Ill Father sentanced to 1 year in prison for failure to pay CS

[Dave]

Joplin man sentenced to prison for failure to pay child support
http://www.joplinglobe.com/story.php?story_id=37546
"..too depressed to work was sentenced to a prison term Monday after
testimony showed that he was diagnosed with major depression.."

[Freedom]

Boy oh boy, that is one judge that needs life to teach him lessons of
humanity.

May God bless the father and do what he pleases with that despicable judge.


"Dave" <dave@freedoms-door> wrote in message
...
> Joplin man sentenced to prison for failure to pay child support
> http://www.joplinglobe.com/story.php?story_id=37546
> "..too depressed to work was sentenced to a prison term Monday after
> testimony showed that he was diagnosed with major depression.."
>
>

[Layne Barlow]

On Fri, 11 Jul 2003 10:54:25 -0400, "Dave" <dave@freedoms-door> wrote:

>Joplin man sentenced to prison for failure to pay child support
>http://www.joplinglobe.com/story.php?story_id=37546
>"..too depressed to work was sentenced to a prison term Monday after
>testimony showed that he was diagnosed with major depression.."
>

The good news is when he's out of prison he can't be charged or tried
again for not paying those arrearages.

[Tiffany]

Dave <dave@freedoms-door> wrote in message
...
> Joplin man sentenced to prison for failure to pay child support
> http://www.joplinglobe.com/story.php?story_id=37546
> "..too depressed to work was sentenced to a prison term Monday after
> testimony showed that he was diagnosed with major depression.."
>
>

So if I don't feed my kid for a few weeks because I am depressed (and a
diagnosis for major depression is VERY easy to come by.) and the state takes
my kid away, can't I just say but hey I was depressed????

though I don't agree with his inprisonment, I don't agree with using
depression as a reason to not work.

[Pete]

On Fri, 11 Jul 2003 14:15:34 -0400, "Tiffany"
> wrote:

>
>Dave <dave@freedoms-door> wrote in message
...
>> Joplin man sentenced to prison for failure to pay child support
>> http://www.joplinglobe.com/story.php?story_id=37546
>> "..too depressed to work was sentenced to a prison term Monday after
>> testimony showed that he was diagnosed with major depression.."
>>
>>
>
>So if I don't feed my kid for a few weeks because I am depressed (and a
>diagnosis for major depression is VERY easy to come by.) and the state takes
>my kid away, can't I just say but hey I was depressed????
>
>though I don't agree with his inprisonment, I don't agree with using
>depression as a reason to not work.

Well I sure wish you'd talk to my daughter's mother then. She has used
depression as an excuse not to work for the past 16 years or so. No,
she's much happier living off SSI and child support.

[Meldon Fens]

Leslie > wrote in message
om...
> "Dave" <dave@freedoms-door> wrote in message
>...
> > Joplin man sentenced to prison for failure to pay child support
> > http://www.joplinglobe.com/story.php?story_id=37546
>>>>......


> As a general rule, I wonder if
> most people stop to think how hard it will be to support a child
> before they have any, much less five.

Doesn't this seem to be the true agenda?









