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Element of The Offense

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This is a response to an Article by the Trentonian staff,

QUOTE, “MOUNT HOLLY — Burlington County Sheriff Jean Stanfield yesterday announced the arrest of 37 deadbeat parents who owed more than $745,000 in back child support.

But there were 118 deadbeat suspects on the list to begin with, so only about one out of every three of them were flushed out to daylight, said Undersheriff Leo Vanderbilt.
It is hard to believe, that not one of these individuals were afforded the right to a trial by jury, according to the Bill of Rights VII Amendment.”

RESPONSE:

I wonder if any of these people knew that according to the LAW, IN ORDER FOR THEM TO BE CONVICTED OF CONTEMPT OF COURT,

“IT MUST BE PROVEN BY OPPOSING COUNSEL THAT “THEY HAD THE ABILITY TO PAY””???

‘Ability to Pay’ is a MUST “Element of the Offense” that must be proven, before you can even attempt to prove, “Willful Intent” not to pay.

Didn’t one of these individuals receive notice of their rights? Hard to believe that if they were afforded legal council, that none of them were made aware of these Statutes:

U.S.C.A. Title 18 xx. 401 Note 14 —– Intent “Wrongful intent is required in every case to support a contempt conviction, and proof beyond reasonable doubt.”

P.L.E. 7A ss. 12 —– Ability to Comply Re: Element of Offense.

US ATTORNEYS – USAM/Title 9/ Criminal Resource Manual 753 Elements of the Offense of Contempt —– lists the third (3rd) Element, “the violation was willful.”

According to a Cornell University of Law article, (CIVIL CONTEMPT AND THE INDIGENT CHILD SUPPORT OBLIGOR: THE SILENT RETURN OF DEBTOR’S PRISON, by Elizabeth G. Patterson) “A finding of ability to pay the ordered support is a necessary precedent to both a finding of contempt and the penalty of coercive incarceration. Otherwise, the incarceration can only be characterized as punishment for being poor.”

Yep aroo little buckaroo’s… debtors’ prison a silent return. And if we remain silent, don’t you think this is going to effect other Gov’t programs?

Maybe… it will effect (or already has effected) State and Federal Agencies that are selling off portions of their Judicial responsibilities and programs to Private Contractors? (Arizona’s prison system up for bids!). BETTER WAKE UP!

Please take a moment and SIGN for Child Support Reform. You do not have to be directly involved in the Child Support System to Sign this Petition. Yet, we are all apart of the System; if someones’ U.S. Constitutional Rights are being violated, you are being violated. How much more Government interference are you able to put up with? Presently, the Children are always the losers; relationships are being ruined, thousands go to jail and thousands commit suicide each year! PLEASE USE THE COMMENT FORM TO SIGN LOCATED AT THE BOTTOM OF THIS PAGE; Thank You!

“The more of us we have, the more hope we have and hope is the commodity we need; RIGHT NOW!”

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About The Author

My name is James (Jim) DeLelys. I have been involved in the Child Support System for nearly 16 years. Over those years I have acquainted myself with countless individuals who have had to bear the burden of a terribly broken and corrupt sytem. It is through 'listening' that I have come to the enevitable conclusion that Child Support Laws and Government interference can not be tolerated anymore.

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