Breaking Free from Systemic Oppression: How Removing Court and CSEA Involvement Protects Families from Constitutional Violations
The child support system, often administered through agencies like the Child Support Enforcement Agency (CSEA), has become a powerful tool that can perpetuate systemic abuse, infringe upon constitutional rights, and undermine the integrity of parent-child relationships. By transitioning to a private child support arrangement, parents can reclaim their autonomy and eliminate one of the many pathways the system uses to exert undue control over their lives.
The Constitutional Violations of the Current System
The child support enforcement system often operates in ways that skirt constitutional protections for parents and children. Some key violations include:
Due Process Violations: Parents frequently face financial penalties, wage garnishments, or even incarceration without adequate due process. In many cases, parents are not given the opportunity to meaningfully contest decisions or are burdened by imbalanced legal proceedings.
Equal Protection Violations: The system often disproportionately impacts low-income parents, particularly fathers, by criminalizing their financial struggles while failing to account for the complex realities of shared parenting or mutually beneficial arrangements.
Extortion and Coercion: The financial structure of the child support system creates incentives for courts and agencies to enforce rigid payment plans, even when the arrangement is harmful to families. The federal government reimburses states for collecting child support, effectively turning the system into a profit-driven enterprise rather than a means of ensuring children’s well-being.
How CSEA Involvement Perpetuates Abuse
The CSEA and similar agencies are deeply entrenched in a system that prioritizes revenue generation over family unity. Here’s how:
Incentivized Enforcement: Federal funding is tied to the amount of child support collected by states. This creates a perverse incentive to maximize collections rather than foster cooperative agreements between parents. As a result, parents are often forced into adversarial positions, escalating conflict and harming children.
Punitive Measures: When parents struggle to meet payment obligations, the system often employs punitive measures like license suspension, credit damage, and even imprisonment. These punishments do not benefit children and often exacerbate family financial instability.
Erosion of Parental Autonomy: By inserting itself into private family matters, the CSEA undermines parents’ ability to make decisions in the best interests of their children. It fosters a dependency on the state rather than encouraging mutual cooperation between parents.
Why a Private Agreement is the Solution
Moving child support arrangements out of the court and CSEA systems and into private agreements empowers parents to reclaim their autonomy and protect their families from systemic exploitation.
Restoring Parental Rights: Private agreements allow parents to make decisions that reflect their unique circumstances, rather than being subjected to one-size-fits-all mandates. This promotes cooperation and reduces conflict.
Ending Financial Exploitation: By eliminating CSEA involvement, parents remove the financial incentives that drive the system’s abuse. The money directly supports the child rather than funding administrative overhead or state coffers.
Protecting Constitutional Freedoms: Private agreements reduce the risk of constitutional violations by ensuring that parents are not subjected to coercive state enforcement mechanisms.
Fostering Positive Relationships: Without the adversarial nature of court-ordered child support, parents can focus on fostering healthy relationships with their children and each other. This benefits the child’s emotional and psychological well-being.
Challenging the System’s Incentivization: A Fight for Freedom
The current child support enforcement model can be seen as a form of state-sponsored extortion, where parents are coerced into compliance under threat of punishment. This system:
Undermines the constitutional prohibition against involuntary servitude (13th Amendment) by forcing parents to make payments under punitive measures.
Violates substantive due process (14th Amendment) by interfering with fundamental parental rights without a compelling justification.
Denies families the opportunity to craft individualized solutions that better meet their needs.
By removing CSEA involvement, parents challenge the profit-driven motivations behind the system. This disrupts the cycle of abuse and provides a pathway to reclaiming personal freedoms and constitutional protections.
A Call to Action for Parents
Eliminating court and CSEA involvement is not just a practical solution—it’s a step toward dismantling a corrupt system that prioritizes revenue over children’s well-being. Parents must stand together to demand change and assert their rights:
Advocate for Autonomy: Push for reforms that empower families to manage child support privately, free from state interference.
Educate Others: Share the impact of the child support system’s abuses to raise awareness and inspire collective action.
Hold the System Accountable: Demand transparency and fairness in family law proceedings to ensure that the best interests of children are truly prioritized.
Conclusion
Removing the courts and CSEA from child support arrangements is a critical step in breaking free from a system that perpetuates conflict, violates constitutional rights, and exploits families for financial gain. By creating private agreements, parents can protect their autonomy, foster healthier relationships, and shield their children from the damaging effects of systemic abuse. It’s time to reclaim parental rights and put an end to the incentivized exploitation of families.