>
> "Two years ago, his ex-wife was awarded an increase in the support
> that more than doubled his payments, increasing them from $200 to
> $470. The increase was granted to help pay medical expenses when
> Buerge's daughter was being treated for cancer."
>
> Anyone that has dealt with the finacial devestation the comes with
> cancer treatment, even WITH insurance can understand the need to
> expect the other parent to help with those expenses.
>
> "At the sentencing hearing Monday, Buerge told the judge that he paid
> support for his daughter from 1988 until the increase in 2001, but
> that another court had granted the increase without Buerge being
> notified that a hearing was being held to consider the increase."
>
> It would be very interesting to know the circumstances behind him not
> being notified. Normally if a NCP is paying child support through a
> child support agency they are strongly advised to keep said agency
> informed of their current address in case the NCP needs to be notified
> for some reason. The NCP is also strongly advised and usually court
> ordered to keep the CP advised of their current address.
>
>
> "But the prosecution contended that Buerge stopped paying even the
> former amount of $50 a week after the increase was awarded.
> Buerge contended that he was unable to pay because he was
> self-employed in commercial lawn mowing and his mowing equipment had
> been stolen."
>
> Gee, what a streak of bad luck, or an uncanny coincidence. This guy
> just so happens to get an increase in child support ordered, and his
> commercial lawn mowing equipment was stolen, leaving him completely
> able to work. I wonder if he ever considered looking for another job?
>
> "A psychologist testified Monday that Buerge's two years of
> unemployment and failure to take care of his responsibility to pay
> child support was the result of a mental illness - major depression
> that was brought on by his daughter's diagnosis with cancer.
>
> Buerge's condition was so severe that he is unable to hold a job
> unless he receives mental-health treatment, the psychologist
> testified."
>
> Hmmm... he had been behind on child support for two years. It seems
> he didn't have a problem continuing to work and pay the $200. It
> wasn't until he was also asked to contribute more to his childs
> medical care that the depression rendered him unable to work...
>
> "But the prosecution contended that if Buerge was capable of
> completing the written mental-health tests and undergoing therapy, he
> was capable of trying to find a job."
>
> I agree. If this man was so willing to get treatment so that he could
> go back to work, why didn't he think about getting treatment sometime
> during the two year period? Why was it that the though of getting
> treatment and finding a job only occurred to him when he was facing a
> jail sentence???
>
> "Additionally, Buerge admitted to abusing methamphetamine. The
> psychologist described Buerge's drug abuse as a form of
> self-medicating to alleviate symptoms of the depression.
>
> The judge, though, questioned why the doctor could describe the drug
> abuse as self-medicating when a background investigation revealed that
> Buerge had engaged in drug use before the depression started."
>
> OK, this takes the cake. This guy obviously has money to get illegal
> drugs, yet he can't contribute any support to his daughter being
> treated for cancer?
>
> What a victim of the cruel, evil child support system he is.

[Batch File]

Use that reasoning in denying some welfare **** a check every month.
"Tiffany" > wrote in message
...
>
> Dave <dave@freedoms-door> wrote in message
> ...
> > Joplin man sentenced to prison for failure to pay child support
> > http://www.joplinglobe.com/story.php?story_id=37546
> > "..too depressed to work was sentenced to a prison term Monday after
> > testimony showed that he was diagnosed with major depression.."
> >
> >
>
> So if I don't feed my kid for a few weeks because I am depressed (and a
> diagnosis for major depression is VERY easy to come by.) and the state
takes
> my kid away, can't I just say but hey I was depressed????
>
> though I don't agree with his inprisonment, I don't agree with using
> depression as a reason to not work.
>
>

[Batch File]

He isn't going to be charged with failure to pay the same arrears, he will
be charged with failure to pay the arrears that accured while he was in jail
or afterwords. Violation of parole or probation have noting whatsoever to do
with double Jeopardy.


"Layne Barlow" > wrote in message
...
> Oh, it's true. It's called double or former jeopardy. Look it up in
> your Constitution.
>
> Layne
>
>
> On Sat, 12 Jul 2003 03:35:00 GMT, "Batch File" > wrote:
>
> >Not true. If he continues to be unable to pay, he will be jailed again.
> >Also, because probation or parole are a part of any conviction, he could
> >receive even more time.
> >
> >"Layne Barlow" > wrote in message
> ...
> >> On Fri, 11 Jul 2003 10:54:25 -0400, "Dave" <dave@freedoms-door> wrote:
> >>
> >> >Joplin man sentenced to prison for failure to pay child support
> >> >http://www.joplinglobe.com/story.php?story_id=37546
> >> >"..too depressed to work was sentenced to a prison term Monday after
> >> >testimony showed that he was diagnosed with major depression.."
> >> >
> >>
> >> The good news is when he's out of prison he can't be charged or tried
> >> again for not paying those arrearages.
> >>
> >
>
>

[Batch File]

Well, being one step away from this mans situation. I can sypathize.


