Legal Question in Appeals and Writs in Colorado

I want to challenge the child support law federally as unconstitutional. Im currently researching and gathering information. I cant find clear information on how the process of contesting this goes and getting my argument in court.

The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime.

Section 2 specifically states that congress has the "enforce" this amendment, not change it.

I believe this law to be involuntary servitude. Peonage by governmental powers.

The Peonage Abolition Act of 1867

AN ACT

To abolish and forever prohibit the System of Peonage in the Territory of New Mexico and other Parts of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the holding of any person to service or labor under the system known as peonage is hereby declared to be unlawful, and the same is hereby abolished and forever prohibited in the Territory of New Mexico, or in any other Territory or State of the United States; and all acts, laws, resolutions, orders, regulations, or usages of the Territory of New Mexico, or of any other Territory or State of the United States, which have heretofore established, maintained, or enforced, or by virtue of which any attempt shall hereafter be made to establish, maintain, or enforce, directly or indirectly, the voluntary or involuntary service or labor of any persons as peons, in liquidation of any debt or obligation, or otherwise, be, and the same are hereby, declared null and void; and any person or persons who shall hold, arrest, or return, or cause to be held, arrested, or returned, or in any manner aid in the arrest or return of any person or persons to a condition of peonage, shall, upon conviction, be punished by fine not less than one thousand nor more than five thousand dollars, or by imprisonment not less than one nor more than five years, or both, at the discretion of the court.

"I believe this act to be useful in my argument."

The situation would be the goverment creates a debt/obligation using its human resources department/District courts by creating an order through an unconstitutional law forcing individuals to pay the debt/obligation. The act specifically states, involuntary or voluntary labor for liquidation of debt/obligation.

This is where i get to the point of criminal action against thousands of americans through the abuse of government powers. Which state,

"any person or persons who shall hold, arrest, or return, or cause to be held, arrested, or returned, or in any manner aid in the arrest or return of any person or persons to a condition of peonage, shall, upon conviction, be punished by fine not less than one thousand nor more than five thousand dollars, or by imprisonment not less than one nor more than five years, or both, at the discretion of the court."

Also planning to present extortion/blackmail, because they use the disobedience of the order to put said individuals in jail as payment for the obligation owed to the child. I find this duress to be no diffrent than a pistol in my face, which has happened to me so i feel i have the right/duty to compare the two.

Federal law "the coercion"

18 U.S. Code � 228 - Failure to pay legal child support obligations

(a)Offense.�Any person who�

(1) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000;

(2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or

(3) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000;

shall be punished as provided in subsection (c).

Though I have found no laws against payment under duress,(still searching), i think attacking the law morally may also prove to be of assitance.

Any thoughts are welcome, i majorly need to know step for step how to get my argument in court


Asked on 5/05/16, 6:54 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Having to pay a debt isn't slavery or involuntary servitude. That's true whether the debt is for child support or for anything else. That federal law gives people more incentive to pay certain types of debts isn't a 13th-Amendment issue either. It just means that the government considers non-payment of those debts a particularly serious problem.

If you owe child support and lack the means to pay it, I empathize. But that wouldn't mean you're a slave. It would just mean you're broke. If you're simply angry because you can't get away with betraying your own children, that also wouldn't mean you're a slave. It would just mean you're proof that laws like this really are necessary.

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Answered on 5/05/16, 7:17 pm
Stephen Harkess Colorado Legal Solutions

First step is to realize that you're not that special. You aren't the first person to think of challenging the requirement to pay child support. You are not a slave. You just need to realize that certain actions - such as making children - have consequences.

If you are serious about mounting a constitutional challenge - despite the almost complete futility of the exercise - you will need to start by raising the challenge in the trial court. You will also need to notify the state Attorney General that you are challenging the constitutionality of the child support statute. When you lose at the trial court, you will need to file an appeal to the Colorado Court of Appeals. This will require you to draft a very well researched legal brief that outlines the constitutional arguments.

Once you lose at the Court of Appeals level, you will need to file a petition for cert to the Colorado Supreme Court. Most of these petitions are denied. If yours is granted you will need to draft a brief to argue your case before the Colorado Supreme Court.

After the Colorado Supreme Court rules against you, you will need to file a petition for cert to the United States Supreme Court. Over 95% of these petitions are denied and it will not be easy for you to get yours heard as the Supreme Court usually hears cases where there is a split in different lower courts. However, if they decide that your argument is worth listening to, you will need to file a brief and argue your case in Washington, D.C.

This is going to cost you a lot of money to pursue and your chances of success appear extremely low. Hopefully you are very wealthy. Good luck.

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Answered on 5/06/16, 8:43 am


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