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Alimony and Child Support

May 16, 2012 By Maricopa County Court Leave a Comment

Alimony and child support will depend on which state you live in, how many children are involved and monthly income and expenses for both parties.

For tax purposes, child support is not income to the receiving parent and is not deductible to the parent paying it. Spousal support (alimony) is periodic support payments made to a spouse in divorce on a temporary or permanent basis.

Key Financial Issues: Child Support

In every state, there are formulas that determine the amount of child support it is necessary to pay. These formulas are called “guidelines.” Despite the mechanical nature of the calculations, there are points of flexibility.

Child support is not always simply the application of a formula. Here are some of the reasons:

1. At high levels of income, the guidelines typically do not apply. The level of income at which guidelines cease to apply varies from state to state.

2. There may be disagreements about what constitutes “income,” especially if a party is self-employed, or the income varies widely from year to year.

3. A spouse may be deliberately under-employed. Then a judge may “impute” income to that spouse.

4. In all cases, the parties may negotiate a child support different than the guideline amounts. A judge will generally approve the negotiated outcome unless it is clearly unfair to one party.

Key Financial Issues: Alimony

Unlike child support, which has a significant state involvement, alimony is almost always purely the result of the negotiation between the parties. In a few states, there are alimony formulas. But even there, the alimony calculated is usually intended to be only temporary.

Different states have different attitudes to alimony. Some states are inclined to award lifetime alimony after ten-year marriages in which the recipient stayed home and supported the family. Other states are not inclined to award any alimony at all, or will award alimony of only a few years. It is intended to allow the recipient to train for a career (often called “rehabilitative” alimony).

Seeking Legal Advice

When seeking legal advice, remember vast majority of attorneys are trained in legal matters and not financial matters such as taxes, investments, retirement plans, financial forecasting and financial planning in general. The divorce decree will have a lasting impact on your financial situation for years to come. Best advice I can offer is “be prepared”, know how every financial proposal in the divorce process will impact you both in the near as well as long term.

Daniel Iuculano a Certified Financial Planner offering a wide range of financial services which includes investment portfolio management and divorce planning.

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Bugging and Tape Recording Conversations in Arizona: Is it Legal?

May 9, 2012 By Maricopa County Court Leave a Comment

By Trent Wilcox -

Lawyers often receive inquiries about the legalities of recording phone or other conversations in Arizona. In particular, the issue frequently arises in family law cases where child custody is at issue. Related to the recording issue is the “bugging” issue.

There are a number of variables that affect the answer to the central question, whether it is legal to either record or even bug conversations. First, bugging and recording are two different issues under Arizona law, often related, but also potentially very different under the law. Second, the laws regarding bugging and recording vary significantly by jurisdiction so what is legal in one state may be illegal in another. As well, the federal law may vary from state laws.

The following is a very brief analysis of the bugging and recording law in Arizona:

A. Bugging, otherwise known as wiretapping, typically means placing a device on a phone that allows one to eavesdrop on a conversation or other transmission. Bugging by a private party is considered illegal almost all of the time for two reasons primarily: First, it allows someone to listen to a private conversation between two or more unsuspecting parties. Second, bugs are usually placed without permission so you have a number of infractions inherent in such trespass-like activity. If you suspect someone has placed a bug on your phone or other device, you should call the police.

B. In the case of a telephone or in-person conversation, recording simply means making a copy of the conversation between two or more people. Recording is illegal in Arizona if NO party to the conversation knows that the conversation is being recorded. However, in Arizona, and this varies by state, if one party to the conversation knows that the conversation is being recorded, it is not illegal. Thus, if someone tape records a phone call or conversation involving him/herself and another person, even one who is unaware of being recorded, that’s legal in Arizona. If the same person taps into a phone line and records a conversation between two people who are unaware they are being recorded, it is ILLEGAL. Arizona and federal law are similar in this respect; however, recording conversations is illegal in certain other states unless all parties know of the recording and consent. There may be some cross-jurisdictional issues involved when tape recording a conversation across state or national boundaries. Prior to tape recording, I recommend that you consult an attorney in the appropriate jurisdiction.

