The Disposable Male Disposable Male
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DISCLAIMER:

I am NOT an attorney.
This page is nothing more than my
LEGALLY inept, UNQUALIFIED opinion.
It is my first amendment public statement.

If you need legal advice go consult an attorney.



           This site was built to use Firefox version 45.0.2. I'm sorry if that is an inconvenience, but I'm not a professional web designer. I do all my coding with notepad and it looks OK on my notebook computer. If somebody wants to step up and get involved to help change that, I'm completely open to it. But for now its just only me and this is the way it is. Firefox is an excellent browser and if you desire to check it out you can download it free. You can download the latest version of Firefox by clicking here.

           If you as a reader of this website wish to contribute your knowledge, I welcome it. Help is needed in three areas. Website maintenance, diction and content. It is important that the website is easy to use and that people are able to easily find the information they are looking for. I am not interested in theory. I am not interested in conjecture and the typical theory that permeates the internet. I am only interested in things that actually function. So if your suggestions are not directly tied to a rule that the courts currently recognizes as a rule, I am not interested. You have to read the rules. You have to be a RULE READER! I am well aware that this website contains errors and I would be greatly appreciative if any of you would point those errors out so I can edit them.

           Before you continue reading here, please go to the menu at the left and click on "Understanding Courts" and read that. You are not going to win anything in Family Court. It is their intention to put you through a process. There is a method they use to split up families. It is dictated by statute and its not about being good or bad or fair or just. It is not their intention to consider if some of your Constitutional rights are being trampled upon. They are like traffic court. They are going to process you. They are going to take as much money from you as possible and give it to another citizen to spend with no accountability. Just like slavery. And you need to realize that. It is imperative you get out of the family court system and get into a different court to adjudicate your divorce. Family Court follows a list of executable instructions passed to it from the state legislature. Justice and civil rights have nothing to do with the process. If you are not willing to try to get out of family court... Well then..... Turn your computer off, go get a beer and watch TV. You time will be better spent. Otherwise, go read "Understanding Courts." It is in the menu to the left and then come back here and begin reading the next paragraph.





           OK. You made it back. First off there are several things according to the Federal Child Support Collection Act, here after referred to as "FCSCA," that anyone can do in the immediate future, that will keep them out of jail. It's so much easier to litigate if you know you cannot be sent to jail. Litigation should be fun. If it isn't you are doing it wrong. Your ex has to see you having fun and a good time in court. She has to see your confidence and see that you really are not intimidated and are not afraid. It kind of takes the joy out of her watching you suffer and squirm. It takes the wind out of her sails. It's time for her to be intimidated.



           1:      Consistent payments! According to the FCSCA you cannot be incarcerated for failure to pay support if you have previously been making consistent payments, and dollar amounts DO NOT MATTER. And it is preferable that you make all your payments from this day forward by depositing them directly into your ex's bank account in order to cut the state out of the loop. You have a constitutional right to NOT be forced to form third party contractual obligations. Now is a good time to start enforcing that. According to the FCSCA, Dollar amounts do not matter, only payment consistency. But remember that being REASONABLE ALWAYS MATTERS in a court of law. So if you want to screw yourself over, go to jail and have butt sex with Tatted Bubba, pay her 50 cents a week. Yeah, "That will teach that bitch!" If you have this mindset, you are a loser already. You may as well quit reading this now and go get a beer and watch TV. I know that many of you are currently being garnished to the hilt and I am going to tell you that you need to pay more. At least until you get a change of venue which is our next goal. Every other day or every third day deposit some odd amount into her checking account with a check that you wrote "For child support only" on the back of it.

2:      Retraining for a new career. If you are currently in school to become a butcher, a baker, a candlestick maker or a paralegal, for example, the FCSCA states that you cannot be incarcerated for failure to support. Consider going back to school to retrain for a new career.

3:      Being indigent. You have a right to NOT BE incarcerated for failure to pay child support if you are currently indigent.

4:      Copies of five job applications given to the court every two weeks will save you from incarceration according to the FCSCA.





