Legal Question in Family Law in Virginia

If peonage is abolished: 42 usc 1994... & the 13th Amendment...

where does the state ''get off'' allowing a debt to accumulate plus interest under a non-custodial parents' name, through no fault of his own becoming unemployed due to a lay-off?

This makes manifest a condition of involuntary servitude does it not? Noncustodial parent has been making timely payments and wishes to continue doing so, but the state has no control over the economy anymore than parent does over the weather. Nor can the state ''predict'' what the noncustodial parent can command in the way of future salary.

See the U.S. Supreme Court case: Clyatt v. U.S. 197 U.S. 207, 215-217. See also Title 42 U.S.C. 1994 (Peonage Abolished) and the related Crimes under Title 18.

Is this not legal & psychological coercion? Please ''back it up''

Thank you,

--name removed--


Asked on 1/12/04, 1:38 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: If peonage is abolished: 42 usc 1994... & the 13th Amendment...

No, it is neither. The noncustodial parent which you reference could've have notified the "state"(I guess you mean DCSE [Div. of Child Support Enforcement]when he became unemployed and requested that his child support obligation be suspended or at least reduced during the time he was laid off from his job. If he had been under a court order rather than an administrative order, the court would've expected the same of him. His failure to give the

proper notice and make the request for an appropriate reduction or suspension in his support until he could regain his employment is the reason that his arrearage(debt) continued to accumulate with interest.

This is a situation, unfortunately, which the noncustodial parent has brought upon himself and has nothing to do whatsoever with involuntary servitude imposed upon this hapless chap by

insidious and uncaring government bureaucrats.

Read more
Answered on 1/12/04, 8:48 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia