Thursday, June 01, 2006

Profit Motive of the Legal System

"Difficult times such as these have always tested our fidelity to the core democratic values of openness, government accountability, and the rule of law. The Court fully understands and appreciates that the first priority of the executive branch in a time of crisis is to ensure the physical security of its citizens. By the same token, the first priority of the judicial branch must be to ensure that our Government always operates within the statutory and constitutional constraints which distinguish a democracy from a dictatorship." - recent opinion in Center For Nat. Security Studies v. U.S. Dept. of Justice, 2002 WL 1773067 D.D.C.,2002. Aug. 2, 2002

The methods the courts use to enforce the alimony laws and statues are violating your Constitutional rights largely as a way to fill the pockets of the legal profession and that is the focus of this blog. A profit motive is what is driving the present system and is at the seat of the inequity. There is very little being done to ease the pain of family dissolutions.

While this is not about child-support, it is about alimony, which usually goes hand-in-hand with child-support. Consequently, spouses who are unable to pay the support are most often times not able to pay the alimony either. So when you see child-support mentioned here, you can take it to mean that alimony is close by.

Some of you will undoubtedly come up with situations where you or an individual you know were cheated out of support or alimony by your ex-spouse or other similar abuse. Yes, inequities do exist for both spouses but it is felt they are the exceptions rather than the rule. How many more innocent people are abused by the family law system than are helped by it?

A similar situation exists in opinions held by people on the death penalty. Opponents of it declare that they would rather see many criminals avoid death rather than unjustly put an innocent person to death. However, in family law it is the other way around. Thousands of law-abiding, innocent spouses are put to financial death while the other spouse gets off with a free meal ticket for life. Yet, no one protests on behalf of the adversely affected spouse.

An excellent article submitted to the media by one of our viewers indicates the profit motive of the court system. In reading this article, you need to be aware that Florida and other states lump all alimony and child support payments together. They are labeled as child support in representing them to the Federal Government in order to get their grant money. Read: Why Parenting Time Motions Fail and Child Support Motions Succeed.

MARRIAGE STRIKE: alimony laws are destroying the very fabric and building block of our society and nation
* More on the Marriage Strike by Wendy McElroy

* Three Dirty Words------First Amendment Rights

LEGAL INFORMATION AND RESEARCH CORNER:* BRB Publications, publisher of public records monographs, reference works and databases, merged the former Public Record Sources Web site into the Web site for BRB Publications and Facts on Demand Press. The link provided here takes you to the free resources. For the subscription-based databases, see the main site at

* No Way To Treat Our Soldiers
* Births To Unmarried U.S. Women Set Record seems to lend credence to the “marriage strike” in the country. Alimony laws are supporting the instances of co-habitation by couples wanting to avoid the financial problems for men caused by divorce and the loss of alimony income by women.
* NY Wants a Better No-fault Divorce Law

* Littlejohn v. Rose, 768 F. 2d 765, *6th Cir. (1985) - The case states that divorce is within the umbrella of the Right of Privacy. That means any statute written in that zone is privacy protected and presumptively unconstitutional. The only question remaining is: "Is there a compelling state interest for the alimony statute and is it minimally applied?"

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