           OK, now that we don't have to worry about you going to jail our next goal is to change venue. There are limited opportunities to change venue. Once you give your consent to jurisdiction to the court, it is not easy to wrest that jurisdiction back away. You have an opportunity to change jurisdiction before the first hearing by using the rules of civil procedure. Even though a complaint and a summons have been served, by rule, the first order of business is to object to the jurisdiction of the family court. "Objection your honor. I have a right to appear before a court established by the Supreme Court. This family court was established by the state legislature. I wish to enjoy my right or appeal any denial of that right. There is no other business before this court until this matter is resolved. I refuse the jurisdiction of this court and as a consequence cannot argue my case as the rules of judicial administration state that argument implies consent to jurisdiction." (Then cite the rule.) If the states attorney is also present, add to your argument, asking the court take "Judicial Notice" that when the state is a party to a suit against a citizen, the respondent is entitled to a federal venue. Then inform the court that you wish to enjoy that venue or appeal. If the court denies your request or overrules your objection, then motion the court for an offer of proof and have your citations written down on a piece of paper so that the appellate court can consider your issue. You will win either way. This is all established law.

           To give an "Offer of Proof." you would, with the permission of the judge, then turn to the court recorder and say, "Let the record show that Respondent objected to jurisdiction and motioned for a change of venue to a federal court or to a state circuit court and that Respondent supported such motion with whosit vs state of" or whatever case law you came up with. An Offer of Proof is a necessary statement upon the record of the court for the purpose of appeal. Appellate courts are allowed to make decisions based only upon what is on the record. Without the offer of proof, your objection to jurisdiction and your basis in law supporting your right to it would not be on the record because the judge did not approve the motion, there for it was not written down. So basically if you filed an appeal without an Offer of Proof, it would be dismissed, because there is nothing to appeal. Now at this point, both the state as well as the court will know you are not going to be an easy target. They know your appeals are not a waste of money like all the other inexperienced bozos who represent themselves and consistently lose. I'm sorry for not giving you the case law you need, but I am not practicing law here. I am not going to do your legal research or fill out your forms. I am only going to tell you how I see that the system works and let you see forms myself or others used in their divorce litigation. However, if you find useful case law that worked for you, please email it to me and I will list it for others to be aware of and give you credit for sending it to me.

           Now if the Family Court already has jurisdiction, but the state has not yet intervened, you are entitled to a change of venue the minute the state intervenes. It is a violation of the rules of ethics for the state to be both a party to a suit and try the same case in a state run court. But if you failed to object when that happened.......... It's a likely a done deal. You agreed to it and you are screwed. But file your motion for change of venue anyway and see what happens. If it is denied then don't forget your offer of proof. If it is denied, it can still be done. Just be patient. I will eventually cover all the methods I am aware of. But one of the worst things you can do is talk about it to involved parties. Don't EVER do that before you KNOW FOR SURE what you are going to be doing. Awareness is a BIG DEAL to the court. If you reveal that you are aware of something..... Well then the timer begins and will surely run out before you have time to research, organize and act. You will be shooting yourself in the foot. Don't discuss your potential actions or options with involved parties and NEVER ask them a question that you don't already know the answer to. The last thing you want them to do is think about something other than what they normally think about. The more words that come out of your mouth, the worse off you will be.

           Now if the state has already intervened, it may be possible to monkey wrench them into quitting the litigation and then refiling a motion to intervene. I personally did this. I did it using the rules. And it worked like a charm! I made deposits using cashier's checks of differing amounts, 3 or 4 times a week into her personal bank account. Differing amounts makes the money harder to keep track of and if they question you just tell them you love your family and give what ever you are able. Now the rules state, that if she does not forward that money to the state department doing the child support collection that the state will drop her as a client. Then get her to admit she accepted money from you that was depositied into her bank account in the next hearing. That is a violation of the contract she signed with the state. And let the court know that you intend to keep paying child support in this manner. (It is a constitutional right that you not be forced to form involuntary contracts with third parties. Research it for a citation. Tell the court you refuse to contract with the state and that you intend to pay your support directly, writing "For child support only" on the back of every check. (That is a valid contract by the way, if you write that and she keeps the money, then it is legally binding.) But what about your garnishments? Well your honor I have no control over what the state does, only over what I do. I will work to get free of garnishments later, but for now I am supporting my family, my way, with these deposits. The state then asked me for receipts of my deposits. I told them to go fish. I would not cooperate. I told them that if they were having trouble with their client that they should work it out with her, but that I was NOT their client, that I have no business to do with them and that I would never be their client. So the state forced her to turn over her monthly bank statements wherein they saw she kept the money on several occasions as she did not want to be late paying a bill or she wanted to go see a movie or whatever. Well, when the state saw her bank statement, they dropped her as a client. If the state drops your wife as a client, guess what? The state no longer has an interest in your civil divorce. So you must HURRY and file a motion to exclude the state as intervener and have the court kick the state out of the civil suit. If the court refuses then use an interlocutory appeal using the reason that the state and the court are colluding in violation of the rules of ethics to defraud you of money by refusing to give you a change of venue or excluding the state from the suit when the interest stated in their motion to intervene was no longer valid. Remember that if the state is a party to a suit, you have a right to a change of venue so that the court wherein you are litigating does not have both a party and a judge with a common employer. Even if you have to go to a federal district court and file suit against the state, you need to do it. This is now getting expensive fast and the state knows how much money you make and how much they are likely to get out of you and they may bow out at this point. They are well aware that what they are doing is unconstitutional and that they will lose in a federal court. Court is meant to be free or low cost. Look in the rules for the criteria and do whatever you have to do to meet the criteria for reduced or no cost court fees even if you have to quit your job and move in with your mother. You will find most of that criteria in the rules of civil procedure. If you remove the profit margin, the state will likely go away. They are not in the business to operate at a loss.

