PETITION for CHILD SUPPORT REFORM

These are examples used for “Contempt of Court Proceedings” If you are out of work and unable to pay, employed and making partial payments, or having your check/benefits garnished, below you will find examples of “Elements of the Offense” for Contempt of Court. Elements of the Offense are required and 100% essential elements of a charge against you and ‘must’, repeat ‘must’ be proven prior to a Conviction of Contempt of Court.

Elements of the Offense for Contempt of Court may be found below. The elements are: first, “Ability to Pay” this needs to be proven before element two, “Willful Intent”. (Not to comply with a court order, to pay; also known as debtors’ prison.). There are two Federal Statutes and one State Statute found in the examples below. Every State is obligated to follow these Federal Statutes and please note, that the State Statute in the example only applies to Pennsylvania. You will have to find the State Statute (law) that applies to your State of residence.

You may need a lawyer to re-word the following situations for you and advise you on how to present them in your case.

EXAMPLE ONE: Being garnished and they still want more money.

I am presently being garnished, and there is no way ‘Willful Intent’ not to pay, or not comply with a court order may be proven because it simply does not exist. It is also ‘impossible’ for the Court to establish that I have the ‘Ability to Pay’ more than what you are already garnishing.

To convict me of Contempt of Court is a Violation of my Rights of Due Process and a Violation of Federal Law; a law that you are under oath obligated to abide by and uphold. Please NOTE: The following two Federal Laws and one State Law, specifically addressing the ‘Elements of the Offense’. Critical and essential elements, that must be proven, prior to awarding a Contempt of Court Conviction. They are located below……….. (here is where you tell them where they may read the two Federal Statutes (for ex. below, bottom of this page, page 2…) YOU ALSO NEED TO REPLACE THE STATE LAW P.L.E. WITH YOUR RELATED LAW FROM YOUR STATE… To find it, go to the law library or Google it.))

A conviction of Contempt of Court will lead to an Appeal to an Appellate Court, a filing with the Judicial Review Commission and a copy of my transcript to the Federal Bureau of Investigations. (FBI is granted the authority to review and investigate any allegations where a member of the Court violates an Individuals Constitutional Rights and/or violates the Office in which a member of the Court took an oath, (contract)).

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

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

P.L.E. 7A ss. 12 —– Ability to Comply Re: Element of Offense (Please NOTE: This is a State Statute for the Element Ability to Comply and is a Pennsylvania only statute. You will need to find the Statute pertaining to your State that you reside in.).

END OF EXAMPLE ONE. Short and sweet and it WILL make them think otherwise before flushing your U.S. Constitutional Rights down the toilet!

EXAMPLE TWO: Out of work and no “Ability to Pay”

I am presently unemployed. My inability to pay and ‘intent to comply’ with a Court Order are reflected by my efforts to borrow money to make two partial payments and my efforts to seek employment at (here is where you put the name and addresses of where you sought employment.).

NOTE: There never has been, nor is there presently any proof submitted establishing I had the Ability to Pay, by the acting counsel, (here is where you put the name of who it is that is presenting the case against you. This will not always be a lawyer, often the Director of Child Support Enforcement… Another huge violation of the law.).

Please NOTE: The following two Federal Laws and one State Law, specifically addressing the ‘Elements of the Offense’. Critical and essential elements, that must be proven, prior to awarding a Contempt of Court Conviction. They are located below……….. (here is where you tell them where they may read the two Federal Statutes (for ex. below, bottom of this page, page 2…) YOU ALSO NEED TO REPLACE THE STATE LAW P.L.E. WITH YOUR RELATED LAW FROM YOUR STATE… To find it, go to the law library or Google it.))

A conviction of Contempt of Court will lead to an Appeal to an Appellate Court, a filing with the Judicial Review Commission and a copy of my transcript to the Federal Bureau of Investigations. (FBI is granted the authority to review and investigate any allegations where a member of the Court violates an Individuals Constitutional Rights and/or violates the Office in which a member of the Court took an oath, (contract)).

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

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

P.L.E. 7A ss. 12 —– Ability to Comply Re: Element of Offense (Please NOTE: This is a State Statute for the Element Ability to Comply and is a Pennsylvania only statute. You will need to find the Statute pertaining to your State that you reside in.).

END OF EXAMPLE TWO.

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!”