Fighting Child Support as Unconstitutional - Any Merit?

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Re: Fighting Child Support as Unconstitutional - Any Merit?

Unread postby Beatandtired » Tue Nov 14, 2017 4:15 pm

When you had unprotected sex with someone, you indirectly signed a contract that whatever came as a result of that interaction, you would be responsible for its wellbeing. If your relationship ends, then you don’t suddenly get to renege on that contract.


In my case it was with my wife whom I was married to for 14 years. She chose the divorce, I did not. I fought from day 1 for 50/50 custody and I would gladly accept 100%.

I would be responsible? If my ex wife dies (and I pray for it every day) I would be happy to be 100% responsible. As long as she is alive I would assume that I would only be 50% responsible.

It sounds like you don't understand contract law:

Q: Is there anything that must be present in every contract?

A: Yes. Regardless of the type of contract or the specific terms, every contract requires an offer, an acceptance, competent parties, and consideration. In this context competent means that all parties to the contract understand the legally binding effect of signing a contract. Consideration is the legal term for an exchange of goods or services between the parties. For example, if you offer to sell shoes to someone for $50, the consideration is shoes by one party and money by the other party.

Q: Why is it a good idea to get contracts in writing?

A: A written contract allows each party the chance to fully understand his or her obligations under the contract, and ask any questions about the terms before signing. It also allows each side to seek out guidance from an attorney to see if there are any problems or ambiguity contained in the contract. Finally, if a lawsuit ensues, a written contract provides the court with the exact terms of the contract, instead of each party giving its interpretation of the terms.

I would ad equal protection under the law is being violated. The mother is automatically considered the custodial parent while the man is usually termed the non-custodial parent and obligor.
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Re: Fighting Child Support as Unconstitutional - Any Merit?

Unread postby TJinCA » Tue Nov 14, 2017 4:19 pm

It sounds like your argument is that all child support should be voluntary--is that it?

It would be a lovely world if all divorced parents could come to a mutual agreement on how much each was expected to contribute to supporting their kids on a month-to-month basis, the same way that parents in a cooperative, loving, intact marriage would normally do.

Unfortunately we don't live in that world. There are deadbeat dads out there, and there are gold-digga moms, and a whole spectrum of conflict in between. The state is not interested in refereeing that on a case-by-case and month-by-month basis, and not everyone can be expected to do "the right thing" (or even agree on what "the right thing" is) without state intervention. So the state comes up with child support and spousal support guidelines and issues more or less generic support orders that they consider to be more or less fair for a majority of situations.

If you think your specific orders are unfair for your specific situation you need to take that up with the court, explain why an alternative would be more fair and get the orders modified.

If you think the system is unfair you need to take that up with your state legislature and get them to change the laws in your state.
Last edited by TJinCA on Tue Nov 14, 2017 4:26 pm, edited 1 time in total.
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Re: Fighting Child Support as Unconstitutional - Any Merit?

Unread postby TJinCA » Tue Nov 14, 2017 4:24 pm

Beatandtired wrote:
I would ad equal protection under the law is being violated. The mother is automatically considered the custodial parent while the man is usually termed the non-custodial parent and obligor.


I don't know where you live but in California that's not true at all. Some judges may have individual biases but I believe the CA Family Code is entirely gender-neutral on the subject.

That said, if the couple has designated mom as the primary caregiver during the marriage and dad as the primary breadwinner, the couple has mutually created a situation where the court is likely to view a continuation of this arrangement after divorce as being in the best interests of the kid(s).
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Re: Fighting Child Support as Unconstitutional - Any Merit?

Unread postby Beatandtired » Tue Nov 14, 2017 4:32 pm

If you think your specific orders are unfair for your specific situation you need to take that up with the court, explain why an alternative would be more fair and get the orders modified.


You mean the same Child support enforcement agency Kangaroo Court that took three years to realize I would be fine as a 50/50 dad, and while I waited $27,000 was added to my arrears that I could not afford, spent a week in jail, lost my business license and drivers license to, while dealing with a stress induced heart condition and vision problems that created significant medical bills that my insurance would not cover?

