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LIFETIME ALIMONY VIOLATES THE 13th AMENDMENT

By: Robert Sell

Neither slavery nor involuntary servitude, except as a punishment for a crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” 

Slavery has existed in many forms for thousands of years and probably as long as man has been around. In the United States, the word conjures up thoughts of the bitter struggle that literally tore the country in half during America’s only civil war.  While most would agree that the civil war was sparked by state’s rights, the focus of that war was and remains in the history books as whether state’s rights extends to legal enslavement of one man to another for monetary gain. Or, that no person can be forced to labor for the monetary gain or support of another. Since the Bill Of Rights and the U.S. Constitution explain and guarantee the concept of God given freedom, it could be said that slavery and involuntary servitude act to nullify both the Bill Of Rights and much of the Constitution creating a non-citizen unprotected by their provisions.

This is because a person who is forced to labor for another under threat of punishment is no longer free to pursue life, liberty, and happiness in the way they prefer, that suits them, or that they are guaranteed by our country’s founding documents. When a person is forced to labor involuntarily for another, their life becomes a tool and not a life to be lived. They are deprived of the freedom to decide for themselves if their lifestyle suits their personality and to have the freedom to make the changes they deem necessary to live in peace.

 For these very reasons, lifetime alimony statutes create a condition of involuntary servitude and directly interfere with individuals’ freedom. Lifetime alimony is rarely if ever a voluntary agreement between two people. Even as part of a voluntary marital settlement agreement, the person who agrees to it does so because the broad interpretation of the law would require it by default.

Once an individual is assigned lifetime alimony, they lose the freedom to control their own destiny. They become the property of the State Family Court system and their ex-spouse and must work diligently to maintain their alimony payments or face having their wages forcibly garnished by the state, serving jail time for contempt of court, or be forced into indigence. Even in cases where people have accepted indigence as an alternative, courts have ruled that that person retains “the ability” to earn a specific wage amount and so are assigned alimony based on that perceived earning potential. It is no different than the taskmaster of the slave coming around and beating them with a whip to induce increased labor. In effect, they are no longer free and are in fact slaves of the state for the benefit of their ex-spouse.

 The state family court system is the equivalent of the slave auction block and the slave bidders are the divorce attorneys who buy and sell them in a bidding war to control the alimony amount with family court judges acting as the auctioneers. Just like the slave trading markets of the old south the state divorce courts, their attorneys, and judges operate a government within a government, a system within the system, where humans are bought and sold. The unbelievable part is that it’s all being sanctioned by state divorce / alimony law.

 As with other types of slavery, the slave is only released from their enslavement by their death or permanent disability. In the case of lifetime alimony there are cases where not even disability has released them. In days past, if a slave sought their freedom by running away, the slave owner could track them down and return them to their slave labor. It is the same with lifetime alimony. Any person who seeks to be free from lifetime alimony and flees to another state to try and escape their alimony payments, soon finds that they have been tracked down and returned to their enslavement by the system through wage garnishment.

 The recipient is generally free to pursue life, liberty and happiness as they wish, outside of remarriage or death, without any negative consequences. There is no requirement on their part to prove their continued need, their inability to support themselves, or any other condition outside of remarriage that would release the obligor from the bondage of alimony law. Alimony recipients are never deemed capable of a specific earning potential or forced into modifications based on that concept.

 The parallel of divorce and lifetime alimony laws with state sanctioned slavery goes much deeper than this short synopsis. However even what is provided here should leave any normal freedom and equality loving American aghast at the system and wondering why it exists.

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Page last updated: Mai 19, 2006