|Posted by illsoul on May 23, 2012 at 7:25 AM|
The following cases support the fact that the state is overstepping its authority by enforcing childsupport laws:
"The liberty interest at issue in this case-the interest of parents in the care, custody, and control of their children-is perhaps the oldest of the fundamental liberty interests recognized by this Court." - Troxel v. Granville, 120 S.Ct. 2054, 2060-61, (2000)
“A legislative act impinging on this right [Privacy] is presumptively unconstitutional unless proved valid by the State…This is the settled law that we applied in T.W. and that we again apply today.” North Florida Women’s Health & Counseling Services, Inc., et al. v. State of Florida, et al.
“…the State cannot meet its heavy burden simply by stating that the interests are compelling without proof from the State that the compelling interests are in fact furthered by the statutory intrusion into the protected fundamental rights, and that the statutory intrusion is the least intrusive means to achieve that goal.” North Florida Women’s Health & Counseling Services, Inc., et al. v. State of Florida, et al.
“The Florida Supreme Court has likewise recognized that decisions relating to child rearing and education are clearly established as fundamental rights within the Fourteenth Amendment of the United States Constitution. See Beagle, 678 So. 2d at 1275; Padgett v. Department of Health & Rehabilitative Serv., 577 So. 2d 565, 570 (Fla. 1991). These rights may not be intruded upon absent a compelling state interest. Shevin v. Byron, Harless, Schaffer, Reid & Assocs., Inc., 379 So. 2d 633, 637 (Fla.1980).”