A fugitive people within a nation is tyranny.

Posts tagged ‘14th Amendment’

Unconscionable Debt Collection Practices of Child Support Enforcement

by Giovanni LoPresti

As an American Citizen, you want to believe that any person can rely upon judicial fairness in a child support proceeding. The outrageous child support law on the books today is designed to treat all child support debtors like a piece of garbage. The wisdom of common sense, respect, judicial fairness, doesn’t exist under the present law. The mastermind of this unconscionable child support enforcement law was created by former Senator Bill Bradley of New Jersey.

His Senate Bill modified U.S. Code Title IV-D (42 U.S.C. § 666(a)(9)(c)) which requires state courts to prohibit retroactive reduction of child support obligations. The law abolished the statute of limitations, created a civil judgment by operation of law on all child support debtors, allows adverse credit reporting, allows a cost of living adjustment every two years, allows for review of child support orders every 3 years, without a showing of substantial change in circumstance, allows for a suspension of drivers licenses, passports, professional licenses, income withholding, tax intercepts, unemployment & workman compensation intercepts, requires citizen to provide their social security numbers, requires employers to utilize new hire directory to see if a child support debt is owed, provides locator services, requires health care coverage to be provided by either or both parents, and requires a debtor citizen to show proof of substantial change in circumstances necessary in request for review outside 3-year cycle.

I would like to focus on the requirement of proof of substantial change in circumstances necessary in requesting a review of child support outside 3-year cycle. The law offers no guidance whatsoever on what constitutes a substantial chance in circumstances. Similarly, the Office of Child Support Enforcement offers no guidance either. With no guidance whatsoever, the law requires payments to be maintained without regard of a citizen’s ability to pay.

In my view, common sense and judicial fairness would dictate that an injury, illness, loss of employment at no fault of a citizen, whether temporary or not, would constitute a substantial change in financial circumstances? Nonetheless, family court judges throughout the United States have consistently rejected a child support debtor’s request for child support reduction under these circumstances. I asked myself over and over again, why are family court judges are so mean and lack understanding and compassion? The answer to this question is going to shock you.

Under the present law, there is a presumption that child support award is correct and a citizen debtor has the ability to pay or find similar work at the same rate of pay, even if you’re not making the same amount of money. Put simply, Congress has provided family court judges physic abilities to determine a citizen earning capabilities. I find this horrifying, but family court judges find no shame in it. I have heard endless horror stories of citizens whose financial circumstances changed, and denied judicial fairness in family court. Unfortunately, this is what will likely happen if your financial circumstances change:

1. Unemployment or workmen compensation garnished at the full amount.
2. Your ability to support yourself doesn’t matter.
3. Fall behind at no fault of your own, driver’s license, professional license, passport
revoked.
4. Your credit will be destroyed.
5. You can expect armed law enforcement showing up and putting you in county jail
for failure to pay child support.
6. Tax refund intercepted.

WHY A CHILD SUPPORT DEBTORS ARE DENIED JUDICIAL FAIRNESS
WHEN FINANCIAL CIRCUMSTANCES CHANGE

My researched has revealed that most Americans are unaware that our federal government reimburses States 66% of collection cost expended for child support enforcement, see Title IV under the Social Security Act. This doesn’t bother me, but the additional incentive dollars the States receive to treat citizens like garbage does. Under Title IV:

States receive additional incentive dollars for:

a. paternity establishment
b. order establishment
c. collection on current support cases
d. cases paying towards arrears
e. cost effectiveness
f. performance

baby moneySo regardless of a child support debtors changed financial circumstances, a family court judge will routinely deny any request for a reduction or, even a temporary reduction. The unfortunate truth, family court judges armed with physic abilities to determine a citizen’s earning abilities, don’t care. They are the front line in defending the State’s performance incentives. A family court judge will bully a citizen by denying any type of relief sought, suspend your driver’s license, professional license, passport, may incarcerate you for failure to pay child support without a finding of ability to pay, intercept your tax return, garnish your unemployment or workman’s compensation, destroy your credit, and your home State will receive additional incentive dollars from our federal government for doing this to you. This is not only insane, cruel, unconscionable, but definitely creates an appearance of impropriety.

States routinely incarcerate child support debtors, without any determination that they have the ability to pay. Our States actually get paid additional incentive dollars from our federal government for incarnating a child support debtor. The States routinely tell citizens that they are court ordered to pay child support and find them in civil contempt. However, the court order is also a civil judgment by operation of law. Did you ever hear of any situation whereby any judge would allow any person to have a slice a cake and eat it too? For example, if you obtained a civil judgment against me, you can’t suspend my passport, driver’s license, professional license, intercept my tax return, garnish my unemployment or disability check, hold me in contempt, and jail me for failure to pay a debt. Special thanks to our federal government, state government are permitted to have a slice of cake and eat it too.

burning the constitutionThe last time I checked, the 14th Amendment prohibits States from denying any person within its territory the equal protection of the laws. The federal government must do the same, but this is also required by the 5th Amendment Due Process Clause. All citizens should be entitled to judicial fairness in any court proceeding. I urge all citizens to write their elected officials and asked them to repeal this unconscionable law. Alternatively, send your elected official a strong message and vote them out of office. A debtor citizen cannot rely upon judicial fairness in a family court proceeding, if a State has a financial interest in maintaining additional incentives dollars.

How American Freedom Has Been Destroyed

Why the Fourteenth Amendment Doesn’t Exist
How the Constitution Has Been Destroyed

burning the constitutionOriginally, the Constitution limited the jurisdiction of the federal government by making citizens of the state in which they were born or resided. According to the Constitution, the federal government could only have jurisdiction on a person if they lived in Washington DC or a US territory.

