MESSAGE
| DATE | 2011-02-04 |
| FROM | Ruben Safir
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| SUBJECT | Subject: [NYLXS - HANGOUT] [glenn@glennsacks.com: US Supreme Court to Hear Child Support Case]
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[3]Fathers and Families
[4]US Supreme Court to Hear Child Support Case
February 3, 2011
Top Stories
US Supreme Court to Hear Case Challenging Constitutionality of Jailing Parents
for Inability to Pay Child Support
Fathers and Families has for many years publicized the terrible child support
problems often faced by low income obligors, and we've had some legislative
success on the issue. Nevertheless, the problem remains acute, particularly due
to the recession.
The injustice is typified by the case of Jeremy Lavine, one of three Fathers
and Families supporters quoted in a [5]national Associated Press article on the
issue.
Lavine worked in the real estate industry and had a $1,100 a month child
support obligation based on a $4,500 a month income. Like so many in the real
estate industry, his income dropped precipitously, yet the Florida Department
of Children and Families told him his industry was going to bounce back
and refused to give him a downward modification. The kicker? Lavine's kids live
with him 50% of the time.
In the end, Lavine's ex-wife was very reasonable. Today she and Jeremy share
the kids 50-50 and split day care and health care expenses, and neither pays
child support. As Jeremy says, "we worked everything out--despite the child
support system."
Now the US Supreme Court will soon hear oral arguments in Turner v. Price, a
South Carolina case concerning one of the worst aspects of this abusive
system--the way some states jail indigent child support debtors without
providing them legal counsel.
The suit was filed by a coalition of legal groups, including the South Carolina
American Civil Liberties Union and the National Association of Criminal Defense
Lawyers. In their brief they wrote:
?The South Carolina Family Court nevertheless has imprisoned hundreds, and
likely thousands, of indigent defendants for nonpayment of support without
appointed counsel...
"These defendants languish in modern-day debtors? prisons after patently unfair
proceedings, many of which lack any factual findings. Often the courts do not
even inquire into the defendant?s ability to pay their support obligation.?
Fathers and Families Board Member Robert Franklin, Esq. has been
covering Turner and related cases and developments. In [6]Prison for Indigent
Parents Owing Child Support to Be Heard by the Supreme Court, Robert discusses
a recent Atlanta Journal Constitution article on the issue:
"It?s worth noting that no one in the Georgia child support bureaucracy, no
judge, no attorney challenges the assertion that Georgia jails non-custodial
parents who are unable to pay their child support...
"War veteran Randy Miller supported his child very nicely for several years,
but then lost his job. He continued to put his child first and made his
payments until he literally ran out of money. He now has no assets of any kind
including a bank account with 39 cents in it.
"The state?s response to his nightmare? Incarcerating him..."
For more information, see Robert's [7]Three Cases Challenge Constitutionality
of Jailing for Inability to Pay Child Support and [8]Supreme Court to Hear
Child Support Case by Indigent Dad.
[9]
Huffington Post Covers DSM/Parental Alienation Controversy, F & F?s Campaign
Divorce consultant Cathy Meyer recently covered the controversy over DSM-5 and
Parental Alienation, along with [10]Fathers and Families? role in it, in
her Huffington Post column [11]Parental Alienation: It?s About More Than ?A
Uterus, Divorce Papers and Bruises? (1/25/11).
Meyer writes:
Over the last few months Father?s Rights activists have been attempting to have
Parental Alienation Disorder added to the fifth edition of the Diagnostic and
Statistical Manual of Mental Disorders (DSM-5), the American Psychiatric
Association?s ?bible? of diagnoses.
A couple points:
1) Meyer is referring to our [12]Campaign to Ask DSM to Include Parental
Alienation in Upcoming Edition, which we launched in December of 2009. The
response from our supporters has been enthusiastic--Dr. Darrel Regier, vice
chair of the DSM-5 Task Force, told the Associated Press in October, ?We?ve
gotten an enormous amount of mail--more than [on] any other issue.?
A coalition of mental health experts led by psychiatrist William Bernet has
been at the forefront of the DSM efforts. Fathers and Families? work has been
to support this coalition. Gaining inclusion isn?t easy?David J. Kupfer, M.D.,
the chair of the DSM-5 Task Force, told the media that with any disorder
proposed for inclusion, ?The door to get in [the manual] is pretty hard.?
2) We are a family court reform organization (as opposed to ?Father?s Rights
activists?). Our emphasis generally turns towards fathers because they are the
ones whose relationships with their children is most imperiled after a divorce
or separation, but we support fair treatment for all family court litigants.
Meyer writes:
When learning of this effort the National Organization for Women (NOW) became
concerned and sent out an Action Alert to counter the campaign. According to
NOW?s Tracy Simmons:
?Parental Alienation Syndrome has now morphed into Parental Alienation Disorder
thanks to the fathers? rights organizations who are wildly pushing this
through, and why wouldn?t they? It benefits the abuser and discriminates
against the victims of abuse, which are overwhelmingly women.
To learn more about NOW?s counter-campaign, see our blog post [13]NOW
Criticizes F & F over Our Campaign, Writes DSM Task Force. Simmons?
characterization of Parental Alienation is very erroneous, as Meyer correctly
details.
