Louisiana Enemies
I apologize for not doing this sooner, but I have been in a state of shock over what Hurricane Katrina did to Louisiana, Mississippi, and Alabama.
The Federal Emergency Management Administration's
List of Organizations Accepting Donations and Volunteers.
These above listed people are NOT our enemies!
The below listed are.
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 Department of Social Services operates the New Hire Registry, a "Delinquent Payor" registry, and its Office of Family Support operates the Support Enforcement Services.
The Louisiana Code is entitled Revised Statutes
RS 9:51 provides that women shall have the same rights as men.
RS 9:101 provides for the powers of married women to enter into contracts without agreement of their husbands. Presumably married men can enter into contracts without agreement of their wives. This sounds great, but we all know how this can lead to one of the nastier conflicts arising from marriage and divorce. Just how binding is a contract on the spouse who did not agree to it or know of it, and can a divorce or bankruptcy court fairly require a spouse to assume responsibility for a contractual debt, such as a credit card, that he or she did not agree to? If the spouse who ran up an excessive credit card debt discharges such debt in a Chapter 7 bankruptcy after divorce, meaning such creditor got STIFFED, can the creditor still go after the other spouse, even though he or she did NOT agree to the credit card contract? Those from community property states know what I am talking about! Some examples of what actually happens in a Chapter 7 bankruptcy are available herein at the Justice Files pages for Washington DSHS Employees: Everett, Olympia, Seattle, and Tacoma.
RS 9:102 provides that married women can sue and be sued, independent of their husbands and without requiring authority of either husband or judge. Presumably, married men can also sue and be sued independent of their wives and without authority of either wife or judge. Same comment as above, in that most civil judgments are classified in bankruptcy law as unsecured debts, which can be wiped out in a Chapter 7 bankruptcy.
RS 9:103 provides that married women may obligate themselves or dispose of or "hypothecate" their property, for the benefit of their husbands or of the community between them and their husbands. Presumably, married men can do the same.
RS 9:105 provides that the above three sections are not intended to affect the laws relating to matrimonial community and separate property. Uh-oh!
RS 9:237 provides that along with a marriage license, the couple shall receive a printed summary of matrimonial regime and covenant marriage laws. Apparently, if a marriage is not a "covenant" marriage, then a no-fault divorce can be had, as in other states.
RS 9:272 provides for a "covenant" marriage, where the statute apparently provides that such a marriage requires a finding of fault to be dissolved.
RS 9:273 provides that the couple shall agree to a declaration of intent to form a covenant marriage.
RS 9:273.1 provides the form of the declaration of intent to form a covenant marriage.
RS 9:274 provides that a covenant marriage shall be governed by certain other statutes in the Louisiana Civil Code.
RS 9:275 provides that an already married couple may change the status of their marriage to that of a covenant marriage.
RS 9:275.1 provides the form of the declaration of intent of an already married couple to convert their marriage to a covenant marriage.
Comment on on Louisiana's option for covenant marriages. A damn good idea!! Thank you Tony Perkins!! He wrote this law. You mean to tell me that we have a type of marriage, it is optional, where if the wife wants to run off to the courthouse and steal title to the family home and financially destroy her husband with an unreasonable alimony and child support order she actually has to PROVE that he did something wrong? WHAT A CONCEPT! I believe that this is what the First Congress which drafted the Bill of Rights and the 39th Congress, which drafted the Fourteenth Amendment, meant by the phrase "due process of law".
In the other kind of marriage, we have the no-fault imposition of property division and child support, which without any finding of fault, is deprivation of property and liberty without due process of law. Even in the case of covenant marriages, if a support order is enforceable by means intended to coerce employment, and it is, see below, it is still offensive to the Thirteenth Amendment and declared null and void by 42 U.S.C. §1994, enforcement thereof being the crime defined by 18 U.S.C. §1581.
