You can go to jail for not paying child support. We all know that. But did you know that you can go to jail while you are paying child support? Friday, a father in El Paso, Texas, April 1, 2016, was arrested at the courthouse while filing for a temporary restraining order against the mother for child abuse even though he was paying child support.
Back in 2014, Clifford Hall, a Houston, Texas father was arrested for paying too much child support.*
Just how far can a court go in making child support orders?
According to the Department of Health and Human Services Department there is a limit to the amount that can be taken from your paycheck. And if they exceed it then they violate the Federal Consumer Credit Protection Act:
“The amount that can be withheld from an employee’s wages is limited by the Federal Consumer Credit Protection Act (FCCPA) to 50 percent of disposable income if an obligated parent has a second family and 60 percent if there is no second family. These limits are each increased by 5 percent (to 55% and 65%) if payments are in arrears for a period equal to 12 weeks or more. State law may further limit the amount that can be taken from a wage earner’s paycheck.” (Click here for a copy of the Child_Support_Enforcment_Handbook from HHS accessed 3 April 2016 online at www in gov)
Ron Palmer argues even further that child support awards are limited by the United States Constitution. He says that before child support can be awarded that the court must first prove that the parent has failed to support their child to the minimum standards and that these minimum standards must be applied to all parents, not just parents going through divorce or single parents who file for child custody orders.
Recently Ron and his wife, Sherry Palmer, filed a federal declaratory judgment lawsuit arguing that child support awards that are made before applying the proper due process entitled to all fit parents are unconstitutional and all statutes authorizing these unconstitutional orders should be overturned. The Palmers also implicate the federal statutes in Title IV-D stating that they entice state courts to make these awards without applying the necessary due process.
You can read more about how the Palmers argue that child support violates the 1st and 4th amendments in their declaratory judgment brief here: Declaratory Judgment Brief Donation Page.
These unconstitutional practices are leading to a culture that disparages and puts fathers down for not maintaining some made up ridiculous financial standards.
Ron and Sherry Palmer
Strategic Parental Rights Strategists, Instructors, Constitutional Scholars, and Authors
Divorce Solutions and Child Custody Solutions
Book: “Not in the Child’s Best Interest” (Book on parental rights and children’s rights)
Book: “Protecting Parent-Child Bonds: 28th Amendment” (Book includes guide for legislators)
Twitter: https://twitter.com/fixfamilycourts (@fixfamilycourts)
Disclaimer: I am NOT an attorney or a lawyer. I do NOT practice law in any federal or State court system. Any information provided by me to you, regardless of how specific, is NOT intended to be legal advice under any state or federal law. I provide research, written strategies, and non-professional personal opinions on the Constitution and State laws as free exchange of politically important information that also serves an important public need and interest allowed under the First Amendment. You are highly encouraged to engage an attorney in your State to help you with the specifics of your legal issues and the law in your State. If you are a pro se litigant then you bear all and full responsibility for understanding the law in your state and acting under the law in your state. Nothing you receive from me is intended to be a “legal” document for purposes of any type of filing in any court. You are free to use my words for your personal non-commercial benefit, or as an aide in petitioning your government for redress of perceived wrongs, if properly cited where appropriate. YOU TAKE SOLE RESPONSIBILITY FOR ANY LEGAL ACTIONS YOU PURSUE AND THE RESULTS THAT YOU GET. I BEAR NO RESPONSIBILITY FOR YOUR RESULTS. MY OPINIONS ARE NOTHING MORE THAN MY PERSONAL NON-PROFESSIONAL OPINIONS OR BELIEFS. I MAKE NO CLAIMS OF LEGAL COMPETENCY IN THE LAW UNDER ANY GOVERNMENT STANDARD OF COMPETENCY IN THE LAW.
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*YouTube video explaining the jailing of Clifford Hall: https://youtu.be/Rz5rlHGvohc and from Scott.net http://www.sott.net/article/271748-Father-sentenced-to-6-months-in-jail-for-paying-too-much-child-support
*Children’s Book: The Night Dad Went to Jail: http://www.amazon.com/Night-Dad-Went-Jail-Challenges/dp/1479521426/ref=sr_1_1?s=books&ie=UTF8&qid=1459737088&sr=1-1&keywords=9781479521425