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Template: Affidavit in Support of Indigent Status

4 min read

What sayeth Baba-Yaga? #

Well, lets use a bit of logic, not legal advice. So if someone wants to jail me for being poor, but they call it “contempt” in order to openly violate the constitution, what would a Yaga do?

Well, this Baba-Yaga would send a Verified Affidavit to the people trying to jail me. I would attach their Child Support Modification to it. I would Certify mail or hand deliver both of those to the Child Support Office.

Then I would take ALL of those documents and file them into my case as Evidence that Yaga can’t pay. Then I would Notice the court that any future attempt to jail Baba would likely be a criminal act…

This Baba-Yaga would execute many other tactics to ensure compliance, but that’s outside the scope of this Template that was created from freely available information.

AFFIDAVIT IN SUPPORT OF INDIGENT STATUS #

  I, [YOUR FULL NAME], being duly sworn, hereby deposes and says:
  1. I am over the age of 18 and am a resident of TEXAS. I have personal knowledge of the facts here I, and can testify completely thereto.
  2. I suffer no legal disabilities and have personal knowledge of the facts set forth below.

PURPOSE OF AFFIDAVIT #

  1. This affidavit is submitted as evidence of Indigent Status for myself, [YOUR FULL NAME];
  2. As Evidence and a definitive answer to any underlying question of Ability to Pay; and
  3. As a Standing Indigent Status with regard to Cause(s) [LIST ANY AND ALL CASE NUMERS HERE] and any and all matters related to or arising from said Cause(s).

BACKGROUND OF AFFIANT #

I am a Pro Se Parent who has been systematically financially abused by the court(s) associated with the Cause(s) named herein, among other constitutional and criminal code violations.  I do not have the ability to pay any costs, fees, Child Support, or any other financial debt/obligation/fallacious charge.

STATEMENT OF FACTS #

Note. [YOUR FULL NAME], AFFIANT HAS PERSONAL KNOWLEDGE OF EVERYTHING LISTED IN THIS SECTION AND IT IS VERIFIED BY THIS AFFIDAVIT UNDER PENALTY OF PERJURY.
  1. I have ATTACHED a formal Request for Child Support Modification to this AFFIDAVIT
  2. This form contains the required financial information for the Modification required by law.
  3. I have been unemployed/under-employed since [DATE].
  4. What money I have been able to acquire goes to housing for myself and necessities for when my child(ren) are with me.
  5. Outside of meeting my immediate household necessities and obligations, I have no ability to pay.
  6. I cannot afford to provide for my own basic needs currently, so certainly lack any Ability to Pay, as defined by the Texas statutes.
  7. To date the Office of the Attorney General Child Support Division has repeatedly attempted to illegally confine me for being poor/indigent and unable to pay the illegal fines and fees assessed by the OAG. The OAG has knowingly and willingly disregarded the Constitution and state law seeking these illegal warrants.
  8. I believe that my Constitutional Rights have been violated by court actors and employees of the OAG Child Support Division, and am requesting a formal Investigation by the OAG Criminal Division; Affidavits in Support of Criminal Complaints have been/will be filed with the county Magistrate.
  9. I am also requesting the [YOUR COUNTY] County OAG Child Support Division be prohibited from any further actions until [YOUR COUNTY] County has been FULLY investigated, as I believe that the crimes committed against me and my child(ren) were intentional and are intended to punish me for (a) being Pro Se and (b) indigent, knowing that I cannot defend myself nor afford any legal representation.
  10. The crimes and constitutional violations within the underlying Cause(s) prevent any party with Unclean Hands from enjoying any Fruit from the Poisoned Vine. State employees of the OAG Child Support Division and multiple court actors have Unclean Hands and have repeatedly attempted to reap the Fruit of the very Poisoned Vine that is this underlying Cause(s) and any action/cause related.
Any attempt to detain, restrict, fine, imprison, or otherwise retaliate or punish me for being indigent shall be a further violation of my Constitutionally Protected Rights. Any further motions, hearings, or other attempts to move this cause forward by any party other than myself shall be another instance of the aforementioned violations of Due Process, Abuse of Office, and Official Oppression (See below):
Sec. 39.03.  OFFICIAL OPPRESSION. #
(a)  A public servant acting under color of his office or employment commits an offense if he: (1)  Intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful; (2)  Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or (3)  Intentionally subjects another to sexual harassment.  

Summary #

This Affidavit serves as (a) Evidence of my Indigence and (b) Notification of Crimes being committed in [YOUR COUNTY] County. The former is confirmed by my Personal Knowledge which I have Verified according to TRCP. The latter is my belief and shall be submitted as formal Criminal Affidavits as soon as I acquire the knowledge to understand on what grounds I have to file.   I declare that to the best of my knowledge and belief, the information herein is true, correct, and complete AND THAT I HAVE PERSONAL KNOWLEDGE OF THE EVENTS REPORTED HEREIN unless otherwise noted. Executed this day [DATE] ____________________________________ Signature [YOUR NAME, ADDRESS, CONTACT]

VERIFICATION #

My name is [YOUR FULL NAME], my date of birth is [DATE OF BIRTH], and my address is [ADDRESS WITH COUNTY] County, U.S. I declare under penalty of perjury that the forgoing is true and correct. I have read this entire Affidavit/Complaint. The facts and circumstances contained in this petition are true to the best of my knowledge and belief. I have PERSONAL KNOWLEDGE of the facts contained herein.   __________________________________ [YOUR FULL NAME] Individual; Pro Se   NOTARY ACKNOWLEDGEMENT State of Texas County of ______________________________________ Click or tap here to enter text., personally appeared before me, and being first duly sworn declared that he signed this application in the capacity designated, if any, and further states that he has read the above application and the statements therein contained are true.     _____________________________________ (Personalized Seal)                                                                    Notary Public’s Signature   __________________________ Date    

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