           Another way to get the state out of your civil litigation is to butter up your ex any way possible and then file a notice of reconciliation, telling the court that you have reconciled. If you are reconciled, then the state has no interest in your civil divorce litigation if the amount of support you have thus far paid exceeds the amount of money the state gave your ex in welfare assistance. Use their own words against them concerning their interest that were written in the states motion to intervene. Then file a motion to exclude the state from the divorce litigation and appeal it if it is refused, just like I said above. Then after you break up again the state will re-intervene and at that point you are entitled once more to a change of venue by rule. The main goal we are trying to accomplish is to take the litigation OUT OF the family court. No other court uses their procedures and we don't want them to. The two main things that need to be accomplished to kill the Bill Clinton Federal Child Support Collection Act is first to get the litigation OUT of family administrative courts and IN to state or federal Courts established by the Supreme Court. And second to provide arguments that will hold up to the opinions of the Supreme Court. Unless the Constitution is toilet paper, this should eventually work to have the entire act declared unconstitutional. Eventually some sainted father will refuse to let the state bow out of the litigation they began. Many people do not know this, but if you start litigation, you can be forced by the respondent (defendant) to ride it to the bitter end. The Respondent can force the petitioner (the state) to remain in the litigation until it is finished! (because they started it) And pay for it too! It is in all the rules. However, my litigation did not have the issues needed to take it up the ladder and destroy the act. I used probate and trust law to fend off the state and force them out of my civil divorce. But the litigation of nearly everyone else does have those issues needed to kill the act its self. My contact information is in the footer on every page. I welcome your constructive critique.

           Now you are going to need to do some legal research to make this all work. Fortunately today we have google. I would use Google Scholar which is a very convenient way to do legal research. You need to learn all about methods used to search google to find relevant support from appellate courts. It has been several years since I have done any legal research so I don't remember enough to list anything useful at this moment, except that I know you can find anything you want if it is on a hard drive somewhere and connected to the internet. For example if you wanted to find the newest Star Wars movie, just type in:

intitle:"index.of" The Force Awakens (2016) (mp4|avi|wmv) -html -php -asp -jsp -epub -mobi

and out pops the address:

http://fs.evonetbd.com/Media/Movies/English%20Movies/2015/Star%20Wars%20The%20Force%20Awakens%20%282015%29/

No need for file sharing software. The movie just sits there on somebodies server. If somebody were to click on it it would be either viewed or downloaded depending upon your browser settings and/or plugins. I am not advocating the stealing of movies. I am only stating that anything can be found if one knows how to do google searches and use all the wild cards and tricks. I am telling you that you need to study hard the google methods for searching. Simply google how to do google searches or google scholar searches and that information will come right up. The same goes for case law. You need to learn how to search for it. You always need to support all your arguments with citations. So start practicing and get out a spread sheet and write down every useful reference you come across so that you can find it in your spreadsheet with a simple word search. And don't forget what your federal circuit court of appeals is. You need to search there for you citations. Do not search other jurisdictions. the citations of adjacent jurisdictions are simply not valid in the court where you live. It is a recipe to lose. Do not use them. For example Utah is in the jurisdiction of the 10th circuit court of appeals. Therefore rulings from other jurisdictions don't mean squat and are not useful or productive and will get a person no results in court, generally speaking. Find out which Circuit Court of appeals covers the place where you are litigating. It is in the menu to the left or just click here.

 


Disposable Male