In summary, bugging/wiretapping is always illegal while tape recording is legal in Arizona as long as one party to the conversation is aware the conversation is being recorded. However, don’t make assumptions about the law in other states -consult an attorney to determine what is allowed.

Wilcox & Wilcox, P.C.

Trent Wilcox

For the Firm

Phoenix office:

3030 N. Central Ave., Ste. 705

Phoenix, Arizona 85012

Ph: 602-631-9555

Fx: 602-631-4004

Goodyear office:

1616 N. Litchfield Rd., Ste. 240

Goodyear, Arizona 85338

Ph: 623-344-7880

Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com

Check out our web log: http://www.arizonafamilylaw.blogspot.com

Disclaimer: Providing the above information does not establish an attorney-client relationship. To create such a relationship, both the attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota. Information in this article may apply only to Arizona.

Attorney Trent R. Wilcox is the managing partner of Wilcox & Wilcox, P.C. Mr. Wilcox practices in the areas of family law, employment disputes and general civil litigation. Mr. Wilcox is admitted to practice in the Arizona state court and federal district court and is a member of the Maricopa County, Arizona State and American Bar Associations.

Mr. Wilcox has worked closely with the National Center for Missing and Exploited Children to return abducted children to the custodial parent. He has assisted parents in cases brought under The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.

Mr. Wilcox plays golf professionally when time remains after family and the demands of the law office have been met and currently carries a +3.9 handicap.

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Filed Under: Child Custody, Family Court Tagged With: Arizona, bugging, Family Law, lawyers, recording conversations, tape recording, taping, wiretapping

Paying Child Support While In Prison

May 8, 2012 By Maricopa County Court Leave a Comment

By Clifford Young -

When a divorce arises between parents the problem of child supports will also arise. Imprisonment of any party especially if he/she is the non custodial parent is a very big problem that will arise in any court order regarding paying child support while in prison. When a non custodial parent is imprisoned he/she must notify the court for some modification and one of the main reasons that the support will be stopped. When they did not notify the court all the parties involved will suffer, but most of all the child is the one who will be affected by this problem.

Paying child support while in Prison is one problem that must be dealt with in court if it arises. Even if, in some states the judge is allowed considerable leeway in settling the actual amount this can be a very big problem because it’s really difficult to determine the proper amount if the party is in prison and no income is available for support. When this happens the parties involved must notify the court at once for some modification due to changed circumstances, most of all if it involves income or monetary value. When this happens the court must involve some guidance councilor to give advice to the parties especially the child who is the most important party being affected.

Child support while one party is in Prison must be given preferable attention especially when determining who will be paying child support while in Prison and who will be the non custodial parent by reviewing some aspects like the needs of the child, including health insurance, education, day care and special needs, the income and needs of the custodial parent, the paying parent’s ability to pay and most of all the standard of living of the child before divorce or separation. When a court sets child support, it often considers the family’s pre-divorce standard of living and attempts to continue this standard for the children, if feasible. Courts are aware of the difficulty maintaining two households on the income that formerly supported one home. Maintenance of the same standard of living of the child is more of a goal than a guarantee. In some manners this is a crucial job that they must do.

It’s not really a guarantee that child support based on the previous standard of living can be maintained but the court will really try their best to give that. Unfortunately when this unavoidable circumstances happens like the imprisonment of one party especially if he/she is the custodial parent they cannot do anything but accept the truth that child support is already impossible to be realized and so the act of paying child support while in Prison.

Clifford Young is an accomplished niche website developer and author. To learn more about paying child support while in prison, please visit You and Your Child’s Relationship Today for current articles and discussions.