What will they think of next? A presumption of equal parenting where NEITHER spouse is declared the custodian and BOTH retain the right to represent their child's interest in the courts UNLESS one spouse is PROVEN unfit? Please see Elk Grove Unified School Dist. v. Newdow, (June 24, 2004) 542 U.S. 1, 159 L. Ed. 2d. 98, 124 S. Ct. 2301. The majority found that Mr. Newdow, as the noncustodial parent not allowed the authority to represent his child's interests in the courts pursuant to a state court order, lacked standing to challenge the validity of statutes requiring the public schools to conduct a Pledge of Allegiance ceremony where the Pledge contains the words "under God". Having so found, the Supreme Court did not rule on the issue and vacated the Ninth Circuit's findings.
It might be a while before the Louisiana Legislature grasps this concept and requires that equal parenting be presumed, as such would cut into the Child Support Crusade and all those federal funds for which they sell their state's precious sovereignty!
RS 9:291 limits suits between spouses to the kinds of actions available under family law, including divorce, support, and property division.
RS 9:301 provides the spouse of a military person who is presumed dead to obtain a court order terminating her marriage to such missing person, and authorizing her to marry again. Such marriage is deemed terminated even if the missing military person shows up alive.
RS 9:302 provides the option, on motion by either party, that divorce proceedings be held "in chambers". That means a secret proceeding with the file sealed from public view. This is one of those things that sounds great, but in practice stinks to high heaven! The reason we have a tradition of open courts in this nation is because secret tribunals are even more prone to chicanery. When the public cannot know what happened in a court proceeding and the litigants are prohibited from describing such happenings to the public, all sorts of bad things can happen. This is what gave the Star Chamber in Britain such an evil reputation. Today, divorce and child custody proceedings in Britain, Australia, and New Zealand are secret and one of the reforms being demanded by the Fathers 4 Justice people in these nations is to require that such proceedings be open court and the litigants not prohibited from discussing what happens with the public. In the United States we call that freedom of speech. A very important protection against tyranny and chicanery. Too bad it does not always work, but at least we can complain of what happens and the public can know of it. I would advise opposing any RS 9:302 motion for chambers proceeding for these reasons.
RS 9:303 provides for immediate income assignment in all child support orders unless there is a written agreement by the parties providing otherwise or "good cause" found by the court to not order such income assignment. "Income assignment" is what is often called wage garnishment. Even against a missing military spouse "presumed dead"?
RS 9:304.1 provides for a waiver of costs on the part of a plaintiff in an action to make past-due child support "executory".
RS 9:305 provides for some limited relief in the case of fraudulent paternity, i.e., meaning that a man who was fooled into believing he was the father of a child, when a blood test proves otherwise. This is one instance where adultery on the part of a wife might actually have consequences. What a concept!
RS 9:306 provides for a seminar for divorcing parents. I wonder what happens if such parents brings up the Antipeonage Act or the Constitution in one of these seminars!
RS 9:307 provides a list of specific grounds that must be proven for a divorce or a separation from bed and board in a covenant marriage. What a concept! Having to actually PROVE something!
RS 9:308 provides procedure for a divorce in a covenant marriage.
RS 9:309 provides that an order of separation from bed and board in a covenant marriage is not a divorce, it is only the divorce that frees each spouse to remarry.
RS 9:310 provides that a spousal support order be retroactive to the filing date of the petition for such alimony, unless the court orders otherwise. Any support provided during pendency shall be duly credited. What about those missing military personnel presumed dead? Is this one of the reasons our young men do not want to join the Army when there are live wars in progress in Iraq and Afghanistan?
RS 9:311 provides procedure for modification of support orders.
RS 9:312 provides for child support and for accounting requirements. The fatal flaw in this is the provision for sanctions against the noncustodial should the court find his motion "frivolous". It's his money and his children. How can any such motion be "frivolous"? Given the BIGOTRY of the judges against the noncustodials, this provision is the poison pill that renders this statute WORSE than useless!
RS 9:313 provides special requirements for divorce and child support proceedings.
RS 9:315 provides for definitions of words and phrases used in the child support proceedings set forth herein below.
RS 9:315.1 Rebuttable presumption, deviation, etc.
