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Jailed father hunger strikes to protest child support

by Jesse Fruhwirth
- Posted // 2010-05-18 -

Kenyon Eastin, 41, is on day four of a hunger strike from within the Tooele County Jail, protesting the treatment he has received in Utah divorce court.

That's according to man's girlfriend of three years, Niki Hammond, of Stansbury Park (pictured at right with Eastin). Eastin first went to jail for 15 days in January 2009, but was released due to overcrowding. The jail is still over-crowded--Tooele County Sheriff Frank Park even admits the facility is violating people's civil rights due to the crowd--but 3rd District Judge Stephen Henriod sent Eastin back to jail Friday for 30 days for contempt of court and non-payment of child support. Hammond says Eastin can not afford to hire and attorney and has not been appointed one by the court.

That's despite documents from the Office of Recovery Services that show Eastin not only made regular payments for each month of 2009, but paid $500 above those payments toward his arrears total. According to his court docket in his divorce, Eastin owed $9,596 in arrears as of March 19, 2009, the most recent data available.

Eastin's wages have fallen dramatically since 2008. He complains that he can barely pay his regular monthly payments and has an ever harder time making payments toward his arrears debt.

"He was a financial advisor for AG Edwards ... then he actually stopped working there because everything went bad in the market so he couldn't make money like he did the first year," Hammond said. "Meanwhile, his child support was based on $70,000 per year when he was only getting $24,000 per year, but he struggled through it."

Eastin is now self-employed painting address numbers on curbs, Hammond says.

In a seven-page letter to the judge, Eastin requests that his monthly payments be reduced to $525 per month and complains about the employment advice he's received. He complains that jobs are hard to find. Utah currently has a a 7.4 percent unemployment rate, the highest in at least 20 years.

"I have been found in your courtroom as being 'voluntarily underemployed.' ... I have sent out dozens of resumes and put in applications all over the Wasatch Front. ... My ex-wife said I should get a job at McDonals instead of doing the work I do right now. Would my child support then be lowered to match my reduced income from a job at McDonalds? I think not. Because I would then be deemed again as 'voluntarily underemployed.'"

State and county prosecutors can file felony charges for unpaid child support--referred to as 'criminal nonsupport.' If they did that, Eastin would be appointed an attorney if he can't afford one, and eventually receive a jury of his peers to determine his guilt--if any. Or, as is the case for Eastin and other parents who owe child support in Utah, a judge can simply find them in contempt of court, not appoint an attorney, and not allow a jury to hear the case before incarcerating the parent.

Eastin has two biological children--16-year-old twins--as well as his ex-wife's child from a previous relationship who is now an adult, who Eastin adopted while they were married. Hammond says Eastin's ex-wife had custody of the children but their time is spent half with their mother, who also lives in Stansbury Park, and half with their father. Eastin has no criminal record, Hammond says--a cursory search of public records supports this--and is active in his community, once serving on the Stansbury Park community council. He rents his home and drives a 1999 Jeep Cherokee, Hammond said, that he owes about $1,000 on.

"You couldn't ask for a better father," says Hammond, a mother of four.

A sheriff's deputy came to Eastin's home Friday evening, Hammond says, and took Eastin to jail on a $10,000 bench warrant issued by Henriod. He is being held in maximum security, Hammond says.

Hammond said Eastin is worried about what might happen when his jailers learn that he is on a hunger strike. Neither the Tooele County Sheriff's Department--which operates the jail--nor Eastin's ex-wife's attorney, Gary Buhler, returned phone calls in time for this post. If they call, this post will be updated.

See my update to this post for a discussion of the 6th Amendment to the Constitution. 

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REPLY TO THIS COMMENT
Rob Fehr
Posted // May 18,2010 at 16:40

Mr. Eastin is a friend of mine. I have known him for several years and know of his upstanding character. His top priority is and always has been his children. He works hard to provide for them. The State documents show that he has paid MORE than what he is required to pay. And yet the judge has decided that Mr. Eastin needs to spend time in jail, so that he cannot work and support his kids. When his kids are with him, they are taken care of. Good food, and a happy environment. This is not the case when they are with their mother. Please support Kenyon, he deserves to be treated fairly and the system is NOT allowing this!!!