"Hobbit" > wrote in message
...
> On Sat, 12 Jul 2003 03:56:06 GMT, "Batch File" > wrote:
> Yes, the key is "can't afford to pay", not "refusing to pay".
> Probation, jail, prison, nothing will change the can't afford to pay
> thing. Can't afford means can't afford, what don't these court people
> and these prosecutors not understand about not being able to afford to
> pay a debt. They are blind idiots, once again makes me sick, sick,
> sick. No human being should ever be imprisoned over owing money, no
> matter what form the debt takes. It is idiotic and perverse.
>
>
>
>
>
>
> >"Holcomb said he tries to obtain pleas that result in probation to give
> >parents who legitimately go through a temporary financial setback or a
> >mistake in judgment a second chance to take care of their children
> >appropriately and to be available to their children for visitation."
> >
> >
> >Why don't we give women a second chance ot get off their lazy asses as
> >oppose to giving them a free welfare check?
> >
> >Better yet. Why don't we just jail them like we do poor fathers?
> >
> >"Dave" <dave@freedoms-door> wrote in message
> ...
> >> Joplin man sentenced to prison for failure to pay child support
> >> http://www.joplinglobe.com/story.php?story_id=37546
> >> "..too depressed to work was sentenced to a prison term Monday after
> >> testimony showed that he was diagnosed with major depression.."
> >>
> >>
> >
>
>

[Phil #3]

"Hobbit" > wrote in message
...
> On Sat, 12 Jul 2003 03:56:06 GMT, "Batch File" > wrote:
> Yes, the key is "can't afford to pay", not "refusing to pay".
> Probation, jail, prison, nothing will change the can't afford to pay
> thing. Can't afford means can't afford, what don't these court people
> and these prosecutors not understand about not being able to afford to
> pay a debt. They are blind idiots, once again makes me sick, sick,
> sick. No human being should ever be imprisoned over owing money, no
> matter what form the debt takes. It is idiotic and perverse.
>

The state is counting on friends and family to pitch in and pay it, anything
to get their money back, and just a bit extra, for supporting the mother and
children.
Phil #3


>
>
>
>
>
> >"Holcomb said he tries to obtain pleas that result in probation to give
> >parents who legitimately go through a temporary financial setback or a
> >mistake in judgment a second chance to take care of their children
> >appropriately and to be available to their children for visitation."
> >
> >
> >Why don't we give women a second chance ot get off their lazy asses as
> >oppose to giving them a free welfare check?
> >
> >Better yet. Why don't we just jail them like we do poor fathers?
> >
> >"Dave" <dave@freedoms-door> wrote in message
> ...
> >> Joplin man sentenced to prison for failure to pay child support
> >> http://www.joplinglobe.com/story.php?story_id=37546
> >> "..too depressed to work was sentenced to a prison term Monday after
> >> testimony showed that he was diagnosed with major depression.."
> >>
> >>
> >
>

[Batch File]

"The state is counting on friends and family to pitch in and pay it,
anything to get their money back, and just a bit extra, for supporting the
mother and children."

The State has never paid a dime to support my child or my well to do ex.
They've done nothing but try to profit from the greed of my ex by charging
10% for money I never made and never could make.

This is stated sponsored extortion in my case. Then my ex being a previously
convicted embezzler makes it abundently clear why she's doing the
unthinkable, unethical, to me.





"Phil #3" > wrote in message
...
>
> "Hobbit" > wrote in message
> ...
> > On Sat, 12 Jul 2003 03:56:06 GMT, "Batch File" > wrote:
> > Yes, the key is "can't afford to pay", not "refusing to pay".
> > Probation, jail, prison, nothing will change the can't afford to pay
> > thing. Can't afford means can't afford, what don't these court people
> > and these prosecutors not understand about not being able to afford to
> > pay a debt. They are blind idiots, once again makes me sick, sick,
> > sick. No human being should ever be imprisoned over owing money, no
> > matter what form the debt takes. It is idiotic and perverse.
> >
>
> The state is counting on friends and family to pitch in and pay it,
anything
> to get their money back, and just a bit extra, for supporting the mother
and
> children.
> Phil #3
>
>
> >
> >
> >
> >
> >
> > >"Holcomb said he tries to obtain pleas that result in probation to give
> > >parents who legitimately go through a temporary financial setback or a
> > >mistake in judgment a second chance to take care of their children
> > >appropriately and to be available to their children for visitation."
> > >
> > >
> > >Why don't we give women a second chance ot get off their lazy asses as
> > >oppose to giving them a free welfare check?
> > >
> > >Better yet. Why don't we just jail them like we do poor fathers?
> > >
> > >"Dave" <dave@freedoms-door> wrote in message
> > ...
> > >> Joplin man sentenced to prison for failure to pay child support
> > >> http://www.joplinglobe.com/story.php?story_id=37546
> > >> "..too depressed to work was sentenced to a prison term Monday after
> > >> testimony showed that he was diagnosed with major depression.."
> > >>
> > >>
> > >
> >
>
>
>