RS 9:315.2 Calculation of basic child support obligation
RS 9:315.3 Net child case costs added to basic child support obligation
RS 9:315.4 Health insurance premiums added to basic child support obligation
RS 9:315.5 Extraordinary medical expenses added to basic child support obligation
RS 9:315.6 Other extraordinary expenses added to basic child support obligation. If a parent is being required to pay tuition to a parochial school of a religion other than what he agrees with, this is Louisiana saying: We don't need no stinking First Amendment!
RS 9:315.7 Income of child deducted from child support obligation. A child actor who makes it big does not need child support.
RS 9:315.8 Calculations for total child support obligations and worksheet. With this, you should be able to perform a Moccasins exercise, where you can pretend to walk a mile in a noncustodial parent's moccasins by calculating what it would cost you to lose custody of all of your children and be ordered to pay child support. Please see the Moccasins Page where I worked out such a plan for the State of Washington, you should be able to adapt this to these Louisiana provisions. The federal tax provisions are the same, of course.
RS 9:315.9 provides that shared parenting, where each parent has the child for roughly equal amounts of time is not TRUE shared parenting because the parent with the greater income can be ordered to pay child support to the parent with lesser income. Imagine if you had to pay money to your brother for your nephew because you earn more money than he, and when he gets a raise, he can be required to pay child support to you for your children. It is that ridiculous, your freedom dependent upon whether the other parent can maintain employment in this age of outsourcing to the cheap labor of the Third World. (Not to mention jobs being wiped out by hurricanes and other disasters.)
RS 9:315.10 Effects of split custodial arrangement.
RS 9:315.11 Voluntary unemployment not to affect obligation based on income earning ability. Effectively a prohibition from quitting employment, what the Thirteenth Amendment and the Antipeonage Act prohibits. And would you be "voluntarily unemployed" if you "voluntarily" fled New Orleans, Jefferson Parish, Plaquemines Parish, and St. Bernard Parish when Katrina came calling?
RS 9:315.12 Modification based on overtime and second job with allowance for second family. To modify already unreasonable support order when the parent works extra time to keep up is the epitome of cruelty and peonage.
RS 9:315.13 Further considerations with respect to the support schedule.
RS 9:315.14 Minimum support order shall be $100, except in cases of split or shared parenting.
RS 9:315.15 Legislative change not intended to provide a change in circumstances that would allow for a modification of support order.
RS 9:315.16 The guidelines shall be reviewed once every four years to assure compliance with 42 U.S.C. §667(a). They sold Louisiana's precious state sovereignty for a bag of federal money and this provision is to assure continuance of the sale of state sovereignty for the federal funds. If it makes you feel better, this is money not being used to supply our soldiers in Iraq with body armor and vehicle armor and we now owe $6 trillion to such wonderful creditors as the Saudi Royal Family. These are the same wonderful people who tolerate the teaching in Saudi Arabia of the extremist and hateful propaganda in schools and mosques of the Wahhabi type Sunni Islam embraced by Mr. Osama bin Laden and 15 of the 19 September 11, 2001 hijackers. Meanwhile, we are not allowed to finish our nuclear power plants or drill for oil in many regions of the United States where there might be substantial deposits. Doesn't all of this just make you feel all warm and fuzzy?
RS 9:315.17 Deviations from the guidelines shall not be disturbed on appeal absent finding of manifest error. Good luck! I don't suppose "manifest error" would include violation of the Antipeonage Act, the United States Constitution and the Louisiana Constitution?
RS 9:315.18 Provisions concerning the schedule, the presumption is that the custodial parent shall have the right to claim the exemptions for the children thus supported.
RS 9:315.19 Support Schedule. Here are the numbers for your Moccasins exercise. While these numbers are more reasonable than other states, the federal tax provisions can make compliance difficult. Layoffs, of course, make compliance impossible. Especially when hurricanes tear up the entire alluvial fan of the Mississippi River.
RS 9:315.20 Here is where you can download the worksheet for your Moccasins exercise.
RS 9:315.21 Retroactive application of child support obligation back to initial "judicial demand". Get your filings in early ladies! This can result in an arrearage right away! That missing in action presumed dead soldier had better stay dead!
