Jails / Prisons : Debtors Prison?

Discussion in 'Law Forum - Prisons - Gun Ownership' started by Kemetstry, Feb 28, 2012.

  1. Kemetstry

    Kemetstry going above and beyond PREMIUM MEMBER

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    Rule could leave child-support debtors no income


    By DANIEL WAGNER
    AP Business Writer
    WASHINGTON (AP) - Old child support debts could cost thousands of poor men their only income next year because of a policy aimed at reducing the cost to the government of mailing paper checks to pay federal benefits.
    The Treasury Department will start paying benefits electronically next March. It will stop issuing the paper checks that many people rely on to safeguard a portion of their benefits from states trying to collect back child support.
    States can freeze the bank accounts of people who owe child support. A separate Treasury Department rule, in place since last May in a preliminary form, guarantees them the power to freeze Social Security, disability and veterans' benefits that have been deposited into those accounts.
    Once paper checks are eliminated, about 275,000 people could lose access to all of their income, advocates say.
    "It's kind of Orwellian, what's being set up here for a segment of the population," says Johnson Tyler, an attorney who represents poor and disabled people collecting federal benefits. "It's going to be a nightmare in about a year unless something changes."
    In many cases, the bills are decades old and the children long grown. Much of the money owed is interest and fees that add up when men are unable to pay because they are disabled, institutionalized or imprisoned.

    http://www.msnbc.msn.com/id/46539868

    Is this the way to solve the issue?
     
  2. Keita Kenyatta

    Keita Kenyatta going above and beyond PREMIUM MEMBER

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    You do know that all of this is about guaranteeing that specific population of prisoners in the system, right? I am so darn tired of our complacency concerning our lives and our children that it's amazing that I haven't busted a blood vessel yet! How hard is it to ask a black man to just be a dam black man!?? How hard is it to just ask a black mother to just be a black mother!?? I say this because I know that if we just function off of the fact that we supposedly LOVE OUR CHILDREN, then there's certain ish that we just shouldn't be allowing our children to go through...at least not in the name of love...if we love them that is.

    However, I do know the problem here. It must be the "LOVE" thing. No, I did not find that word or that European concept anyplace in our history.
     
  3. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    Child support is a bit of a rope-a-dope with regard to being imprisoned by debt.

    The imprisonment is not so much for the debt, but for failure to appear in court or abide by a court agreement.

    This could all just as easily be avoided by learning how not to contract .... especially with administrative courts.
     
  4. Destee

    Destee destee.com STAFF

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    Brother Shikamaru ... are you saying a Black Man in this situation ... can avoid contracting with administrative courts?

    How does he do that?

    Of course i can see if he never gets in child support trouble, how it could easily be avoided, but what if he is in such trouble?

    Can it still be avoided ... making contracts with courts regarding the support?

    How?

    Thanks in advance.

    Love You!

    :heart:

    Destee
     
  5. Kemetstry

    Kemetstry going above and beyond PREMIUM MEMBER

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    This is a time of extreme economic hardship. How is a person with no job suppose to pay up? Basically, they are saying they will take all your uemployment and food stamops and leave you to starve. Btw, the majority pf people this will affect are white.


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  6. Kemetstry

    Kemetstry going above and beyond PREMIUM MEMBER

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    But if you dont have a job, how do you keep to the agreement?


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  7. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    1. There is a difference between administrative courts and courts of record. Both being mutually exclusively.
    2. There is a difference between a magistrate and a judge. Judges are higher ranked judicial officers than the former.
    3. As far as administrative courts go some stuff to study includes: Administrative Procedures Act (APA), in personom jurisdiction, in rem jurisdiction, standing, civil procedures, drafting court documents, special appearance, general appearance, and Jurisdictionary . Custody courts are in rem proceedings. In rem proceedings are typically for property.
    4. Children typically have birth certificates. Birth certificates make the State the superior guardian over the children. The biological parents become mere baby sitters.
    5. You aren't obligated to endorse anything presented :).
    6. When in court, learn how to make the record.
     
  8. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    Who says you are obligated to endorse any agreement presented to you?
     
  9. Kemetstry

    Kemetstry going above and beyond PREMIUM MEMBER

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    The court tends to dictate in FOC situations. lol


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  10. Destee

    Destee destee.com STAFF

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    Now you know this has prompted more questions in my mind ... Thank You!

    I won't bother you right now, as i'm not currently facing this situation, but i'm sure many are and you've given lots of food for thot!

    While i'm not inclined to worry you to death right now about this, if i was behind in child support, i surely would be!

    This is great ... a hope ... that maybe some Brothers can get up on their understanding of the law and turn their fate around!

    Good Stuff ... a step in the right direction for many ... Thank You! :kiss:

    :heart:

    Destee
     
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