 

Rachel Carter
Posted // May 18,2010 at 19:04 - My cousin is Mr. Eastin's ex-wife. The assertion of Rob Fehr (which is just a regurgitation of lies from Mr. Eastin) that the children's mother doesn't provide them with good food and a happy environment is flat out not true. They have a devoted mother that would, and does, do everything in her power for their betterment. The article also includes an inaccuracy in stating Mr. Eastin made "regular payments for each month of 2009." Mr. Eastin missed 4 full payments in 2009 and made partial payments 3 other months. Mr. Eastin himself insisted on paying higher child support amounts than what is required during mediation for divorce despite the mediator strongly discouraging him against doing so. He insisted on having his more-than-required child support amounts (those correlating with a $70,000 annual income) written into the divorce decree, rashly boasting that he'd do whatever it took on the planet to make the higher payments. He has no one but himself to blame for the situation he is in. In a second mediation in 2008 after he had gotten 6 months behind in child support payments, his ex-wife agreed to lower the amount of child support. He claimed he had been offered a bartending job that he would take if she lowered the payment amount. However, he never took the job and just 2 months later was already behind once again. His ex-wife waited another 6 months of partial or no payment before taking him to court the 2nd time. She gave him plenty of latitude and several chances to come around and take care his children. His arrearages to date exceed $12,000. He is simply a dead-beat dad that is being treated fairly and according to relevant statute. His current hunger strike stunt is nothing but a desperate, pathetic attempt to play the victim.

 

Jesse Fruhwirth
Posted // May 18,2010 at 19:17 - I should have made it more clear: Eastin's letter to the judge also contains what appears to be an official statement from ORS for 2009 which shows that in 23 installments, Eastin paid $6,763.12 and--not including arrears--was required to pay just $6,225. If you want to further investigate yourself, just click on "seven page letter" above. As for Rachel Carter's statement that Eastin "missed 4 full payments in 2009 and made partial payments 3 other month," all I can say is the documents provided to me suggest otherwise.

 

Rachel Carter
Posted // May 18,2010 at 20:20 - I misspoke about Mr. Eastin's partial payments in 2009; he had 2 months of partial payments, not 3. Also, since he double-payed one month, we can consider that he missed 3 full payments rather than four. Interested readers can indeed consult the ORS (Office of Recovery Services) information included as the last page of Mr. Eastin's 7-page screed. That is where I have gotten my information. However, ORS under-reports what the court orders that they collect. I was present in the courtroom on Monday when the judge instructed that ORS remedy this error. In the sheet Mr. Eastin provided from the ORS website, they only cite him for $525 per month. With arrearages, he owes $800 per month. This puts him at almost $3,000 under his obligations for 2009 alone. The author, in his earlier reply to my comment as well as in his post, downplayed the relevance of arrearages in Mr. Eastin's level of compliance to court order. Mr. Eastin's ex-wife was forced to declare bankruptcy last year. She lives frugally and doesn't spend money on luxuries. She has taken a monumental financial hit due to Mr. Eastin's negligence. By court order, he is to pay each month toward arrearages as well as the $525 per month. He has not done that, not to mention the gigantic middle finger he presented to the justice system in his aforementioned screed.

 

keldwud
Posted // May 18,2010 at 23:31 - Let me get this straight. These children are to be denied access to their father because the mother is bankrupt and because the father supposedly owes over $3,000 even though he has been paying money every year? This sure will teach everyone involved a lesson won't it? Who cares what the children need and deserve. If the mother is bankrupt and the father is jailed, who is going to support them now? It's all about the money, amirite? I don't think there was much thought put into this matter other than vindictiveness. Why would you jail this man? Are the children living in destitution because of his payments? I highly doubt it.

