Constitutional and Civil Rights activist Peter Szymonik had some comments on the jailing of a mother for not paying legal fees of her ex husband, which he argues is nothing short of debtor’s prison. See Mom Jailed for Not Paying Ex’s Lawyer in CT Family Court
By Peter Szymonik
Attorney’s Fees:
Our state’s broken and corrupt “family” courts routinely order that an “unfavored parent” pay the other parent’s attorney’s fees. This is often ordered after a parent is already financially drained of everything they have, leaving them unable to pay. But there is no legal basis for this.
Our country’s legal system is based on the “American Rule” in which both sides or solely responsible for their own legal fees. It is extremely rare for American courts to order the payment of the other side’s legal fees. This is often only awarded in cases where one party makes a claim that is clearly frivolous and/or designed to legally harass. It’s a very high bar and even our state’s Appellate Court has stated this repeatedly.
The sole statutory intent of the payment of attorney’s fees from one parent to another is to ensure both parents can engage adequate legal counsel – at the start of the divorce. The history of this is in the past, most cases involved stay-at-home mothers. The intent of paying the other parent’s attorney fees was solely ensure the mother could afford an attorney when she was otherwise not be able to do so.
In the case in question, both mother and father were clearly able to pay for their own attorneys. So there is no legal or any other basis for the award or payment of attorney’s fees of any kind. ($37,000!!)
Yet well connected divorce attorneys have (mis)used and manipulated claims for attorney’s fees to fleece already suffering parents and their families for millions and millions of dollars. They often file claims for attorney’s fees with nearly every motion they file – and use this to threaten and harass parents into not filing their own motions. Especially Pro Se parents. “Don’t file your motion or I will seek attorney’s fees.”
Debtor’s Prisons:
Debtor’s Prisons are unlawful and were abolished in this country in 1862. Yet they are alive and well in our broken and corrupt “family” courts. What ‘crime’ did the mother commit that would cause her to be incarcerated? At taxpayer expense. Who exactly was harmed by her nonpayment? Gary Cohen?
The father wasn’t complaining and didn’t want the mother jailed. He specifically asked Judge Tindill NOT to jail his former wife.
But because of nothing more than Judge Tindill’s ego being ruffled and Gary Cohen wanted to line his bank account – a mother is now sitting in jail for two weeks at taxpayer expense. She also lost her six-figure job.
A highly educated woman is now sitting in the general prison population after being strip and cavity searched.
With her kids wondering what happened to their mother and why their mother is in jail (the father didn’t want them.)
Despicable. And Intolerable.
The argument that she is not in jail for the debt but “for contempt” rings hollow when the one and only “harm” caused by the contempt is a multi-millionaire attorney not further enriching himself at a parent’s expense. What harm was caused to the father or children?
Regional Trial Family Docket:
The RFTD is supposed to be a court which resolves difficult cases in a creative manner which reduces stress and conflict. Instead, it has turned into one of the most abusive courts in our state and become home to some of the very worst and most sociopathic “family” court judges in our state.
