Child Support obligation to work does not breach Antipeonage Act in USA
I hope the following USA article clarifies this issue for NZ non-custodial parents (fathers). I apologise for using the old Guardianship Act terms, but they do communicate the legal relationships in a straightforward and honest manner, that helps real people to understand the caughtroom behaviour of these not qualified “judges”.
US OCSE Enforcement of Child Support Obligations
“The California Supreme Court reasoned that the obligation of a parent to support a child, and to become employed if that is necessary to meet the obligation, is in no way comparable or akin to peonage or slavery.”
That is exactly like saying that a measured distance of six feet is in no way comparable or akin to a measured distance of a fathom.
This is actually a misreading of the California Supreme Court’s Brent Moss decision. Because the state’s court of appeals indeed found that punishing Moss for employment insufficient to comply with the support order violated the 13th Amendment and the Antipeonage Act, the state’s Supreme Court found that Moss relied in good faith on his rights under those two provisions and therefore AFFIRMED the annulment of the superior court’s contempt finding.
So what the California Supreme Court did was to CREATE new exceptions to the 13th Amendment and the Antipeonage Act based on child support. The way they ducked the involuntary servitude issue was to find that as long as the parent had a CHOICE of employment, being ordered to be employed was not involuntary servitude, peonage, or slavery!
Thus the 13th Amendment, Antipeonage Act, and the Peonage and Slavery Chapter became completely unenforceable! Human traffickers and pimps could avoid such prosecutions by claiming that their victims had at least a theoretical way of paying off their “debts” to them by alternative employment. It is not their fault that “prostitution” was the highest paying form of employment with which to pay off their “debts”.
One reason John McCain and Barack Obama admitted at the Saddleback Church that human trafficking is a huge problem and we need “more legislation” to deal with it.
Well of course! In order to protect the Child Support Crusade, ALL of the antislavery laws had to be NEUTERED!
Here is what we say in response:
As there is no excuse for domestic violence, there is no excuse for violating the Constitution of the United States.
No excuse for slavery, involuntary servitude or peonage.
No excuse for a federal FELONY!
No excuse for imprisonment for a debt.
The difference between imprisonment for a debt and imprisonment for noncompliance with a court order requiring the payment of money is equal to the difference between six feet and a fathom.
No excuse for denying any person the equal protection of the law, including the equal protection of state constitutions that prohibit imprisonment for debt.
No excuse for unreasonable support orders.
No excuse for Nuremburg Law type restrictions upon those unable to comply with unreasonable support orders.
No excuse for the government sponsored hate campaign against a class of citizens.
I know that some people don’t like being made into slaves, so that there is a serious side to this topic.
Nonetheless, if you try to follow these “legal arguments” then you will only drive yourself crazy.
Essentially, you cannot progress your life, if you try to take these legal clowns (or “judges” as they like to be called) seriously. Bob Moodie really put this all into sensible and wise contrast. The more you see of these comedians, the less respect for their skills is engendered.
If anyone would like to read the complete article, please EMAIL me and I will send it to you.