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Filed Under: Child Support, Family Court Tagged With: arizona child support, Child Support, paying child support from prison

Benefits To Raising Children In Arizona

May 2, 2012 By Maricopa County Court Leave a Comment

By Manuel Wiggins -

Childcare plays a main task when it comes to giving help for the custodial parent’s child or kids. Nowadays, a functioning one parent ought to offer for there kids the finest way probable. The Division of Arizona Child Support Enforcement (DCSE) supports custodial in addition to non-custodial parent launch, bring together, and implement kid support expenses.

Applying for Child Support Laws

Kid support facilities are presented to custodial as well as non-custodial parents. These facilities offer the custodial parents help launching parenthood and kid support, situating non-custodial parents, as well as implementing the Arizona kid support rules. These facilities are mechanically offered for families who are receiving public assistance on the Temporary Assistance to Needy Families (TANF) plan. Parents who aren’t under the plan can even get free amenities from (DCSE) by completing a request to have kid support implementation services offered for you.

When completing the request, be ready to offer details like the non-custodial parent’s complete name, the address, and a SSN, an address of their fresh owner, details on the non-custodial parents proceeds or some property they might get.

Establishing Child Support laws

While launching kid support, DCSE agency will act with custodial as well as non-custodial parents. While kid support is recognized, the court will decide the quantity of cash a non-custodial parent will give every month. The court will too determine that parent will offer medicinal assistance for child or kids.

Enforcing Arizona Child Support Laws

While the non-custodial parent ignores paying there kid support compulsions, Arizona DCSE will implement numerous ways to inspire the parents to compensate. These ways contain profits withholdings; latest employ reporting, liens in opposition to some assets they might have, deferment of driver’s certificate, ID denial, and interception of whichever the lottery winnings. There are numerous other ways also to implement the Arizona kid support regulations.

Modifying Child Support Laws

While conditions turn up like if parents are unwaged from their work, they can apply for a kid support appraisal. The application must be completed in writing as well as have a suitable motive as regards why the appraisals must be observed by the courts. It can take about 6 months sooner than mothers and fathers will understand result of the kid support adjustments.

So you got to be sure that sometime or the other you got to pay attention to the requirements of children and give in lots of time to their emotional and physical needs and requirements, which will ultimate build up their confidence level without too much of a problem and in long life help them to grow with lots of confidence and fun to take on the challenges of life with no worries.

Manuel Wiggins is an accomplished niche website developer and author. To learn more about raising children [http://firstbabyonline.info/help-your-baby-speak-better] visit First Baby Online [http://firstbabyonline.info] for current articles and discussions.

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Filed Under: Child Support, Family Court Tagged With: Child care, Child Support

Child Support Obligations During Bankrupt

April 24, 2012 By Maricopa County Court Leave a Comment

By James Witherspoon -

Individuals who declare bankruptcy may hold the belief that all of their debts will be wiped away. Unfortunately, this is not always the case. One debt that many bankrupted individuals are left with is child support in arrears.

Child support in arrears simply means past due payments. In other words, the individual has failed to keep current on support payments to his or her child’s custodial parent. When individuals fail to pay these obligations, they are not simply forgotten; a balance accrues.

After a while, this balance can get out of hand, leaving individuals with thousands of dollars in debts. Often times, the only way to recover from this massive debt is to declare bankruptcy. There are many important things about the relationship between bankruptcy and child support.

For one, as previously mentioned, child support debts, and future payments, do not go away. There is no automatic stay on these types of payments, as there is on other required payments. As such, individuals are required to keep current on these payments even when they are trying to repair their finances.

Additionally, since child support in arrears does not go away, individuals will still need to raise the money to pay off their obligations. An individual cannot work out a payment plan or settle the debt as he or she can with other debts.

It is important to note that after past due payment have been paid in full, individuals may be able to petition for support modifications. In these cases, individuals who have declared bankruptcy may be able to reduce the amount of future payments.

To learn more about the relationship between required payments and bankruptcy and what you are accountable for, discuss your case with the Arizona bankruptcy attorneys of the Harmon Law Office, LLC, today.