 

Sammi Eastin
Posted // May 18,2010 at 23:42 - YOU DON'T KNOW MY MOM WHAT-SO-EVER. THE FOOD AT HER HOUSE IS PLENTY HEALTHY. THERE IS BARELY ANY FOOD AT MY DADS AND MOST OF IT IS JUNK. HE'S NOT SUPPORTING ME AND MY BROTHER, SO WHAT DO YOU EVEN KNOW? STAY OUT OF THIS, IT'S NONE OF YOUR BUSINESS!

 

Rachel Carter
Posted // May 18,2010 at 23:45 - keldwud, The father is over $12,000 in arrears, not $3,000 (it was $3,000 for 2009). The kids aren't destitute, but the father can't be thanked too terribly much for that.

 

Chris E
Posted // May 19,2010 at 00:53 - Keldwud, these children have never been kept from their father, even with the over 14,000 that he owes in current and back child support. The ex wife does not expect this man to support her, she has a good job in medical transcription that enables her to work from home so that she is available for her children at all times, and has had this same job for the past 6-1/2 years. She is not destitute. She is not on food stamps or welfare. She is able to pay her bills and has a little left over. All she wants is for her children's father to help support them as a father is supposed to and as he promised he would do when they divorced. She already agreed to accept a lower amount of child support from him in mediation but he was behind again two months later. She has told him she would not take him to court if he would at least pay her half of what he is supposed to each month, as it would not be worth her time or money to do so, and still he will not help support his children. She is not looking for a "free ride." She is quite capable of supporting her children and herself and they are NOT destitute, she is just trying to get this man to take care of his kids. He is a good father and he has never been kept away from his kids and she would never keep them away from him. They see him whenever they wish, regardless of the problems between the parents. The only reason he is still paying the higher amount in child support now is because he continually fails to pay and gets farther and farther behind. I think she doesn't expect to ever see the entire amount that is owed to these children, for it is to the CHILDREN that he owes the money, not the ex wife, and just wants him to pay a decent amount to help in their upbringing.

 

Niki
Posted // May 19,2010 at 01:49 - After reading all these comments, it just shows me how disorted this world is. This article was not intended to talk bad about either parent. It was all for one cause. And that cause is Justice. I know Kenyon has been paying his child support and has stuggled with it for awhile, but it is not like he did not want to pay it. He has never hid. I would see him take all of his money out of his wallet and pay the child support many times. He set it to high to begin with for the benifit of the children and the ex-wife. Haven't we all made commitments that we were not able to fulfull out of the goodness of our hearts? I am sick to hear such adults and kids nagging of who has what. This is about the justice of innocent people. Kenyon is just not the only victim. There are so many other cases where people are put in jail for no cause. Even the sheriff who picked him up said that he has never had to arrest someone for such a cause. He was humilated and told Kenyon he wished he never answered his door. The fact is and what our intention is, is to show the public how injustice the system can be. All the accussed back child support that everyone is so up to stick him with, is false. It is attorney fees, saving account that was intended for the children and court costs. You take all of those extra costs out of the back due child support and you will have the correct amount. So all you know it alls, go get the court documents and research it yourself. Kenyon is in jail for why? Oh because he paid $500.00 more than what was requested from ORS last year. Come on people. Stop with the bla bla bla and whining. I have heard to much. Fight for the Justice and not just for Kenyon, but others out there who are facing the same thing. I am sorry that the kids were brought into this and had to see it. They are teenagers and don't understand the whole thing. They love both of their parents and are torn. We just need to put a stop to the Courts and have good Judges voted in who can understand and see both parties and come to a mutual agreement that would benefit both parties. That is what my intentions are. I am going to continue to fight for Kenyon and his rights. His rights are not to be locked up. It is to be able to continue to work, provide for his kids, and be a free man.