RS 9:315.22 Provisions for termination of child support upon reaching the age of majority or completion of education.
RS 9:315.23 Limited provision for child support modification for relief where child is unlawfully kept from the parent ordered to pay support.
RS 9:315.24 Enforcement of child support order in the manner of revocatory or oblique actions by either the custodial parent or by the Department of Social Services. I believe this means that a property transaction to defraud the creditor can be challenged.
RS 9:315.25 provides for consideration of custody and visitation matters in assessing child support.
RS 9:315.30 Statement of legislative intent for the suspension of licenses for nonpayment of child support. Why the Louisiana Legislature believes that license suspension makes it is easier to comply with a support order is quite a mystery. If the Legislature does not so believe, but is merely motivated to maintain the sale of state sovereignty for federal funds, then there is no mystery. Of course, payment or nonpayment of child support is irrelevant to whether the licensee can safely operate a motor vehicle, catch fish, or remove a gall bladder. To use the state's licensing power as a control mechanism has appropriately raised alarms among civil libertarians, if you have not heard these alarm bells, it is most likely because of the cone of silence imposed by the press on our side of these issues. Those in New Orleans who lawfully own guns? I guess your eminently competent Mayor Nagin who did not believe the Orleans Parish school busses good enough for use in an EMERGENCY EVACUATION now believes the Second Amendment and Article I Section 11 of the Louisiana Constitution does not apply to his jurisdiction. Doesn't that make you glad you or your fellow citizens elected him?
RS 9:315.31 Definitions of words and phrases as used in license suspension proceedings and statutes.
RS 9:315.32 Provisions concerning such orders of license suspension. It appears that for good cause shown, a court can decline to enter an order of license suspension. This would seem to be an indication that inability to comply is a defense, which is often not the case in other states.
RS 9:315.33 Administrative procedure for notice of license suspension.
RS 9:315.34 Provisions for subsequent compliance. Where a support obligor is actually able to comply with the support order in the face of license suspension, this provides for an order of partial or full compliance, as the case may be, by the court. First we make it impossible for you to comply, but if you are able to do it, we will show mercy. Perhaps you need not be so merciful when these politicians and judges ask for your vote for re-election. Show 'em as much mercy as shown by Hurricane Katrina!
RS 9:315.35 Upon receiving an order of compliance, the license shall be restored.
RS 9:315.36 License suspension on pattern of non-payment. If the support order is unreasonable and the obligor could not pay BOTH support AND income tax at the same time because of 26 U.S.C. §§ 71, 152(e), and 215, might THAT be the CAUSE of the pattern of non-payment? Or the constant outsourcing of our jobs to the cheap labor of the third world while our government continues to sell us out again and again? So how does suspending the license improve compliance? This is like hitting a nonperforming car engine with a sledge hammer and expecting it to work better!
RS 9:315.40 Definitions of words and phrases as used with respect to administrative suspension of certain licenses for nonpayment of support by the Department of Social Services.
RS 9:315.41 Notice of child support delinquency and intent to suspend license.
RS 9:315.42 Objection to suspension may be served within 20 days. List of things to do: Seek job. Look for job. Go to interview (while you can still drive your car) and hope it is not a total waste of time. If there is an interview. Hope there is no "blackballing" preventing re-employment. Hope there is no prejudice by employers against noncustodials on the grounds that their problems become the employer's problems. Who needs that? Scan the classifieds one more time. Make a bunch of phone calls to unsympathetic people who sound like they have better things to do then to answer phone calls from job seekers. Including phone calls where the answer is that the job is already filled. Wonder whether such answer is true or false. Wonder why personnel types are so rude and unable to make a decision or even to behave rationally! Oh, and by the way object to the proposed license suspension while simultaneously trying to convince employers you are qualified as a holder of a necessary license to fill their job openings! How are we at representing ourselves before a commission where the hearing officer and the agency representative are fully licensed and qualified attorneys, each of whom is not predisposed to sympathy for noncustodial parents? Which is like saying a grand wizard of the Klan is not predisposed to sympathy toward the black folk!