[gini52]

"PrchrdnS" > wrote in message
...
> In a typing test, "gini52" wrote:
>
> >"Layne Barlow" > wrote in message
> ...
> >> Oh, it's true. It's called double or former jeopardy. Look it up in
> >> your Constitution.
> >>
> >> Layne
> >==
> >One little problem, Layne--Serial contempt does not constitute double
> >jeopardy. You might
> >want to go back to your law library and brush up a little.
> >==
>
> However while he is incarcerated, the arrearage piles up. This cause him
to
> violate the law once again: Entrapment.
==
Source? Case law?
==
==

[Layne Barlow]

On Sat, 12 Jul 2003 10:09:55 -0400, "gini52" > wrote:

>
>"Layne Barlow" > wrote in message
...
>> Oh, it's true. It's called double or former jeopardy. Look it up in
>> your Constitution.
>>
>> Layne
>==
>One little problem, Layne--Serial contempt does not constitute double
>jeopardy. You might
>want to go back to your law library and brush up a little.
>==
>==
>

"Serial contempt" *can* be former or double jeopardy. Depends on the
kind of contempt -- remedial or punitive. Big difference.

Layne

[Batch File]

The thing is, contempt gives the judge tremendous power. One man has been in
jail over 7 years for failure to produce community property that she says
exists and he said was lost in a bad investment.


"Layne Barlow" > wrote in message
...
> On Sat, 12 Jul 2003 10:09:55 -0400, "gini52" > wrote:
>
> >
> >"Layne Barlow" > wrote in message
> ...
> >> Oh, it's true. It's called double or former jeopardy. Look it up in
> >> your Constitution.
> >>
> >> Layne
> >==
> >One little problem, Layne--Serial contempt does not constitute double
> >jeopardy. You might
> >want to go back to your law library and brush up a little.
> >==
> >==
> >
>
> "Serial contempt" *can* be former or double jeopardy. Depends on the
> kind of contempt -- remedial or punitive. Big difference.
>
> Layne
>
>
>

[Layne Barlow]

On Sat, 12 Jul 2003 12:54:59 -0400, "gini52" > wrote:

>
>"PrchrdnS" > wrote in message
...
>> In a typing test, "gini52" wrote:
>>
>> >"Layne Barlow" > wrote in message
>> ...
>> >> Oh, it's true. It's called double or former jeopardy. Look it up in
>> >> your Constitution.
>> >>
>> >> Layne
>> >==
>> >One little problem, Layne--Serial contempt does not constitute double
>> >jeopardy. You might
>> >want to go back to your law library and brush up a little.
>> >==
>>
>> However while he is incarcerated, the arrearage piles up. This cause him
>to
>> violate the law once again: Entrapment.
>==
>Source? Case law?
>==
>==
>


Look it up in any state constitution's Bill of Rights. Federally,
it's found in the Fifth Amendment.

[Layne Barlow]

On Sat, 12 Jul 2003 16:48:48 -0400, "gini52" > wrote:

>
>"Layne Barlow" > wrote in message
...
>> On 12 Jul 2003 15:38:25 GMT, (PrchrdnS) wrote:
>>
>> >In a typing test, "gini52" wrote:
>> >
>> >>"Layne Barlow" > wrote in message
>> ...
>> >>> Oh, it's true. It's called double or former jeopardy. Look it up in
>> >>> your Constitution.
>> >>>
>> >>> Layne
>> >>==
>> >>One little problem, Layne--Serial contempt does not constitute double
>> >>jeopardy. You might
>> >>want to go back to your law library and brush up a little.
>> >>==
>> >
>> >However while he is incarcerated, the arrearage piles up. This cause him
>to
>> >violate the law once again: Entrapment.
>>
>> Must have hit a nerve here.
>>
>> More like a catch-22.
>>
>> Incarceration for a debt creates thin ice for the prosecution and
>> state,
>===
>Which is why NCPs are incarcerated for contempt of a court order, not for a
>debt.
>===
>===
>

Many times wrongfully so. When you've been involved with the courts
for as long as I have you soon discover not a lot of what they do has
much to do with the law. Our obligation is citizens is to return the
courts, kicking and screaming if needed, away from the rule of men and
back to the rule of law our constitutions promise us.

