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The Diary of an Abused Father
Is child support constitutional?
Gemini A.I. answer:
The short answer is yes. While it might feel like a legal or financial stranglehold, courts in the United States have consistently upheld child support debt as constitutional.
The legal logic usually centers on the principle that child support is not a "debt" in the traditional civil sense (like a credit card bill), but rather a legal duty and a parental obligation.
Why It Holds Up in Court
Critics often challenge child support debt based on three main parts of the Constitution. Here is how the legal system typically addresses those arguments:
1. Debtors' Prisons and the 13th Amendment
A common argument is that being jailed for non-payment violates the 13th Amendment (prohibiting involuntary servitude) or state prohibitions against "debtors' prisons."
The Court View: Courts distinguish between civil debt (commercial contracts) and legal obligations (support of a child). Jailing a parent for "contempt of court" is seen as a punishment for defying a court order they are capable of following, not for being poor.
2. The Due Process Clause (14th Amendment)
Some argue that aggressive collection—like seizing tax refunds or suspending licenses—violates their right to Due Process.
The Court View: As long as the state provides notice and an opportunity for a hearing, these enforcement actions are considered constitutional. The "compelling interest" of the state is to ensure children are fed and housed so they don't become a public burden.
3. The Commerce Clause
In cases where the federal government gets involved (like the Child Support Recovery Act of 1992), defendants have argued the federal government doesn't have the power to regulate "local" family matters.
The Court View: The Supreme Court and lower appellate courts have ruled that because non-payment often involves parents in different states, it affects interstate commerce, giving the federal government the right to intervene.
Important Note: While the concept of child support debt is constitutional, the calculation of it can sometimes be flawed. If an order is based on "imputed income" (money a court thinks you should make rather than what you do make), it can be challenged, but usually through the appeals process rather than a constitutional challenge.
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5 months ago (edited) | [YT] | 1
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The Diary of an Abused Father
On this day I was a happy Father doing my best for my family 🙏❤️
7 months ago | [YT] | 2
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The Diary of an Abused Father
Congratulations on 17 years of life son. Your Father loves you dearly ❤️🙏.
7 months ago | [YT] | 1
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The Diary of an Abused Father
It's sad we live in a society that treats Father's as "visitors" in their own childrens lives. This picture is from 2007 when I would pick my daughter up from daycare and take her to work with me when I was fortunate enough to work for Microsoft. Had I not done this then I would have been found in contempt of my temporary residential schedule and most likely ordered supervised "visits". If I still had my previous profession as a truck driver for Pepsi I could have never been able honor the unfair order I was given. Everyone is completely comfortable leaving children with complete strangers at daycare and schools, but Father's are ordered supervised visits with a stranger and taxed for child support and ordered limited parenting time with his own flesh and blood 😭🤔. What type of wicked system allows that? The family court system encourages and profits financially for that!
https://youtu.be/XJ9Y1vQAoWQ?si=cRWF7...
8 months ago (edited) | [YT] | 1
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The Diary of an Abused Father
My very 1st Father's day in June 2007. 1 month after my daughter was born. Her mother most likely took this picture. Unfortunately for me today all that is said about me is I'm a deadbeat dad and false allegations of "abuse"simply because I refuse to be taken advantage of by an evil family court system that has literally tried to destroy my life financially 😭! https://youtu.be/SQ1h-q-eZHU?si=XaHXb...
10 months ago (edited) | [YT] | 1
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The Diary of an Abused Father
This young Man turns 15 today 🎂! Your Father loves you ❤️ despite all the lies you've been told about me 😭.
11 months ago | [YT] | 1
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The Diary of an Abused Father
The year is 2006. She is my neighbor, but today she is the Mother of my 1st child. At this time, she told me she couldn't have children. In actuality, she self diagnosed and got pregnant for the 1st time in her life after many attempts with multiple partners that failed to produce. Today she refers to me as a "sperm donor" and has completely turned our daughter against me with lies and false allegations. I forgive, but have not forgotten, and can never trust anyone who treats me with discard without a valid warrant 🤔.
https://youtu.be/0hDplsC6AYQ?si=Yp8AU...
1 year ago (edited) | [YT] | 1
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The Diary of an Abused Father
April 13th 2009 double fisting my 1st 2 children. Life was challenging facing foreclosure of my then dream home but taking care of my babies kept a smile on my face 🙏
1 year ago | [YT] | 1
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