RS 9:315.43 Administrative hearing. Sole issue is whether parent is in compliance with the support order. There is thus NO DEFENSE AS TO INABILITY TO COMPLY WITH THE SUPPORT ORDER. Continue looking for work. Employers can now find out that license is suspended. Police impound your car and place you under arrest. The inevitable criminal conviction for DWLS is added to your record, and, because most employers now do background checks, to your resume.
WE DON'T NEED NO STINKING CONSTITUTION!!!!
RS 9:315.44 Certification of noncompliance. The Department of Social Services now sends a certification of noncompliance to the licensing agencies. No further notice is required to the noncustodial parent.
WE DON'T NEED NO STINKING DUE PROCESS OF LAW!!!
RS 9:315.45 The licensing authority SHALL suspend the license upon receipt of a certification of noncompliance from the Department of Social Services "Shall" means there is no discretion, they do it.
RS 9:315.46 Subsequent compliance order provides for eligibility to have license restored. When you win the lottery, or the genie of the lamp grants you three wishes, you can have your licenses back.
RS 9:315.47 The licensing authority SHALL reinstate the license upon receipt of a compliance release from the Department of Social Services. That's nice.
RS 9:321 Another provision for retroactivity of spousal support order.
RS 9:322 Support order not to be recorded by any recorder of mortgages.
RS 9:323 But an amount due may be recorded by a recorder of mortgages upon court order to do so.
RS 9:324 When the money is paid, such record is to be cancelled.
RS 9:325 Amount due for alimony may be recorded by recorder of mortgages upon court order.
RS 9:326 Such record cancelled upon payment.
RS 9:331 through RS 9:374 involve proceedings for custody and visitation, enforcement thereof, and relocations by custodial parent that would make child inaccessible to noncustodial parent.
RS 9:375 provides for an award of attorney's fees against the noncustodial parent for an action to enforce a past due child support order. Just what he needs! Another obligation! And shucks, isn't this the primary motivation behind the Child Support Crusade and the unfair application of divorce laws? Fleece the breadwinner!
Maybe THIS is why Mayor Nagin wants to seize your lawfully owned firearms!
RS 9:381 through RS:387 preserve existing orders and rights from certain legislation.
RS 391.1 through RS 400.1 provide for paternity proceedings and legitimation of children.
RS 13 Courts and Judicial Procedure
RS 14 Criminal Code Some interesting provisions.
RS 14:89 provides penalties for "crime against nature" even if both parties are mutually consenting, adults, and acting in the privacy of their home or motel room. Louisiana is not for lovers if you love the wrong way! God forbid anything like this happens in New Orleans, during Mardi Gras or at other times!
RS 14:106(3) defines the exhibition of "obscenity" even where the public is barred except on payment for admission where consent to viewing is presumed with such voluntary payment, and such media as books, magazines, films, etc. to be a crime. We don't need no stinking First Amendment!
RS 14:107 defines Vagrancy, including subsection "(5) Able-bodied persons without lawful means of support who do not seek employment and take employment when it is available to them". We don't need no stinking Thirteenth Amendment! Can you pound a nail with a hammer? Then you have construction skills! We need to clear away all those smashed houses to build new houses for the next hurricane!
RS 14:358 Subversive Activities and Communist Control Act A legislative declaration that advocating communism is not covered by the constitutional protections of freedom of speech. By the way, one does have the right to shout "Fire!" in a crowded theatre if the shout is the truth! It is the FALSE shout that Oliver Wendell Homes found in Schenck v. United States, (1919) 249 U.S. 47 to be unprotected when considering the case of those who opposed out involvement in World War I.
RS 14:372 prohibits the certification of any candidate for political office unless said candidate filed a sworn affidavit that he or she never has been a communist or subversive person as defined in RS 14:359. Once a communist, forever barred from political office in Louisiana, even if no longer a communist! RS 14:359(2) specifically names the Communist Party of the United States. We don't need no stinking First Amendment! Looks like a bill of attainder to me!