James Witherspoon

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Filed Under: Child Support, Family Court Tagged With: bankruptcy, Child Support, child support and bankruptcy, maricopa county family court

How to Choose a Family Law Attorney

April 18, 2012 By Maricopa County Court Leave a Comment

By Michael Zmijewski

Speaking with a family law attorney is a tough decision to make. But even tougher is knowing whom to hire when legal advice is needed. Many people feel desperate and hire the first family law attorney they find in the Yellow Pages. While some people get lucky doing it like this, it is more likely that individuals become frustrated and extremely dissatisfied with the final outcome. This dissatisfaction and frustration can be completely avoided by knowing how to choose the right family law attorney to help.

The relationship between the attorney and the client is a personal one as most family law cases are very delicate and sensitive in nature. These cases deal with marriages and/or children, so it is extremely personal. If an individual is not comfortable speaking about these highly personal matters with an attorney, look for a new one. It is okay to be selective. The attorney needs to listen and provide a feeling of confidence that they are competent and able to properly represent.

When an individual needs to have a surgical procedure done, they go to a specialist, not a general practitioner. The same is true about attorneys. While any attorney may state that they are competent enough to handle a divorce or child custody case, it is essential to locate an attorney that does nothing but family law. This ensures they know the “ins and outs” of the law in this field and are up to date on all new laws and regulations. When selecting an attorney, individuals should ask the attorney how many cases they handled similar to their own, if they are a member of the family law section of the state bar association, and if they have practiced family law in a specific county.

The right family attorney will make the time for the client. If they seem too busy to provide 100 percent of their attention to the case, look for a new attorney. To find out about their commitment to the case, ask them questions such as how many cases they are actively involved with right now, their policy regarding returning emails and phone calls, and how often they communicate with clients.

Many people think they need a shark in the courtroom when it comes to family law cases, but often times the peacemaker is the best family law attorney. Individuals should want an attorney that will settle the conflict without it having to see a courtroom. People should think about it like this, the longer the fight goes on, the more money the attorney will make. A shark tends to create further conflict, making it longer to settle on an agreement. Do not underrate civility.

The last item to think about when choosing the right attorney is their fee. While this may seem like an uncomfortable topic, it is vital to discuss fees. The fee agreement needs to be in writing and provide details as to the representation the attorney will provide. Ask questions such as what is the hourly rate, how often are invoices received, what billable rates are for others that may work on the case, and how to keep fees to a minimum.

Our experienced Orlando Family Law Attorney can help to guide you through the process of separation, divorce, property settlement, alimony, child custody and child support, visitation, adoption, dependency and domestic abuse – injunctions. Our Orlando Family Law Attorneys offer the aggressive, compassionate and assertive advocacy you need to accomplish any legal objective. For more information, please go to [http://www.orlandofamilylawattorney.net]

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Filed Under: Family Court Tagged With: Child Custody, Divorce, Family Court, family law attorney, maricopa county family court

Child Support in the Arizona Family Court: How Do Social Security Benefits Affect Calculations?

April 12, 2012 By Maricopa County Court Leave a Comment

By Trent Wilcox -

Social Security benefits can affect child support in two ways. First, if either the parent paying child support (the “obligor”) or the parent receiving child support (the “obligee”) receives Social Security benefits, the Arizona Child Support Guidelines require that the Social Security benefits be included in determining either parents income. Thus, the Social Security benefits help to determine the initial child support obligation.

Second, the Social Security benefits can affect the amount of child support that must be paid out of pocket by the parent paying child support. Section 26 of the Arizona Child Support Guidelines addresses this issue and states verbatim as follows:

A. Income earned or money received by a child from any source other than court-ordered child support shall not be counted toward either parent’s child support obligation except as stated herein. However, income earned or money received by or on behalf of a person for whom child support is ordered to continue past the age of majority pursuant to Arizona Revised Statute Sections 25-320.B and 25-809.F may be credited against any child support obligation.