So you think court is always fair? You are living in la la land my friend. This < feces > is broken and it's time for a revolution.
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Re: Fighting Child Support as Unconstitutional - Any Merit?

Unread postby Fatheroffour » Tue Nov 14, 2017 4:39 pm

It's a court of law, not s court of fair.
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Re: Fighting Child Support as Unconstitutional - Any Merit?

Unread postby Beatandtired » Tue Nov 14, 2017 4:47 pm

It's a court of law, not s court of fair.


Do you know how absurd that sounds? The law should be fair. And if it's not it should work towards being fair.

I certainly understand nothing is fair but I think it's criminal what the child support enforcement agency does to fathers, and probably some mothers as well.

We're all human, and humans should not be stripped of their dignity when they've done nothing wrong.

The system was probably broke from the get go, it's disgusting. I just didn't realize it till I was 47 years old and got sucked into it for the first time in my life.
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Re: Fighting Child Support as Unconstitutional - Any Merit?

Unread postby Trevor » Tue Nov 14, 2017 5:10 pm

If you don't like how your state handles CS obligations and parenting time assignment, then join the campaign teams of those state legislative candidates who would change the state statutes that the citizens of your state made sure were enacted by voting in those who passed such legislation. Or you can join a lobbying group to effect the change.

A "social contract" is not the same thing as a business contract. And a court order isn't either one. You seem confused about these things.
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Re: Fighting Child Support as Unconstitutional - Any Merit?

Unread postby Cheatinganddivorce » Tue Nov 14, 2017 5:26 pm

Beatandtired wrote:
When you had unprotected sex with someone, you indirectly signed a contract that whatever came as a result of that interaction, you would be responsible for its wellbeing. If your relationship ends, then you don’t suddenly get to renege on that contract.


In my case it was with my wife whom I was married to for 14 years. She chose the divorce, I did not. I fought from day 1 for 50/50 custody and I would gladly accept 100%.

I would be responsible? If my ex wife dies (and I pray for it every day) I would be happy to be 100% responsible. As long as she is alive I would assume that I would only be 50% responsible.

It sounds like you don't understand contract law:

Q: Is there anything that must be present in every contract?

A: Yes. Regardless of the type of contract or the specific terms, every contract requires an offer, an acceptance, competent parties, and consideration. In this context competent means that all parties to the contract understand the legally binding effect of signing a contract. Consideration is the legal term for an exchange of goods or services between the parties. For example, if you offer to sell shoes to someone for $50, the consideration is shoes by one party and money by the other party.

Q: Why is it a good idea to get contracts in writing?

A: A written contract allows each party the chance to fully understand his or her obligations under the contract, and ask any questions about the terms before signing. It also allows each side to seek out guidance from an attorney to see if there are any problems or ambiguity contained in the contract. Finally, if a lawsuit ensues, a written contract provides the court with the exact terms of the contract, instead of each party giving its interpretation of the terms.

I would ad equal protection under the law is being violated. The mother is automatically considered the custodial parent while the man is usually termed the non-custodial parent and obligor.


I made a commitment to my wife, and then secondarily my child when we married. Just because we are getting divorced doesn’t mean my hold should suffer a depreciation in her lifestyle. I cannot do a 50/50 arrangement with my career - which funds the whole situation. It just seems to me that people are trying to get away with the minimum payment. My child support and alimony are going to run at around 250,000 per year.
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Re: Fighting Child Support as Unconstitutional - Any Merit?

Unread postby Trevor » Tue Nov 14, 2017 8:02 pm

Cheatinganddivorce wrote:I cannot do a 50/50 arrangement with my career - which funds the whole situation. It just seems to me that people are trying to get away with the minimum payment. My child support and alimony are going to run at around 250,000 per year.

And yours seems to be at the other end of the spectrum. Is your child getting her money's worth, compared to what would be her lifestyle with Daddy around half the time? [Rhet.]
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Re: Fighting Child Support as Unconstitutional - Any Merit?

Unread postby massdad1234 » Tue Nov 14, 2017 8:46 pm

which one was it?
Cheatinganddivorce wrote:I made a commitment to my wife, and then secondarily my child when we married.

Cheatinganddivorce wrote:I cannot do a 50/50 arrangement with my career
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