Poor Divorce, Rich Divorce – Social Inequities
If there is any doubt that the New York Divorce Industry rips off tax payers the doubt should be settled when looking at the dual-track contested divorce system for rich and poor. The Divorce Industry has set up the perfect system where poor New Yorkers who can't pay their fees are denied access to the Supreme Court System and sent to tax payer funded agencies. In the meantime, those who have assets to pilfer, the targets of the Divorce Industry, are stuck in the corrupt Supreme Court System of New York.
The Supreme Court System of New York supports the Divorce Industry by doling out lucrative and poorly supervised court-ordered services with outrageous costs that litigants are forced to pay. The Supreme Court System acts as the employment agency for the Divorce Industry and those who can't afford the fees of the Industry suffer tremendously. Meanwhile, the tax payers of New York are left to pick up the tab in local Police services, Family Court and Child Protective Services for poor families who can't afford access to the Supreme Court.
The source of these inequities stem from the New York Constitution. The Family Court has the same powers as the Supreme Court so long as the Supreme Court doesn't want to deal with a case as shown in the NY Constitution. This sets up the fraud because one system is primarily at the tax payers expense, Family Court, and the other is at both the tax payer and the litigants expense, the Supreme Court. Here's the quote from the constitution:
13.c. The family court shall also have jurisdiction to determine, with the same powers possessed by the supreme court, the following matters when referred to the family court from the supreme court: habeas corpus proceedings for the determination of the custody of minors; and in actions and proceedings for marital separation, divorce, annulment of marriage and dissolution of marriage, applications to fix temporary or permanent support and custody, or applications to enforce judgments and orders of support and of custody, or applications to modify judgments and orders of support and of custody which may be granted only upon the showing to the family court that there has been a subsequent change of circumstances and that modification is required.
If a divorcing couple can't come to an amicable agreement and doesn't have $20,000 in combined attorney retainer fees they can't access the Supreme Court System. If they go it alone as pro se they will face certain failure in an insiders game bereft of supervision of day-to-day operations, devoid of due process and free of outside monitoring by the US or NY State authorities. There are no free legal services to navigate Supreme Court so the only option is to wait until a bad situation gets so bad that you go to family court. Even if there were free legal services for access to the Supreme Court lawyers are only part of the Divorce Industry and there is no free access to custody or financial evaluators in Supreme Court. So with no way to gain access to the Supreme Court couples must duke it out with the Police, Child Protective Services, Family Court and some litigant paid services.
Why are the elected Judges of the Supreme Court serving as employment agents for the Divorce Industry? Why do tax payers pay for court rooms and staff to house the Supreme Court when it is helping a private industry bill out over a billion in fees a year? Shouldn't the industry be paying for some of the costs of the system since the Divorce Industry players are the primary beneficiaries of the current system? Why are tax payers the sole funders of the attorney and judicial discipline for the Supreme Court? NY is the last state besides CT that doesn't make bar associations pay some portion of attorney discipline, why are the tax payers footing the bill for this billion dollar industry? Why do pro se lose so much in Supreme Court without the protections of due process? Why are the poor forced to over-taxed and under-funded agencies while the State of New York will foot the bill for days of senseless trials in Supreme Court that defy common sense and only benefit the Divorce Industry? With so many court funding problems why is NY giving so much to the Divorce Industry and in the meantime harming countless families and innocent children with gross violations of civil rights?
Perhaps the biggest question is why do we all say that's just the way it is?
Its time for a change but the first step is serious scrutiny of this unconstitutional system. Where is Preet Bharara? NY Can't get the job done cleaning up this Industry, we need outsiders to fix this mess.