xtitsx: (Default)
( 26 Jun 2017 04:12 pm)
i left the house way too early Monday afternoon, maybe 5:56 and got to school at 6:06.
in my mind i keep thinking that somehow it will take longer to commute to school on my motorcycle then it does by car but of course, that doesn't make any goddamned sense.
class didn't start until 6:30 so i took a walk around the nearly-empty building and down to the library in the basement.
when i returned to my classroom there were still only two other people in there besides me.
i made conversation with a guy who sits a few seats over from me.
he turned up to class with a sunburn and i inquired as to where he got it, then i asked how far he was into his legal education.
somehow in the course of our conversation the guy mentioned that he was thirty-two years old which absolutely shocked me.
with his bald head and paunchy face i was going to guess he was forty-five at the youngest, maybe a good-looking fifty-two.
the poor bastard.

by a few minutes after 6:30 several more classmates had turned up, along with our Old Coot of a Professor.
the subject for the first half of the class was grandparent's rights.
it used to be that grandparents had legal standing to sue for access and visitation with their grandchildren, even against the wishes of the child's parents but then a Supreme Court case came along called Troxel that said that parents have a Constitutional right to decide who gets to see their kids.
i guess that makes sense.
but the obverse of that is that grandparents don't owe any obligations to their grandchildren, either.
which can create a conundrum when a minor child has a child of their own in that the minor's parents are still legally responsible for their child but don't owe a thing to their grandchild.
a parent who was feeling spiteful could legally provide their child with the bare minimum that they need to survive but not a thing extra for that child to be able to take care of their own child.
the law is still out on what the hell happens in a scenario like that.

we took a break, as we normally do, at 7:45pm.
i stuck my head in the faculty break room, and then went upstairs to the student lounge, but there was no leftover food to be found anywhere.
i spent the rest of the fifteen-minute hiatus walking around the building.
on the other side of the break we started talking about Child Support.
child support, of course, is payable until a child turns eighteen or they graduate high school, whichever comes later.
some states, apparently, are changing their laws to cover at least two years of Community College, though, Professor Judge Old Coot poo-pooed that idea.
he wasn't sure that most people really need to graduate high school.
in his mind, if somebody doesn't have a particular aptitude for academia they can just go out and work in the oil fields like he did back in the 1920s.
that took the Old Coot further on a nonsequiter about how when he was a boy, him and his friends use to play a game called “mumbletypeg” where they would chuck their pocket knives at each other's feet.
by 8:30 the Professor Judge Old Coot was done for the day so we all went home forty-five minutes early.

on Wednesday i was running a little behind schedule so i drove the TITSwagon to school.
again, that doesn't really make all that much sense.
i got to campus with just enough time to take a swing through the student lounge to see if there was any free food laying around.
there was, several platters from Jason's Deli left over from some function the Law School had.
i grabbed two thin little slices of a turkey-and-bacon wrap, two cookies and two brownies.
there was also a bunch of honeydew and i made plans to return for that at the halftime break but by the time i got back up to the student lounge at 7:45pm it was all gone.

the plan for Wednesday's class was to continue talking about Child Support.
we can talk about other things in the Family Code to fill a class syllabus but really, single moms suing deadbeat dads is ninety-five percent of what a family law lawyer does all day long.
for the first half of class we talked about how to calculate income, what deductions are allowed [tax withholding and Medicare] and what are not [jet ski payments] and we talked about the percentage of monthly income that a child support obliger owes.
it's all formulaic; 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five or more kids.

the tricky part, of course, is when a deadbeat dad or deadbeat mom [an obliger] doesn't work a straight job with a regular paycheck.
in cases like that the Court will consider their reported earnings if they have any and, if they don't report any earnings, the Court will consider any other evidence as to how they support themselves.
even if a deadbeat dad or mom is a drug dealer or a convenient store robber, if their obligee can prove that it is a regular source of income, the Court will order that they pay a percentage of it over.
if a Child Support Obliger doesn't have any identifiable income the Court will impute a forty hour workweek at the Federal minimum wage.
so even if you're a retiree or a homeless person or a whimsical pixie person who lives off of love and good feelings, fuck you, you are still assumed to make $1,260 per month and somewhere between twenty and forty percent of it is due in Child Support payments every month, whether you like it or not.
that doesn't seem fair to me, there has to be some kind of Constitutional protection against the State coercing people to work if they don't want to but it also doesn't seem fair to not support your kids so i don't think anybody is getting too worked up about it.

if a Child Support obliger don't pay what a Judge decides they ought to, whether they have any money or not, they'll be found in Contempt of Court and they'll get sent to jail for however long a Judge wants to keep them there.
of course, nobody ever made money from going to jail and the entire Child Support enforcement system that we have is nuts and a part of the larger prison-industrial complex that is America's great shame but the Professor Judge challenged us to come up with something better and nobody could.
i suggested that Judges should assign delinquent Child Support obligers to community service rather then jail time, i figured that if given the choice between picking up cans on the side of the road or going to work at the Burger King most people would choose working for a living but, of course, if a guy really, really, really doesn't want to work, you can't force him to pick up cans either and you're right back to ordering them to the county jail.
the Professor, because he is an Old Coot and an Old Texan went off on another one of his tangents, reminiscing fondly about road gangs for a while which transitioned into an editorial about why we should bring back the whipping post.
as much as i believe in criminal justice reform his logic does have a certain appeal.

we took a break at 7:45pm.
on the other side of the break i learned that adult children can go after overdue Child Support payments from their deadbeat parents that in arrears.
Child Support, of course, cuts off when a child turns eighteen, but if a Deadbeat hasn't been paying Child Support since a kid was twelve, the kid can then collect what was due.
and there is apparently no statute of limitations on that arrearage either.
when i got home that day i told the PSE that [assuming the law in Nevada is the same as Texas, which it should be] she could go after her Deadbeat Dad for all the court-ordered Child Support he never paid since her mom took him to court back when she was in middle-school.
she would be due four or five years worth of Child Support, plus thirteen years of interest.
the PSE probably could get an order from the Family Court in Reno that has continuing jurisdiction over the suit but then the PSE would have the same trouble enforcing that order that her mom did.
the PSE's dad is a used car salesman who lives in a one-room shed on a river.
he gets paid in cash and as soon as money comes in it goes right back out again on fishing supplies, video poker or prostitutes.
perhaps the PSE could garnish his Social Security benefits but i haven't gotten to that class yet.

//[ab irato a astra]

September 2017

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