 

Chris E
Posted // May 19,2010 at 11:03 - Niki, Kenyon's support was lowered once in mediation but he fell behind 2 months later, thus the higher amount he is paying, where is the bartending job he claimed to have been offered if his ex lowered the amount of support??? He never took the job, if there ever was one to begin with, he is paying the higher amount because he didn't stay current with his payments WAHHHHHH Noone to blame but himself and if he wants it lowered he has to go through the court system and ask that it be lowered, a man who has made almost 6 figures consistently in the past and who has a BA in business and who now makes 20,000 is "voluntarily underemployed", the same as if a doctor quit his job and went to work "painting address numbers on curbs" and said "I can't find work" would be found "voluntarily underemployed!" Everyone would be doing the same so they could get out of taking care of there kids, and this is about the children, the support is for THEM!!!!

 

BParent
Posted // May 20,2010 at 23:37 - "Everyone would be doing the same so they could get out of taking care of there kids, and this is about the children, the support is for THEM!!!!" Really Chris? If you can provide documentation that every penny Kenyon has ever paid to child support went directly to those kids, then I'll believe your statement. If you can't, then you should probably rethink your ridiculous argument. Child support is a farce. The government profits from the idea of a "non-custodial" parent. If the parents were given equal time and joint/shared custody, there would be no need for child support and each parent could support the children fairly and equally. If the mother has a job, she should be able to take care of the kids with her job and the child support would be icing on the cake for her. Those kids are now 16. My daughter's had a job since she was 16 and pays for her car and her car insurance plus any extras she wants. What's the result? She's responsible. She's got a great work ethic at the age of 17. She's one in a million. These kids are obviously being told by their mom that their dad is a dead beat and deserves to be in jail...I get that from what the daughter is saying about her Dad...words she will regret in the future...words her mother and her mother's friends/relatives put in her mouth. Parental alienation is CHILD ABUSE!!!!

 

Tom M
Posted // May 27,2010 at 01:11 - This judge and so many like him are not concerned with justice or equality. If fathers were given equal rights to moths these problems would be lessened for all. It is a scam and BIG business which also joins forces with corrupt, parasitic, supremacist UDVC and friends. Is this a bigger scam than global warming and socializing America. This is a first step. VOTE 'EM OUT !

 

REPLY TO THIS COMMENT
megan
Posted // May 18,2010 at 20:18 After reading Mr. Eastin's letter, I have come to the conclusion that he is a rambling idiot and could have possibly been pickled while he wrote that diatribe. At the least he comes off narcissistic and delusional about how the real world operates. Just because he writes something on paper, doesn't automatically make it true. The author of the article did a great job of getting hood-winked by this moron and his media hungry girlfriend. FYI: Mr. Eastin was sentenced to 30 days because he was brought into court on Monday May 17th and when the Judge asked him what he had to say for himself he stood up and simply muttered something about how Gary Buhler was a parasite and then turned his back to Judge Henroid. If you, the readers, were the judge, what would you have done with this individual? I see his actions as nothing more than a bratty child that stomps his feet and refuses to eat his broccoli when told what to do. This guy has zero respect for authority, the judge and most of all his children. Oh and it is difficult to have his kids 50% of the time when he is in other state painting curbs for months at a time.

 

Rob Fehr
Posted // May 18,2010 at 21:30 - Wow, Painting curbs in cold inclement weather as opposed to painting and making some money where the weather is at least warm enough for the work to be worth while... Hard to provide for the kids when he isn't making money! As a father who is going through very much the same thing right now, the system is VERY skewed and the lawyers and judges don't give a damn about anything but the almighty dollar. And God knows, they have no reason to end it, due to their income. If his income will not support what he is ordered to pay, HOW CAN HE PAY IT??? Money does NOT grow on trees, or come from magic fairies! Wake up people! Is she working? Is she trying to support the kids on her end? Or is she simply expecting the father to cover all costs? It did after all take TWO to bring the kids into the world. He didn't do it on his own! And for all that say, "why doesn't he get another job?" Don't you think a good father should have some quality time to spend with his kids? Rather than working his days away. Why is it his fault that she had to declare bankruptcy? Can she not find a good job? Can she not budget, and manage expenses? We are only getting one side of the story from which ever side we are on, but you all know it takes TWO!!!

