Kentucky Enemies
For their sponsorship of Michigan Attorney General Mike Cox Sucker's www.paykids.com his Paykids Foundation, boycott the listed sponsors, including Art Van Furniture, Meijer Stores, Michigan State Medical Society (warning, the MSMS website does not like to let you out when you click the back button), SBC Communications, and Michigan Health and Hospital Association and tell them why you are boycotting them! Go to the Michigan Enemies of Freedom Page and read letters by Stan Rains and Terry Lear for more information as to why, and read Domino's Pizza, Inc.'s letter to me in response to my concerns about PayKid's use of Domino's Pizza gift certificates as a prize in their loathsome Billboard contest, which was CANCELLED!!
Not to be outdone, we are announcing our own billboard contest!
The Attorney General operates the Child Support Enforcement Commission in this "Even Further West Virginia". A quick little history lesson: Kentucky was once considered part of Virginia. Virginia consented to the creation of a separate state of Kentucky out of what was its territory. When West Virginia was created, Virginia was not in the Union to object. It was 1863.
There is also a Cabinet for Families and Children.
KRS 403.160 Temporary Support Orders
KRS 403.200 Maintenance or Alimony
KRS 403.210 Recognition of Family Support Act of 1988 Mandate Legislature sold state sovereignty over family law for federal funds.
KRS 403.211 Procedures for Court Ordered Child Support And you thought watching sausage being made is bad!
KRS 403.212 Child Support Guidelines You can perform a Moccasins exercise using these Kansas guidelines. The use the Antipeonage Act Website Moccasins Page to determine income tax liability and what the noncustodial parent has left after child support, income, and Social Security taxes. After performing this exercise in pretending to walk a mile in a Kentucky noncustodial parent's moccasins, then contemplate the provisions below and their effect on you as such a noncustodial parent.
KRS 403.220 Costs of Action and Attorney's Fees
KRS 405.060 Fraudulent Conveyance to Avoid Paying Child Support
KRS 405.411 Newspaper Publication of Names of Noncustodial Parents Who Fail to Appear
KRS 405.435 Employer and Labor Union Rat Line (reporting of new hires)
KRS 405.440 Procedures for Administrative Hearing
KRS 405.450 Payment of Support During Appeal of Administrative Decision
KRS 405.460 Enforcement of Support and Action to Collect Debt Without Action of Hearing Officer We don't need no stinking due process of law!
KRS 405.470 Garnishment of Property Including Up to 50% of Wages
Chapter 407 Interstate Support Enforcement
You might need to use Chapter 419, Habeas Corpus
Chapter 426 Enforcement of Judgments
Chapter 454 Miscellaneous Civil Procedures
Chapter 530 Offenses Against Family
KRS 530.050(1)(b) Criminal Nonsupport in Violation of Court Order to Pay Support is declared null and void as peonage by 42 U.S.C. §1994.
Speaking of unconstitutional criminal statutes, the new decision in Jones v. City of Los Angeles, (9th Cir. April 14, 2006) provides an argument against prosecutions under Kentucky Revised Statutes KRS 530.050(1)(b), which does not provide an inability defense. With respect to support orders, failure to fully comply with a support order for two months is a misdemeanor for which a second offense is punished with 7 days in jail and a third offense is punished with 30 days in jail. Where the noncompliance is of six months duration with an arrearage of at least $1,000, it is a felony.
No requirement for willfulness in the nonpayment. While there are many Ninth Circuit decisions that go against common sense and any understanding of the Constitution based on reading its plain language, the Jones decision is a good one. Sometimes the "Ninth Circus" gets it right. I understand that Kentucky is outside the Ninth Circuit, but Jones is based on the Eighth Amendment and Fourteenth Amendment, and several United States Supreme Court decisions that apply everywhere within the nation. Specifically: Robinson v. California, (1962) 370 U. S. 660; Powell v. Texas, (1968) 392 U.S. 514; and Ingraham v. Wright, (1977) 430 U.S. 651. Read Jones carefully, and carefully analyze your client's situation. If your client is unable to pay the child support as an unavoidable result of unemployment, you can make a good faith challenge to a criminal prosecution for nonpayment of child support as cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments. To support this argument cite:
Zablocki v. Redhail, (1978) 434
Under the
challenged statute, no
I make a Zablocki v. Redhail based argument against the State of Washington's child support license suspension laws in my Reply to State's Answer to Petition for Review.
Chapter 531 Pornography and KRS 531.010 definition of obscenity. We don't need no stinking First Amendment in Kentucky!
Section 1 of the Kentucky Constitution includes inalienable rights, including the right to acquire and protect property and the right to keep and bear arms with the proviso that the General Assembly may pass laws concerning the carrying of concealed weapons. The right to enjoy and defend rights and liberties, to pursue safety and happiness, and to acquire and to keep property is forfeited upon divorce and loss of custody of child.
Section 8 of the Kentucky Constitution provides for freedom of speech and press, that every person may freely speak, write, and print on any subject. But there are some subjects that are not included in "any subject".
Section 2 of the Kentucky Constitution declares the nonexistence of arbitrary and absolute power over the lives, liberty and property of freemen in a republic. If only that were true. Enforcement of this provision would wipe out most of family law.
Section 14 of the Kentucky Constitution provides that "All courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay." Tell that to divorced fathers!
Section 17 of the Kentucky Constitution prohibits excessive fines and bails and cruel and unusual punishments. It just does not prohibit excessive child support orders.
Section 18 of the Kentucky Constitution prohibits imprisonment for debt after debtor has delivered up estate for benefit of creditor except where there is a strong presumption of fraud. I guess child support is a fraud.
Section 25 of the Kentucky Constitution prohibits slavery and involuntary servitude. Does not apply to family law.
Section 26 of the Kentucky Constitution declares the supremacy of the Kentucky Constitution to all other Kentucky laws, any such laws that are contrary are void. If only that were true.
Feel free to e-mail me at rogerwknight@hotmail.com with any information that you have to share.
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