B. Benefits, such as Social Security Disability or Insurance, received by a custodial parent on behalf of a child, as a result of contributions made by the parent paying child support shall be credited as follows:

1. If the amount of the child’s benefit for a given month is equal to or greater than the paying parent’s child support obligation, then that parent’s obligation is satisfied.

2. Any benefit received by the child for a given month in excess of the child support obligation shall not be treated as an arrearage payment nor as a credit toward future child support payments.

3. If the amount of the child’s benefit for a given month is less than the parent’s child support obligation, the parent shall pay the difference unless the court, in its discretion, modifies the child support order to equal the benefits being received at that time.

C. Except as otherwise provided in section 5.B, any benefits received directly, and not on behalf of a child, by either the custodial parent or the parent paying child support as a result of his or her own contributions, shall be included as part of that parent’s gross income.

The interpretation of Section 26, above, minus some of the legalese, is really pretty simple:

A. If a child receives benefits from a source outside of the parent paying child support, it will not normally diminish the paying parent’s child support obligation unless the Arizona Child Support Guidelines provide a specific exception. However, if a mentally or physically disabled child receives child support past the age of majority, those amounts may be credited toward the paying parent’s child support obligation. Notice this is a “may” and not a “shall,” meaning that the court has discretion in this child support matter.

B. If a child receives benefits, such as social security or insurance, because the paying parent made the child eligible to receive such benefits by paying into the system, those amounts will be credited toward the paying parent’s child support obligation in the manners described. Notice this is a “shall” and not a “may,” meaning that the court has no discretion in this child support matter.

C. As mentioned above, a parent who receives payments directly on his or her behalf must include those amounts in income totals used to calculate child support. However, the exception to this provision is provided by the Child Support Guidelines Section 5(B) which states, “Gross income does not include sums received as child support or benefits received from means-tested public assistance programs including, but not limited to, Temporary Assistance to Needy Families (TANF), Supplemental Security Income (SSI), Food Stamps and General Assistance.”

Wilcox & Wilcox, P.C.

Trent Wilcox

For the Firm

Phoenix office:

3030 N. Central Ave., Ste. 705

Phoenix, Arizona 85012

Ph: 602-631-9555

Fx: 602-631-4004

Goodyear office:

1616 N. Litchfield Rd., Ste. 240

Goodyear, Arizona 85338

Ph: 623-344-7880

Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com

Check out our weblog: http://www.arizonafamilylaw.blogspot.com

Attorney Trent R. Wilcox is the managing partner of Wilcox & Wilcox, P.C. Mr. Wilcox practices in the areas of family law, employment disputes and general civil litigation. Mr. Wilcox is admitted to practice in the Arizona state courts and federal district court and is a member of the Maricopa County, Arizona State and American Bar Associations.

Mr. Wilcox has worked closely with the National Center for Missing and Exploited Children to return abducted children to the custodial parent. He has assisted parents from various countries in cases brought under The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.

Mr. Wilcox plays golf professionally when time remains after family and the demands of the law office have been met and when he gets a chance to practice, carries a +3 to +4 handicap.

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Family Law: Law That Deals With Family Related Issues

April 6, 2012 By Maricopa County Court Leave a Comment

By Anna Woodward -

If you are in need of a family lawyer to handle your divorce, or matters that stem from your divorce, you should get expert legal representation from an experienced and knowledgeable attorney. Dealing with divorce issues can be both difficult and emotionally draining, which is why it is important to get an attorney to handle your case that has extensive experience dealing with family law cases. This may be the best solution to help you make rational, clearheaded decisions that will benefit all involved.

A family lawyer can be just what you need to get an objective advice at this time. If you are looking to file for divorce, make sure you have an informed family law attorney on your side. Some of the areas this lawyer can help you with on your case include:

Negotiating custody and child support issues, helping you to maintain your desired maternal rights, resolving property issues, helping with special issues that are specific to your needs.

