What is the name of your state? WA.
Legal Department
ACLU of Washington
***************
***************
Dear ACLU,
I have followed the ACLU for many years. As a member of the Libertarian Party (www.lp.org) for 12 years I have agreed with the Pro-Liberty stance of the ACLU, I would say, 99% of the time. Your’s is an organization I very much admire and respect.
I will get to my point:
I recently was ordered by Washington State to pay Post Secondary Educational Support (PSES) to my 18yo Adult Son. This provision of PSES was “Reserved” in my Parenting Plan upon my Divorce in 2000. By being “Reserved”, as I understood it - I had no choice. The provision of PSES is contained in the Revised Code of Washington (RCW) 26.19.090 (see copy).
In June 2004, per the PSES Provisions, my ex-wife Petitioned for PSES. August 30th, we had our hearing. The Commissioner, I believe, was bound by the limitations of RCW 26.19.090 and thus could not rule the Law invalid, or such. I was compelled (79%) to support my Son’s PSES endeavor’s until December of 2004, upon which my Ex-Wife may take me back to Court for additional PSES.
At the time I am appealing the order on the following grounds:
1. RCW 26.19.090 is a violation of the “Equality” Clause of the 14th Amendment. I proceeded to respectfully tell the Court that many states find PSES a violation of the 14th Amendment, notable Pennsylvania - Re: Curtis v. Kline. I argued that I have been put into a “Classification” of “Divorced” which violates the 14th.(see copy)
2. That PSES violates Washington States Constitution Article I, Section 12 (see copy) in that PSES reverse confers special “Privileges” and Rights” to intact married couples. I respectfully argued that an intact married couple can simply state “NO” to PSES to their Adult Children with immunity - yet I cannot.
I then respectfully asked the Court some rhetorical questions in reference to the above legal documents:
1. Why can’t a married spouse petition his/her spouse for PSES?
2. Why is an Adult (Ex-Wife) allowed to Petition the Court for my Son who is an Adult and yet not need a Power-Of Attorney from my Adult Son? Why doesn’t he (Son) simply Petition me?
3. Why, for the needs of PSES, is my Son considered “Dependent” and yet he is an Adult for all other lawful purposes?
4. If my Ex-Wife, for my Son, can compel support from me until he is 23 years old (RCW 26.19.090) why cannot ALL 18 to 23 year olds, through a Parent, be able to compel support from the other Parent. Is not my Son, through his Mother, afforded a special “Right” and or “Privilege” that is not afforded 18 to 23 year old’s who’s Parents are still married and intact?
There is some Case Law on PSES. Please see the attachment from Dads of America that reference some of these.
In my endeavors on the Internet I have discovered some Legislative Proceeding from Connecticut in which some of the Legislators have questions of Constitutionality similar to mine. I have not included those here due to there onerous length.
I am fighting this Unconstitutional Law. I plan to take this case all the way to the Washington Supreme Court if I have too. Though, I do have rather liberal financial means, I cannot afford the possible five or six figure amount it would cost me to fight this Law. Thus, I am proceeding, at this time - Pro Se.
I respectfully request, if possible, any means of help the ACLU can afford me. I do not need financial help and would be willing to help the ACLU defer costs if involved in my Court proceedings. A stance of Amicus Curiae would be most helpful.
Legal Department
ACLU of Washington
***************
***************
Dear ACLU,
I have followed the ACLU for many years. As a member of the Libertarian Party (www.lp.org) for 12 years I have agreed with the Pro-Liberty stance of the ACLU, I would say, 99% of the time. Your’s is an organization I very much admire and respect.
I will get to my point:
I recently was ordered by Washington State to pay Post Secondary Educational Support (PSES) to my 18yo Adult Son. This provision of PSES was “Reserved” in my Parenting Plan upon my Divorce in 2000. By being “Reserved”, as I understood it - I had no choice. The provision of PSES is contained in the Revised Code of Washington (RCW) 26.19.090 (see copy).
In June 2004, per the PSES Provisions, my ex-wife Petitioned for PSES. August 30th, we had our hearing. The Commissioner, I believe, was bound by the limitations of RCW 26.19.090 and thus could not rule the Law invalid, or such. I was compelled (79%) to support my Son’s PSES endeavor’s until December of 2004, upon which my Ex-Wife may take me back to Court for additional PSES.
At the time I am appealing the order on the following grounds:
1. RCW 26.19.090 is a violation of the “Equality” Clause of the 14th Amendment. I proceeded to respectfully tell the Court that many states find PSES a violation of the 14th Amendment, notable Pennsylvania - Re: Curtis v. Kline. I argued that I have been put into a “Classification” of “Divorced” which violates the 14th.(see copy)
2. That PSES violates Washington States Constitution Article I, Section 12 (see copy) in that PSES reverse confers special “Privileges” and Rights” to intact married couples. I respectfully argued that an intact married couple can simply state “NO” to PSES to their Adult Children with immunity - yet I cannot.
I then respectfully asked the Court some rhetorical questions in reference to the above legal documents:
1. Why can’t a married spouse petition his/her spouse for PSES?
2. Why is an Adult (Ex-Wife) allowed to Petition the Court for my Son who is an Adult and yet not need a Power-Of Attorney from my Adult Son? Why doesn’t he (Son) simply Petition me?
3. Why, for the needs of PSES, is my Son considered “Dependent” and yet he is an Adult for all other lawful purposes?
4. If my Ex-Wife, for my Son, can compel support from me until he is 23 years old (RCW 26.19.090) why cannot ALL 18 to 23 year olds, through a Parent, be able to compel support from the other Parent. Is not my Son, through his Mother, afforded a special “Right” and or “Privilege” that is not afforded 18 to 23 year old’s who’s Parents are still married and intact?
There is some Case Law on PSES. Please see the attachment from Dads of America that reference some of these.
In my endeavors on the Internet I have discovered some Legislative Proceeding from Connecticut in which some of the Legislators have questions of Constitutionality similar to mine. I have not included those here due to there onerous length.
I am fighting this Unconstitutional Law. I plan to take this case all the way to the Washington Supreme Court if I have too. Though, I do have rather liberal financial means, I cannot afford the possible five or six figure amount it would cost me to fight this Law. Thus, I am proceeding, at this time - Pro Se.
I respectfully request, if possible, any means of help the ACLU can afford me. I do not need financial help and would be willing to help the ACLU defer costs if involved in my Court proceedings. A stance of Amicus Curiae would be most helpful.