To join the debate about Parental Alienation and Meyer?s piece on the
Huffington Post, click [14]here. To read the rest of our analysis of the piece,
please click [15]here.
Join Fathers and Families
[16][17]Fathers and Families Fathers and Families is a family court reform
organization with a comprehensive strategy, an impressive history of
legislative and fundraising success, and the largest reach of any advocacy
group of its kind:
* [18]Become an F & F Activist/Supporter by Filling out Our Volunteer Form
* [19]Contribute to Fathers and Families
Massachusetts Alert: Your Action Requested, Highest Priority
Massachusetts residents: We need your action now--the deadline to get more
co-sponsors for our Shared Parenting bill is this Friday (February 4)!
The response to last week's Massachusetts Action Alert has been encouraging,
but we need more. We need you to forward this email to five Massachusetts
friends or family members and ask them to contact their state Representative
and Senator and ask them to be a co-sponsor of our shared parenting bill.
Explain to them that this is a bill that will help Massachusetts children by
protecting the loving bonds they share with both parents after divorce or
separation. Ask your mother or father, your brother or sister, friends,
co-workers, aunts and uncles--anyone you can.
We want you to:
1. Ask them to call their state Representative and Senator and ask them to be
"a co-sponsor of our shared parenting bill."
2. They do not need to be an expert on this subject--they just need to tell
their legislator that they are a voter in their district and then make the ask.
They will probably be connected to an aide -- that is not an insult, it is
standard, and it is OK.
3. Here is some information that your state Representative and Senator will
want to know:
+ Name of the bill: An Act Supporting Children and Strengthening Families
+ Docket Number: HD03194
+ Lead Sponsor: Representative John Scibak (D-South Hadley) (pronounced
"Sigh-back")
4. If your friends and family members do not know who their state
Representative and Senator are, they can find out by going [20]here and typing
in their address. Once this website shows the names of their Representative and
Senator, they can just click on their names and they will get their phone
numbers.
5. If they or their Representative and Senator want to know more about the
bill, they can find:
+ A one-paragraph summary of the bill plus the text of the bill [21]here.
+ A one-page summary of the bill [22]here.
6. Please let us know what feedback we receive from legislators or staffers by
[23]emailing me. This is highest priority and deadline-limited -- please act
now!
7. No matter what the legislator or staffer does or says, please ask your
friend or family members to remain polite and respectful.
Together with you in the love of our children,
Ned Holstein, MD, MS
Founder and Chair of the Board
What's Happening
[24]Missouri High Court Calls Child?s Adoption ?Manifest Injustice?[25]
British High Court Expands ?Domestic Violence? to Include Shouting and
Criticizing
[26]Police Use DV Claim to Obscure Brutality in Tavares Case[27]
Embattled Dad Ken Thompson Finally Home with Son After Parental Abduction,
False Accusations
[28]
Brits Getting Cold Feet on Proposals to Increase Fathers? Parental Leave
[29]
Canadian Report Reveals Some Surprising Facts About Domestic Violence There
[30]
Domestic Violence in Canada: Not Much Change, Less Reporting to Police
[31]
?Beginning of the End? for French Maternal Anonymity Law
This email contains a promotional message from the non-profit organization
Fathers and Families.
? 2011. Fathers and Families. All Rights Reserved.
References
1. http://www.fathersandfamilies.org/enews/cv/enews-20110203.html
2. mailto:glenn-at-glennsacks.com
3. http://www.fathersandfamilies.org/
4. http://www.fathersandfamilies.org/enews/cv/enews-20110203.html
5. http://www.fathersandfamilies.org/?p=4511
6. http://www.fathersandfamilies.org/?p=12602
7. http://www.fathersandfamilies.org/?p=11666
8. http://www.fathersandfamilies.org/?p=11171
9. http://www.fathersandfamilies.org/?p=12664
10. http://www.fathersandfamilies.org/?page_id=5372
11. http://www.huffingtonpost.com/cathy-meyer/parental-alienation-its-a_b_807641.html
12. http://www.fathersandfamilies.org/?page_id=5372
13. http://www.fathersandfamilies.org/?p=6985
14. http://www.huffingtonpost.com/cathy-meyer/parental-alienation-its-a_b_807641.html
15. http://www.fathersandfamilies.org/?p=12664
16. http://www.fathersandfamilies.org/
17. http://www.fathersandfamilies.org/
18. http://www.fathersandfamilies.org/?page_id=4307
19. http://www.fathersandfamilies.org/?page_id=1330
20. http://www.malegislature.gov/People/FindMyLegislator
21. http://www.fathersandfamilies.org/?page_id=12605
22. http://www.fathersandfamilies.org/?page_id=12608
23. mailto:nedholstein-at-fathersandfamilies.org
24. http://www.fathersandfamilies.org/?p=12673
25. http://www.fathersandfamilies.org/?p=12684
26. http://www.fathersandfamilies.org/?p=12666
27. http://www.fathersandfamilies.org/?p=12719
28. http://www.fathersandfamilies.org/?p=12716
29. http://www.fathersandfamilies.org/?p=12709
30. http://www.fathersandfamilies.org/?p=12697
31. http://www.fathersandfamilies.org/?p=12690
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