 

Melissa
Posted // May 18,2010 at 21:42 - Well we can see why men divorce money hungry women who can't take care of themselves. I can see why this man has had it with the system. One man can only do so much and it seems like he has given it his best. I support him. Hope he finds justice. Looks like Rachel Carter needs to get her facts more in line if she is wanting to accuse someone of something. She has already changed her story twice.

 

Allan Powell
Posted // May 18,2010 at 22:00 - megan can you read the print out of payments made. would you fell that the system can not count as well as kenyon does. if you do not know these party and there issues stay out of it!you sound like you have some dead beat dads in you closet.

 

Rachel Carter
Posted // May 18,2010 at 23:05 - Rob Fehr: As for Mr. Eastin's ex-wife's work habits -- She works every day, often for 12-13 hours and often on weekends, in a career she's had for over six years. She chose a profession (medical transcription) that allows her to work at home to be with the kids. She manages her finances with the fastidiousness of a CPA.

 

Sammi Eastin
Posted // May 18,2010 at 23:49 - To Rob Fehr: Is my mom working? My mom works way more than my dad does. My dad doesn't spend quality time with us. He's too busy working or sitting in jail. This is the second time. AGAIN, you don't know my mom at all. So would you please shut up? You don't know the whole story, so stop accusing my mom. THIS IS ALL MY DAD'S FAULT. If he would just pay the required amount, everything would be fine. STAY OUT OF OUR BUSINESS!

 

.?.?.?.
Posted // May 21,2010 at 20:58 - Melissa at least she was honest. She made a mistake. She corrected herself. I give her credit! Good job Rachel. you must be an honest person

 

REPLY TO THIS COMMENT
c. carter
Posted // May 18,2010 at 21:26

If anyone reading that mindless diatribe, is foolish enough to choke that down I have a bridge to sell, FOR CHEEP! He is a dead beat dad that needs to grow up and use he presious B.S. degree from the U of U that he spent so much time to get, and find a real job to take care of the children that he helped to produce. It is people like that that make our welfare system explode, because they want to shirk their resonsiblies. Give me a break any parent who cares about their children will do almost anything to make sure they are taken care of, and that starts with a good example. Shame on you Mr. Easton. Get a life and get a job!

 

Allan Powell
Posted // May 18,2010 at 21:45 - Judy my wife will be waiting for me at the pearly white gates how about you.

 

keldwud
Posted // May 18,2010 at 23:38 - C. Carter - When you say that "any parent who cares about their children will do almost anything to make sure they are taken care of", does that include removing a child's father from their lives and thus removing any form of support no matter how little? I don't know how you could justify that philosophy. Maybe you're one of those people who thinks that bringing up your children on welfare, Medicaid and food stamps is better than allowing them to have both parents in their lives. p.s. *CHEAP, *Precious, *responsibilities

 

REPLY TO THIS COMMENT
Allan Powell
Posted // May 18,2010 at 21:41

let us wonder....what is really going on here. I know both parties...i know who is living in a house and who is renting a condo. When there is winter in Utah where do you go to earn a living painting curbs??? You follow the weather to make a living. Ken is not trying to hide any money...he gives his kids and x-wife as much as he can. For as long as I have known Ken he has always taken pride in his kids and they come first. The X-Wife is jealous of their relationship. Ken has just as much right to the kids as the x-wife. "Lunch with the Kids during school". Lets stop and think who we are really hurting here!!! The Kids...they are caught in the middle of all of this.. All this hurt is over a paycheck? Ken should look into joint custody...so he then he is not obligated to pay anyone anything..except to suppport his kid when they are with him. Judy (Carter)....i have stayed out of this as far as attending court hearings...let ken and justine figure it out. If your going to throw out blame and false information take a double look at the numbers. Ken... out of the kindess of his heart went ahead and paid more when he could even when he was counciled not too..dosent that say something for him?? Now that he is in jail..how can he pay? This just puts him farther behind...what does this show to the kids "what kind of mother do i really have"? Putting Dad in Jail? What happens when the kids reach legal age? No pay check for justine

P.S. Megan shut up!

