Tracker Pixel for Entry

Mad dads making the lawyers move

by Rob Port | .(JavaScript must be enabled to view this email address) | Say Anything | October 28th, 2015


The proponents of family law reform in North Dakota are having an impact. After ballot measure efforts in 2006 and 2014 aimed at changing divorce and custody laws managed to get around 40 percent of the vote, the state’s lawyers are taking action to get ahead of the curve.

A task force created by the State Bar Association of North Dakota will convene in November to address ways in which laws governing divorce and child custody can be reformed. The letter sent out to task force members by SBAND President Joseph Wetch, shared with me by one of the invited members, states that the effort is a direct response to the 2014 Measure 6 campaign.

The activists behind the 2006 and 2014 campaigns have good reason to be skeptical of what this group might actually be trying to accomplish. The bar association spent tens of thousands of dollars to oppose both campaigns and resorted to belittling proponents of the measures with pejoratives like “mad dads” or “deadbeat dads.”

When not hurling insults, the lawyers argued that the measures were unnecessary because the state’s existing laws were fair.

A more objective observer might argue that the legal industry is protecting a status quo that is extremely lucrative to them, in that it leaves room for copious litigation between warring couples, and thus a rich harvest of billable hours.

But the fact that SBAND is being forced to at least acknowledge that there may be room for reforms is progress. They were admitting no such thing previously.

Both ballot measure campaigns may have failed, but the volunteer, citizen-driven efforts won enough votes against a neatly orchestrated and well-funded opposition to get some respect.

That’s far from a victory, but the reformers are moving the needle. And it’s a needle that very much needs to be moved. Under current laws the scales of justice have a decided cant to them away from non-custodial parents.

For example, the state will move mountains to enforce child support obligations. Non-payers can have their wages garnished, their tax refunds seized and their hunting and fishing licenses pulled.

Non-payers can see their names listed on an official website as though they were sex offenders. They can even have their driver's licenses taken away and be put in jail, as if that will help them make their payments. And it doesn’t matter why the payments aren’t happening.

Did you lose your job? Did you get cancer and wind up in the hospital? It doesn’t matter.

The custodial parent need not lift a finger to get that enforcement. It happens automatically.

While some of the enforcement measures may be dubious, parents should support their children. But shouldn’t the obligations and responsibilities cut both ways?

Try getting the state to enforce court-mandated visitation time. If a custodial parent chooses, he or she can inhibit or even outright deny visitation time almost with impunity. The only recourse a non-custodial parent has is to pay an attorney and go to court where their relief might hinge on which judge is assigned the case and what mood he or she is in that day.

If you think that sounds unfair, it is, and yet thousands of responsible parents are in that situation right now.

That’s just one example of the need for reform.

And speaking of reform, we ought to consider reforming the group that has been opposing these ballot measures. North Dakota has what’s called a combined bar, which handles both the regulation of the legal industry -- licensing the lawyers and disciplining them when they go astray -- and the public advocacy for that industry.

During the 2014 campaign the SBAND actually used dues money -- payments required of lawyers by state law in order for them to maintain their license to practice -- to pay for their political activities against Measure 6.

Ultimately the group was forced to refund money to their members, but that’s not enough. Official regulatory functions and private advocacy should not mix.

If the lawyers want to fight family law reform to protect their profits, fine, but they shouldn’t get to co-opt official regulatory authority to win those battles.

RECENTLY IN

Say Anything

Tracker Pixel for Entry The Sweet Trip Winnipeg Tracker Pixel for Entry Spring Packages Winnipeg Tracker Pixel for Entry LionsWay2 Tracker Pixel for Entry SkootersPlumbing

Recently in:

FARGO– A legislator, hopeful politicians, and business owners appealed to the governor’s office Monday morning with hopes of an executive order to fight the Federal Communications Commission’s repeal of Net Neutrality.The…

Last week we talked about my lack of photographic skills and then what the heck am I going to do with all of these bad pictures that I take. Storage options for those pictures continues this week:RAIDAnother storage option is a…

Wednesday, April 25, 9pm-howlingThe Aquarium, 226 Broadway, FargoYou may have heard their sick beats on 95.9 lpfm on Friday's from 5pm-midnight. Now you can dance your pants off in the presence of the minds behind ”The Riverside…

According to Greek mythology Hades is to blame for the Earth’s mournful state of winter. The story involves Persephone the goddess of nature and Hades the god of the underworld in a classic caper of obsession, abduction, and…

Does That Old-Time Religion Signal The End Of Rational Thought?An incident about gender identity in the Maryland Legislature last week magnified a microcosm of what we are going through in the United States about religion in the…

FARGO - A collection of memories from High Plains Reader's annual Cocktail Showdown. Participants were judged on creativity, flavor, and presentation; and this year we added a new category. Like years before, each establishment was…

All About Food

​Oysters

by HPR Staff

By Ben Myhrebenmyhre35@gmail.comAs a North Dakota native, raw oysters are just not a food staple that I think about. We are about as far from the coasts as we can get and we have a backyard full of tasty local cuisine, like walleye…

Record Store Day is all about music artists and fans celebrating “the culture of the independently owned record store.” A variety of unique and special releases are pressed for Record Store Day and those are only distributed to…

Leveraging whatever name-brand clout it might carry with the target demographic, “Blumhouse’s Truth or Dare” -- the onscreen title for the pre and post-credit sequences -- won’t make the kind of impact previously enjoyed by…

There are so many cool places to be in Austin during the South by Southwest Festival -- like the Flatstock Market, which displays the works of the world’s top gig poster artists. The show features posters of varying styles,…

By Nathan Roybardsdream@gmail.comYou are absolutely right. The title is not “To be or not to be” from the famous Shakespeare soliloquy in "Hamlet." I won’t be talking about Shakespeare particularly. I will expound the…

Fargo has its share of people who are passionate about stand-up comedy, even if the success of clubs devoted to it has been mixed. Despite the fact we have seen places like Courtney’s Comedy Club and Level 2 Comedy Club close…

I consider myself an avid wine drinker, but I recently found out there are more than 10,000 varieties of grapes, and about 1,500 of those are used to make commercial wines. I don’t know about you, but I could probably name about…

A few months ago, I was introduced to the concept of probiotics and how they work with our bodies. I would never have guessed the change that occurred after their introduction into my system.I always considered myself a fairly…

By Melissa Martin melissamartincounselor@live.com “I’m sorry” are two vital words to be used in relationships because human beings are imperfect people living in imperfect environments. Ask yourself the following…

Calm was the day in late JulyAnd bright was the sun across the skyBut inside his chest the calm had brokenGovernor Sinner had started croakin’.I laughed the first time I read that, and I’m still laughing every time I think…