[Layne Barlow]

On Sat, 12 Jul 2003 19:33:35 GMT, "Batch File" > wrote:

>The thing is, contempt gives the judge tremendous power. One man has been in
>jail over 7 years for failure to produce community property that she says
>exists and he said was lost in a bad investment.
>
>

He's a good candidate for federal habeas corpus. Did his appeals
fail?

[Batch File]

The problem wit alot of cases I've seen, including my own, is that the
victim either can't afford or is not aware that all these laws have time
limits on them. So by the time they find out or figure it out, they are
screwed with no legal recourse.

That in my opinion, is the biggest flaw in the system. Even a mass murderer
has more rights and avenues of recouse, than a father in a cs fiasco in the
family fraud courts.

"Layne Barlow" > wrote in message
...
> On Sat, 12 Jul 2003 19:33:35 GMT, "Batch File" > wrote:
>
> >The thing is, contempt gives the judge tremendous power. One man has been
in
> >jail over 7 years for failure to produce community property that she says
> >exists and he said was lost in a bad investment.
> >
> >
>
> He's a good candidate for federal habeas corpus. Did his appeals
> fail?
>
>

[gini52]

"Batch File" > wrote in message
...
> That is exactly what happened in my case. No proof, either enter a plea
deal
> or go to jail. Some justice.
==
I do not know what the answer is to this. Wish I did. If I were an attorney,
I would argue
fervently, but it probably wouldn't mean a thing to the judge. They decide
how they are going to rule,
attempt to justify it, and move on.
==
==
>
>
> "Bob Whiteside" > wrote in message
> thlink.net...
> >
> > "gini52" > wrote in message
> > ...
> > >
> > > "Layne Barlow" > wrote in message
> > > ...
> > > > On 12 Jul 2003 15:38:25 GMT, (PrchrdnS) wrote:
> > > >
> > > > >In a typing test, "gini52" wrote:
> > > > >
> > > > >>"Layne Barlow" > wrote in message
> > > > ...
> > > > >>> Oh, it's true. It's called double or former jeopardy. Look it
up
> > in
> > > > >>> your Constitution.
> > > > >>>
> > > > >>> Layne
> > > > >>==
> > > > >>One little problem, Layne--Serial contempt does not constitute
> double
> > > > >>jeopardy. You might
> > > > >>want to go back to your law library and brush up a little.
> > > > >>==
> > > > >
> > > > >However while he is incarcerated, the arrearage piles up. This
cause
> > him
> > > to
> > > > >violate the law once again: Entrapment.
> > > >
> > > > Must have hit a nerve here.
> > > >
> > > > More like a catch-22.
> > > >
> > > > Incarceration for a debt creates thin ice for the prosecution and
> > > > state,
> > > ===
> > > Which is why NCPs are incarcerated for contempt of a court order, not
> for
> > a
> > > debt.
> > > ===
> > > ===
> >
> > Due to some issues in my case I was accused of being in contempt of
court.
> > The DA initiated a contempt proceeding based on the fact "there was a
> legal
> > and lawful order, the party had the ability to pay and willfully ignored
> the
> > court's order."
> >
> > When you go to court the DA presents the state's version of your payment
> > history and claims you are in contempt. They never provide any proof of
> > their assertion a party had the ability to pay. They never offer any
> proof
> > a party willfully ignored the order.
> >
> > The judges do not hold the DA's to a standard that requires them to
prove
> > their case. Instead, the judges accept the DA's statements as fact and
> > force the NCP to prove their innocence. Both the failure to prove the
> > allegation and the lack of innocent until proven guilty concepts are
> ignored
> > in family court.
> >
> > That is the kind of garbage that needs to be confronted by the citizens,
> and
> > bar certified lawyers are not willing to challenge the way judges handle
> > contempt proceedings.
> >
> >
>
>