A family law attorney is also an excellent choice when you need someone to handle a child custody issue you are facing. Child custody issues include determinations involving a minor child or custodial awards. The determinations of who gets custody of a minor child involve legal custody or who had the right to make a decision concerning the child. The kind of attorney you need for case like this depends on what your goals are. If you and your spouse are not able to come into agreement on a child custody arrangement, you need a lawyer that has a reputation for adversarial, difficult divorce disputes.

People may also need a family law attorney to handle and adoption issue. The laws that surround an adoption differ from state to state and you are going to need to work with an attorney that is knowledgeable about your states adoption laws. This is true even if you decide to adopt from a private person or through an adoption agency. Additional cases that may call for a person hiring a family attorney include: alimony, premarital agreements, abuse or child neglect cases, grandparent’s rights, visitation rights, paternity, and drug or alcohol abuse.

It can be complex, exhausting, and difficult going through a family law matter and having great legal representation can increase the chances you get your desires met. If you want someone that will fight aggressively for issues that will affect the rest of your life, hire an attorney that has a reputation for compassion, expertise, and success.

A Houston family law firm has experienced professionals to aid with family legal issues. To find out more about making an appointment, visit: http://www.thrashlawhouston.com.

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Filed Under: Family Court

A Look At A Child Support Law Firm

March 23, 2012 By Maricopa County Court Leave a Comment

By Anna Woodward -

A child support law firm is the place to turn to if you are getting divorced and have issues pertaining to your child and payments that need to be worked out. A lawyer at this facility will be able to help you with the arrangements you need to make in regards to your child or children.

Child support is support that is ordered by the court and it is paid by the parent who does not have custody of the children (known as the non-custodial parent) after the couple has gotten a divorce. Another way of putting it is to say that it is money that a parent must use for the health and well being of the child. The money helps to pay for the child’s care, as well as the education and support of the child. The child support law firm will help to figure out all of the details concerning how much support is to be paid to the custodial parent for the children and when it will be paid.

Once the support for the child has been set it remains in place until the child reaches an age to which it is no longer required. However it can be modified if a change takes place in the financial situation of either the parent that pays or the parent that receives the support money. For instance if a parent losses his/her job or finds a higher paying position this can be cause for adjustments to be made. If the educational expenses of the child go up this will be taken into consideration by the courts. Any type of financial alteration should be brought to the attention of the child support law firm and from there modifications can be put into effect.

Following a divorce many parents are very worried about issues surrounding child support. A lawyer at a child support law firm can answer all of the questions that you might have and can help to allay your anxieties and fears. Both parents want to resolve the question of who will get custody of the children, what type of custody arrangement will be made and how will the support for their child be distributed. The court takes the best interest of the child or children into consideration and also wants to be as fair as possible to both parents.

When parents are together and married there is no need to have a discussion about who supports the child financially because the family is coherent. However when a couple dissolves their marriage then their property and money become separate and it is necessary to determine who will make payments. These payments are essential and are geared at providing the children with the same level of financial security that they would have if their parents were still married.

Finding a the appropriate lawyer can provide you with all of the information that you need in regards to this important matter. Those who work at this type of law firm are qualified and experienced in all of the laws regarding child support and can offer you the assurance you need. They can also offer you the guidance and support to help you meander your way through this difficult period of time.

A Lorain child support law firm can provide you with professional and knowledgeable legal counsel. For more information, visit: http://www.attorneykocsis.com/

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Filed Under: Child Support, Family Court Tagged With: Child Support, child support attorney, child support law firm

The Family Court Abridges Constitutional Rights and Justice

March 14, 2012 By Maricopa County Court Leave a Comment

By Shane Flait -

Because our family courts are not setup to protect the rights of litigants but a so-called ‘higher good’, it’s ripe for distributing injustice and persecution – mostly to fathers and their children. This article explains why.

Thomas Jefferson stated that trial by such a jury is the only anchor yet known to man to hold the state to the principles of the constitution so as not to leave the protection of the individual solely up to the government or judicial elites.

It’s through the jury that ‘the people’ participate in the judicial process and rein in unconstitutional or unreasonable laws and judgments of the state. Without the protection of a jury trial, tyranny will surely reign.

