

SUMMARY OF THE CHAIN OF EVENTS LEADING TO MY INCARCERATION: A Motion to Compel during a Modification of Child Support Trial resulted in an Order of Motion to Compel, ordering me to pay $1000.00 in attorney fees to the opposing attorney. Due to my failure to pay these attorney fees a Contempt of Motion to Compel was filed at which time I filed a Demand for Jury Trial under OCGA 15-1-4. Here’s where it gets somewhat complicated! At the Contempt of Order Motion to Compel hearing the Judge reduced the Order of Motion to Compel to a Judgment Order with the agreement I would dismiss the Demand for Jury Trial, in which I did. Shortly after I dismissed the Demand for Jury Trial, the opposing attorney re-scheduled the Contempt of Order of Motion to Compel for a final hearing in which she told me through correspondence that she would seek more attorney fees and demand that I be incarcerated. I then filed a Motion to Dismiss Contempt. It now appeared that the Judgment Order was non-existent and irrelevant, when in fact it was the Order on Motion to Compel that was non-existent (it was reduced to a Judgment Order). I then went to the Contempt of Order of Motion to Compel final hearing and was found guilty of willful contempt of the Contempt of Order of Motion to Compel (which didn’t exist anymore because it was reduced to a Judgment Order) and my Motion to Dismiss Contempt was pretty much ignored, and I received an Incarceration Order (ordering me to be incarcerated and ordering me to pay almost another $1000.00 in additional attorney fees.) Confused yet????? Well, anyways, the result was that I was incarcerated. Go figure.

Also, in the middle of all of this insanity my daughter’s mother filed a bogus Restraining Order against me. This action by her separated my daughter from me completely for almost 6 weeks until a Judge dismissed it due to the mother testifying that I, in no way what so ever, violated the Family Violence Act of Georgia. And of course she walked out of court with no accountability for filing this frivolous and fraudulent petition, nor did my daughter receive any make up time with her father.

Honestly, if any of you see all of this as something other than complete insanity and harassment, please email me and explain what you make of it, for I am still trying to sort out this ridiculous and complete pile of BS. This deserves to be looked into further.

Concerning the Incarceration Order….

Did it matter that my cabinet business has suffered tremendously in this stagnant economy and depressed North Georgia community? NO! Did it matter that I have applied with numerous businesses here and within the surrounding areas for employment to no avail? NO! Did it matter that in order to pay these attorney fees with the little income I was making I would have to use money I had for child support and fall even further behind? NO! Did it matter that I was unable to pay due to circumstances beyond my control? NO! Did my going through bankruptcy last year matter? NO! I could go on and on, but my point is; it does not matter to these people if you are unable to pay, an order is an order and you are now considered a "criminal" for owing a civil debt of child support or attorney fees if you cannot pay. They will use the gray "contempt" process to unconstitutionally incarcerate you for owing a civil debt, worse yet, you are incarcerated indefinitely or until that debt is purged!

Fortunately my wife had the money to purge this debt and get me released from jail. Unfortunately, it was the money she had to pay our mortgage on our home that is already four months in the red. Now we may lose our home and end up homeless. Does that matter to the court? NO! Does that matter to my daughter’s mother? NO! …. And it especially does not matter to my daughters mother's attorney, for she got her 1000.00 dollars and an award of $976.00 more for prosecuting me and getting me incarcerated. (Which I still have to pay the 976.00 or be in contempt again) Why should this attorney care about the best interest of my daughter? The answer is; there is no money in it for her to care about this little girl caught in the middle. For if she truly cared about my little girl that is caught in the middle of this, much of this insanity that has gone on for years now would cease, thus would thousands of dollars of income for this attorney cease. It doesn't take a team of experts to figure this out; it's plain to see.

The irony of it….

Ironically, I am also financing my own demise due to the fact that my daughter’s mother uses much of my child support payments to pay her attorney, resulting in more harassing, vexatious, and redundant litigation against me. Does this matter to the Court? NO! I now expect a full onslaught and campaign against me for back child support. Will this matter to the court? NO! …. An order is an order and I am behind and unable to keep up with it due to the fact that I am unable to make the amount of income that they say I must. It's very difficult to secure employment in a stagnant and depressed economy, and especially to find a job that will pay what the courts and opposing attorney demand that you should be making. Is this forced labor? Isn't this a form of slavery and against our constitution? Well, it is what it is and it is running rampant, and affecting many people/parents in the United States and abroad.

Am I just whining and complaining?

Now many of you reading this would consider me whining and complaining, possibly just being another pissed off non-custodial parent that doesn’t have anything better to do. Well, I have been known to complain, but being denied due process and justice many times, I feel it is my duty to complain. Watching my little girl grow up being denied her rights and "her best interests" by a money hungry judicial system has angered me in the past but now I am beyond that, now I am basically just disgusted. Also, constantly dealing with vindictive and narcissistic people and radical uncaring attorneys does take a toll on a parent when their children are caught in the middle of these situations. So the answer is yes, I am whining and complaining, yes I am disgusted. Watching your own child suffer and under stress would affect any rational parent in this way, so I do not consider myself unique or unjustified for being upset and/or disgusted. I must admit though, I have been complaining to the wrong people.

What now?

After more than five years I have learned that they are who they are and they are what they are, they have no desire to stop, nor will they. There’s no money in it for them TO SUPPORT the father/daughter relationship as in my case, so they will continue doing what they’re doing. They will only stop when they realize there is no money in it for them and/or their own demented agenda’s become boring and unfulfilling. This goes for the many other parents going through the same related issues…. it’s all about the money not what is in your children’s best interest! There will come a day when justice will prevail and a child’s best interest will actually be the most important factor in a final ruling. I live for that day and I will not stop fighting for my daughter’s rights and what’s in her best interests, and for others in peril, until then.

I have always believed that good DOES overcome evil….and that day will come. Sadly it will never be soon enough.

F.R.A.M.E.D. (Family Rights And Many Ending Discrimination)

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