 

Judy Carter
Posted // May 18,2010 at 22:42 - Allan, What are you talking about! I have not commented yet. c. carter is her cousin. Why are you talking about me? My comments will be posted tomorrow. I do know both of them very well. I`ve known him since 1992.

 

Michelle
Posted // May 18,2010 at 22:48 - Painting curbs is for boy scouts! Who in their right mind would think that you can provide for your children doing such work? McDonalds would pay better.

 

Mark
Posted // May 18,2010 at 23:40 - Mc Donalds? Seriously? I had a friend who actually did curb painting and did quite well. A lot better than Mc Donalds. What I don't understand is why is he looked at on having to get 2 jobs to make it work. The children are 16. Shouldn't she also get two jobs too to make ends meet? Why does it always fall on the father. It looks like he was paying steadily. We all have rough times, especially after a divorce, not alone a complete career change. Give the guy a break. If he has to work 2 jobs than make her work 2 jobs. It sounds like the kids are old enough to take care of themselve.

 

Sammi Eastin
Posted // May 18,2010 at 23:53 - Allan, my mom doesn't want the money. She needs to support us. She can barely afford our house, let alone food. She doesn't spend her money on anything else. She is by no means "jealous". I have a great relationship with my mom and better now because my dad has been gone for so long "working". And now he is in jail again. if he really loved me and gage, he would just pay the money and none of this would be going on. So please, leave my mother out of this, and my dad for that matter. you don't know the whole story does, no one does.

 

Chris E
Posted // May 19,2010 at 11:07 - YEA MC DONALDS!!!! SERIOUSLY! THAT WAS USED AS AN EXAMPLE TO SHOW THAT IF YOU ARE NOT MAKING ENOUGH MONEY AT THE JOB YOU ARE DOING DO YOU SIT BACK AND LOSE EVERYTHING AND GO TO JAIL FOR NOT MEETING YOUR OBLIGATIONS OR DO YOU FIND WORK???? ANY WORK POSSIBLE AND KEEP LOOKING FOR A BETTER JOB TO COME ALONG IN THE MEANTIME!!!! WHO DOESN'T UNDERSTAND THAT????? WHAT ABOUT PEOPLE WHO WORK 2, 3, EVEN 4 JOBS TO SURVIVE??? His ex works 12 and 14 hour days and sometimes weekends, thank God she works at home, to bring in extra!!!!!!!!! But if she lost her job and could only find work at, yes even McDonalds, she would take it!!!! money is money!

 

BParent
Posted // May 19,2010 at 22:10 - Michelle: your comments just make you look like an idiot...sorry hon, but it's true. Why don't you guys just all line up in the street and start throwing stones at this guy to show your loyalty to his ex? Biblical

 

Chris E
Posted // May 19,2010 at 22:47 - BParent/Niki it goes both ways! Embarrassed much about what your honey does for a living?

 

anonymousinsider
Posted // May 20,2010 at 09:17 - Sammi- First off...I love you very much. With that being said, I need to tell you that it would absolutely kill your dad if he heard you questioning his love for you. He loves you and Gage more than life itself. He has always put you two as first priority. You are still very young and do not understand the situation fully. Unfortunately your mom has you surrounded by people who have nothing nice to say about your dad. You know that it is not true, and you know your dad loves you. PLEASE, please, please do not bash your dad, this is NOT about Love.

 

REPLY TO THIS COMMENT
Allan Powell
Posted // May 18,2010 at 21:48

Melissa...THANK YOU!!! Good to see that you can see through the bull---- because the "Carters" cant!

 

 
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