*Our most fundamental rights are in jeopardy in family court for doing no wrong:

At stake are your right to parent your child, to control and choose your income and profession, your right to maintain your professional and driver’s licenses, your right to have or maintain your passport and travel as you see fit. These rights are guaranteed by the constitution.

*What about the ‘best interest of the child’ – isn’t that ‘a greater good’?

Greater goods are part of dictatorships and tyrannies. The greatest goods of republics are peoples’ constitutional rights which includes the protection of ‘due process’. Supreme Court case laws states that the ‘best interest of the child’ resides in a ‘fit’ parent – not the state.

*How are fundamental rights at stake?

Because if the family court judge assigns you to be the noncustodial parent, you lose your parenting rights to your children (i.e. to support them directly, live with them, and direct their lives) and then you’re forced by the court to pay the mother whatever the judge says – amounts that will impoverish most fathers. If you don’t pay regularly and pay it all, you’ll go to jail without a trial.

*What do you have to do wrong to be assigned the noncustodial status?

Nothing! Fit parents – overwhelmingly fathers – have their constitutional rights denied by judges assigning them as noncustodial parents.

The judge – as representative of the state – invokes his ‘illegal’ right to take away constitutional rights of fit fathers for the ‘best interests’ of the children. Best interest determinations are only to be invoked when there are no fit parents.

*The family court setup prevents protection of father’s constitutional rights:

The family court doesn’t allow a trial with a jury. It only permits ‘bench’ trial which means that the judge is both judge and jury for you. So you’re denied the protection of the people from the legal elites and special interest groups that feed off the injustice that the family courts produce.

*Why doesn’t the family court protect a father’s constitutional rights?

Because when you eliminate the natural protections – like a jury – you leave judicial elites in power. More power means a more corruptible system. That’s human nature.

The family court and its affiliates have seized on a ‘greater good’ excuse such as ‘best interest of the children’ and ‘safety of women’ to forego constitutional law and protections for fathers.

*Special interest groups influence on the family court setup and actions:

A host of legal and court-assisting persons and organizations have a strong financial interest in keeping the family court set-up as it is. They together can be called the Divorce and Domestic Violence Industry (the DDVI).

The DDVI is made up of the judges, lawyers, GALs, mothers/women, probation/family service officers, psychiatrists, sociologists, visitation centers, battered women’s shelters, the abuse industry, women’s advocates, the state’s department of revenue (DOR), the federal government’s child support enforcement division…and more! Let’s consider where some of these entities find their financial interest in the family court setup.

The DDVI have interest in:

* Setting larger child support orders.

Both the court and DOR/CSE(child support enforcement (agency)) receive federal incentive payments. Court-DOR (Department of Revenue) agreements send some DOR money to the Court systems. County jails make money by more inmates – who are court-created deadbeat dads.

* Making abuse allegations more easily allowed.

Visitation centers and lawyers benefit by this as well as do Battered Women shelters and Batterers Groups. Incidentally, battering is relatively rare; accusations are very common.

* Aggravating parental exchanges and unequal allotment of rights – as the court imposes.

This makes lots of money and job security for lawyers, family services officers, psychologists, GALS, parenting class coordinators, women’s groups, and affiliated VAWA organizations who receive some $5 Billion over 5 years.

The DDVI, taken together, is a powerful lobby and participant in the rule-making process. They’re not about to favor any change – however fair – that will undermine their positions, benefits, or money and power they’ve accumulated.

Shane Flait gives you the capability you need to fight for your rights. Get his FREE Downloads at http://www.FathersRightsLegalAid.com. Take his ecourse: How to Handle Your Family Court Case at http://www.FathersRightsLegalAid.com

Article Source: http://EzineArticles.com/?expert=Shane_Flait
http://EzineArticles.com/?The-Family-Court-Abridges-Constitutional-Rights-and-Justice&id=4256611

Filed Under: Child Custody, Family Court Tagged With: family court tyranny, Fathers Rights