RS 14:363 those judged to be commies had better register, just like convicted sex offenders! Or be committing the felony defined by RS 14:368.
RS 14:365 Communist parties shall not have their name printed on any ballots! Like Louisianans are going to actually ELECT a Communist to public office! He might sponsor a bill to REPEAL this insane anti-subversive law! Remember David Duke? How come Ku Klux Klansmen are not similarly prohibited? The Communist Party ain't nearly as subversive as the KKK!
RS 14:366 Commies are prohibited from state employment! RS 14:371 provides for screening of public employees for communist affiliation. If I remember correctly, Nazi Germany similarly prohibited Jews from government employment. Some German government units TODAY ban Scientologists from public employment and throw their children out of the public schools. In the bad old days, (still going on in some places, perhaps) any non-Muslim in a Muslim nation, or within the ummah, used to be a dhimmie who was tolerated only if he pays the dhimmie tax. At least the non-Muslim can declare himself a Muslim and thereby escape the dhimmie laws! And those Falun Gong folks in China! We gotta to protect Chinese society from them!
Or for that matter, prohibiting noncustodial parents unable to pay their child support from operating motor vehicles and performing surgery if otherwise qualified. I fail to see the difference. Any elected official who supports this kind of legislation and any judge who upholds and enforces such legislation is not fit call himself a citizen of the United States. He might be one, but he is not fit to be one. He is the subversive who should be declared ineligible for public office!
RS 14:390 Declaration of Policy Concerning Communist Propaganda. Ku Klux Klan propaganda? No problem! As long as you don't burn a cross, RS 14:40.4, with intent to intimidate!
RS 14:390.1 Definitions of communist propaganda, which under RS 14:390.2 is a felony to deliver, distribute, disseminate, or store outside of specific exceptions. We don't need no stinking First Amendment!
RS 14:401 prohibits peaceful demonstrations and pickets at courthouses, particularly if such demonstration is accompanied by speech aimed at "influencing a judge, juror, witness, or court officer", which of course will always be ancillary to informing the public of what is going on therein and why it is outrageous! Shucks, that might influence the judge! We can't have that! Next thing is that we will be having judges embarrassed into to doing the right thing by all of this unnecessary publicity! We don't need no stinking First Amendment!
Article I Section 1 of the Louisiana Constitution provides that government is instituted to protect the rights of the individual and for the good of the whole. Its only legitimate ends are to secure justice for all, to preserve peace, protect the rights, and promote the happiness and general welfare of the people. That explains all of these statutes listed above!
Article I Section 2 of the Louisiana Constitution is the state Due Process Clause. Does not apply to family law except in the case of covenant marriages.
Article I Section 3 of the Louisiana Constitution prohibits slavery and involuntary servitude and includes the state Equal Protection Clause. No law shall arbitrarily, capriciously, or unreasonably discriminate against a person because of birth, age, sex, culture, physical condition, or political ideas or affiliations. Does not apply to family law, even in the case of covenant marriages. Does not apply to vagrants. And does not apply to communists and noncustodial parents unable to pay child support.
Article I Section 4 of the Louisiana Constitution provides for the rights of persons to acquire, own, use, enjoy, and dispose of private property with a specific list of exceptions that for some reason, does not include family law! Does not apply to family law anyway.
Article I Section 7 of the Louisiana Constitution provides for freedom of speech and press. Every person may speak, write, and publish his sentiments on any subject. But some subjects are not "any subject". Communist propaganda is not "any subject" and no person may deliver, distribute, disseminate, or store it unless specifically authorized.
Article I Section 11 of the Louisiana Constitution declares the right of each citizen to keep and bear arms with an exception for legislative regulation of carrying concealed weapons.
Article I Section 23 of the Louisiana Constitution prohibits bills of attainder. Does not apply to protect noncustodial parents unable to pay child support or to communists and former communists.
Article I Section 26 of the Louisiana Constitution declares the sovereignty of the State of Louisiana. Which can be and is sold for federal funds.
Feel free to e-mail me at rogerwknight@hotmail.com with any information that you have to share.
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