
By Jeff J. Horn – Divorce Attorney
Government Involvement in Family Law
Getting divorced means dealing with the government. Americans prefer to keep the government out of their lives, especially their bedrooms. Yet, a divorce means writing a check to the government. Our private conflicts become public. The government will inevitably involve themselves in your family law case. On top of this, nosy neighbors, inquisitive partners, police, tax authorities, court bureaucrats, and family services investigators get involved.
Family Services
Each state has a family services department. These agencies are staffed by well-meaning but overwhelmed and underpaid bureaucrats. Their job is to manage crises caused by parents, leading to family and child displacement. Initially committed to helping, these bureaucrats quickly become jaded. Every referral starts to look the same, and every case seems suspicious.
The Family Services Playbook
A referral from a neighbor, parent, friend, spouse, lawyer, doctor, hospital, school administrator, guidance counselor, or police officer triggers an investigation. The agency presumes everyone subjected to a referral is a child abuser. There is no presumption of innocence. Most abuse referrals are not substantiated. Believing that the agency is credible and acting in the best interests of children reassures court bureaucrats, but it should not reassure you.
The Risks of Involvement
No one is exempt from an intervention by family services. If it’s a close call whether they should be contacted for a custody and parenting time arrangement, be cautious. In the event that abuse has occurred, you must call. If unsure, consider all options.
The Police
Police are trained to deal with bad guys. They presume the people they interact with are all bad guys. When you speak to a police officer, they assume you are lying. The more you speak, the guiltier you seem. The police are trained to obtain incriminating information. Exercise your right to silence and let your legal counsel do the talking.
When to Call the Police
If you are a victim of domestic violence, call the police. In the event that the other parent fails to provide transportation for the children as per a court order and you suspect abduction, call the police. If you have a domestic violence restraining order and are contacted by the abuser, call the police. If your spouse makes a serious threat against you or the children, retreat and call the police. The police station is a reasonable place for exchanges when parties cannot get along. Otherwise, keep the government out of your life and let the police protect your city from real bad guys.
The Internal Revenue Service
Judges have a responsibility to report lawbreakers. If you underreport your income or over-report your tax deductions, a judge might report you to federal and state tax authorities. For example, owners of cash businesses living lavishly on low reported income will face scrutiny. Your accountant and family lawyer must address this with you and your spouse before exposing it in court.
Judges
Judges may seem sincere and genuinely want to help, but they are high-level government employees. They work within the same self-protective bureaucracy. Avoid family services, the police, and judges. See them all as the government and keep them out of your bedroom, family, and family law case.
Conclusion
Interacting with the government during your family law case is inevitable. But caution is essential. Protect your privacy and be mindful of the consequences of involving family services, the police, and judges. Use thoughtfulness to guide your actions. Anger or revenge can be dangerous.
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Thanks to Horn Law Group, LLC interns Noah Hilsdorf and Dillon Uhrig.