What can you do? Even most narcissistic personalities will agree to removing the control the courts have over their lives since feeling the loss of control is their primary driver to control and abuse others.
To file a motion to remove the court’s jurisdiction over child support payments and establish a mutually agreed-upon private arrangement, follow these steps:
Draft the Motion
Title your motion appropriately, such as “Motion to Terminate Court Jurisdiction Over Child Support and Approve Private Agreement”.
Clearly explain the purpose of the motion: that you and the other parent have come to a mutually agreed-upon child support arrangement and are requesting the court to terminate its jurisdiction over the support order.
Include the agreed-upon terms of the private child support arrangement, such as payment amounts, frequency, and any other relevant conditions.
Explain how the private agreement serves the best interests of the child and ensures financial support.
Include a Copy of the Agreement
Attach the written agreement between you and the other parent as an exhibit. Both parties must sign the agreement, and it is advisable to have it notarized.
Address Legal Considerations
Acknowledge in the motion that both parties voluntarily consent to this arrangement.
Confirm that the agreement meets or exceeds the state’s child support guidelines or explain why the arrangement is reasonable.
Indicate that there are no arrears owed under the current court order or that both parties agree to waive arrears.
File the Motion
File the motion with the clerk of the court where the current child support order is on file. Include all required exhibits and pay any filing fees.
Serve the Motion
Serve a copy of the motion and attached documents to the other parent (if they are not the filing party) and any other relevant parties, such as the Child Support Enforcement Agency (CSEA), if applicable.
Request a Hearing
Some courts may require a hearing to ensure the private agreement is fair and in the child’s best interests. Request a hearing date when filing the motion.
Attend the Hearing
Present the motion and agreement to the judge, emphasizing the voluntary nature of the arrangement, the sufficiency of the support provided, and how it benefits the child.
SAMPLE MOCK MOTION TO REMOVE COURT JURISDICTION OVER CHILD SUPPORT AND INSTEAD MAKE IT A LEGALLY BINDING CONTRACT THAT REMOVES THE INCENTIVIZATION OF SYSTEMIC ABUSE FOR PROFIT:
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
CASE NO. [Your Case Number]
[Your Name],
Plaintiff,
v.
[Other Parent’s Name],
Defendant.
MOTION TO TERMINATE COURT JURISDICTION OVER CHILD SUPPORT AND APPROVE PRIVATE AGREEMENT
NOW COMES [Your Name], Plaintiff, and [Other Parent’s Name], Defendant, jointly moving this Court to terminate its jurisdiction over child support payments in this case and approve the attached private child support agreement.
FACTUAL BACKGROUND
1. A child support order currently exists in this matter, under the jurisdiction of this Court.
2. The parties have mutually agreed upon an alternative arrangement for the payment of child support, which is detailed in the attached agreement (Exhibit A).
3. The agreement ensures that the child(ren) will continue to receive adequate financial support in a manner agreed upon by both parents.
4. The parties believe that this private arrangement is in the best interests of the child(ren) and agree to abide by its terms without further court involvement.
LEGAL ARGUMENT
1. Ohio law allows for private agreements between parents concerning child support, provided they are voluntary, fair, and in the best interests of the child(ren).
2. The attached agreement satisfies these criteria, as both parties have signed and notarized the document.
3. Terminating the Court’s jurisdiction over child support payments in this case will reduce unnecessary litigation and allow the parties to manage their responsibilities independently.
RELIEF REQUESTED
WHEREFORE, the parties respectfully request that this Court:
1. Terminate its jurisdiction over child support payments in this case;
2. Approve the attached private child support agreement as the governing document between the parties; and
3. Grant any additional relief the Court deems just and equitable.
Respectfully submitted,
[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
[Other Parent’s Name]
[Their Address]
[Their Phone Number]
[Their Email Address]
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion has been served upon [Other Parent’s Name] and [any other relevant parties] via [method of service, e.g., email, U.S. mail] on this ___ day of ___________, 2024.
[Your Name]
Important Considerations
1. Court Approval: The court must approve the agreement to ensure it meets legal and child welfare standards. Without approval, the court retains jurisdiction.
2. State-Specific Rules: Ohio law may have specific provisions about modifying or terminating child support orders. Consult the Ohio Revised Code or an attorney for guidance.
3. CSEA Involvement: If child support enforcement is already involved, they may need to be notified and included in the process.
4. Voluntary Agreement: The court will only approve the agreement if it is deemed voluntary and in the child’s best interests.