The Federalists who took control of our government after the Civil War, instituted the 14th Amendment to “protect” the former slaves. This amendment allowed the former slaves to come under the Jurisdiction of the Federal Government in order that the Federal Government could protect their Constitutional rights. Many blacks were being abused by people and the local or state governments would not come to their aid. The 14th Amendment may have freed the slaves from oppression of their neighbors, but it gave them and us a new master, the Federal Government. The 14th Amendment makes us citizens of the UNITED STATES AND of the several states. NOTE THE SMALL “c” ON THE WORD CITIZEN. This allows the Federal Government to have jurisdiction over us that it never had before the 14th Amendment. The 14th Amendment also states (the last section) that the debt of the Federal government cannot even be questioned.

Most people have received their UNITED STATES citizenship when they received their Social Security Card. With the Social Security Card came income taxes. I am not going to go into how we have been put under Statutory (Admiralty) Law; I will simply state that we are under it. We all know this because we need a license (permission to break the law) or permit to do things. A free citizen doesn’t require a license or a permit. Why would a free person require permission from the government to get married, drive a car, start a business, to add onto his/her home or improve his/her property?

Please show me in the US Constitution or your state constitution where a government has the right to demand such obedience? If anyone is arrogant enough to try to use the US Constitution to show such things, please align your argument with the 10th Amendment. How did we get in such a mess, but more importantly, how do we get out of such a mess?

The Congress in session during the time the 14th Amendment was declared law provided people with a way to get out from under these provisions. It is called an apostille. An apostille allows you to deny or renounce your United States citizenship and receive diplomatic immunity. For total freedom, you also must file a UCC-1 lien against your STRAWMAN and a denial of corporate existence against the incorporated local and state governments.

Have you ever noticed that your driver’s license, bank statement, and any bill that you receive is in all capital letters? This is not by accident; there is a legal reason for this.

DID YOU EVER WONDER WHY THE GOVERNMENT OR THE STATE CAN TAKE YOUR HOUSE, PROPERTY, CARS, BANK ACCOUNTS, CHILDREN ETC.?

DO YOU THINK YOU OWN EVERYTHING YOU WORKED SO HARD FOR THROUGHOUT YOUR LIFE?

DO YOU THINK YOU ARE TRULY FREE AS GOD INTENDED IT TO BE SO? OR ARE YOU A SLAVE?

ARE YOU A SUBJECT AND PAYING DUTY TO THE CROWN OF ENGLAND THROUGH THE TAX SYSTEM?

WHAT IS YOUR REAL NAME? IS IT JOHN HENRY DOE, IN ALL CAPITAL LETTERS OR IS IT, John Henry Doe, IN UPPER AND LOWER CASE LETTERS?

I KNOW THE ANSWERS, BUT DO YOU?

IF YOU WANT YOUR LIFE AND FREEDOM BACK YA BETTER READ ON!

ASSUME THE FOLLOWING:

The United States is bankrupt and has been since 1933. The government has no gold or silver as required by the Constitution. The only asset left is the people. So how does the U.S. finance its daily operations?

Solution, collateralize the people for credit. How? By registering them in international commerce, and selling bonds on them. The people become the surety on the bonds, or the “pledge”. The asset bonded (surety) is the labor of the people which is payable as some undetermined future date. Thus, the people become the “utility” for the “transmission” of energy. Result, a very sophisticated form of peonage or slavery and the Constitution does not apply because the government, on all levels, is thrown into international commerce, the law merchant, now known as the Uniform Commercial Code. [See Public Law 88-244 in which the U.S. Subscribed to private international law. See definition of “goods” under the Uniform Commercial Code; Section 2-105(1) and 9-105(1) in which animals, i.e. humans and their unborn offspring, become “goods” sellable in commerce!]

When a baby is born in the UNITED STATES, a birth certificate is registered with the Bureau of Vital Statistics in the State of birth. The key word here is “registered” as registered in international commerce. The baby becomes the surety, whose energy is due at some future date. REMINDS YOU OF THE MOVIE MATRIX DOESN’T IT. When the birth certificate is registered in the U.S. Department of Commerce, the Department of Treasury issues a bond on the birth certificate ($1,000,000) and the bond is sold at some securities exchange and perhaps bought by the Federal Reserve Bank, which then uses it as collateral in order to issue Federal Reserve Notes or some other form of “debt obligation” (see 18 USC §411). The bond is then held in trust for the Federal Reserve at the Depository Trust Corp. At 55 Water Street, in New York City, about two blocks down the street from the Fed. It is a high rise office building and the sign out front reads “The Tower of Power”. I. E. MATRIX

When the birth certificate is registered, a separate legal entity is created, like a mirror image of the flesh and blood human. This separate entity, or alter ego (THE ALL CAPITAL LETTER NAME) is the “strawman”. (See Black’s Law 6th edition dictionary). And it is the “accommodation party” of the Uniform commercial Code §3-415. The “name” is credit. (See Back’s 6th “accommodation party”). Therefore the right (or the use) has been separated from the title (or deed). The “straw man” holds the title (he belongs to the government’s client who bought the title) and the real live you, flesh and blood man or women has only naked possession with the limited “right” to use the thing (like your body or your alleged possessions and land). Maybe that’s why our civil rights suits get dismissed out of court on Civil Rule 12(b)(6) motions. This deals with “failure to state a title upon which relief can be granted”. A claim is another word for “title”. So we have “failed to state upon which relief can be granted”. We do not own the “title”, even to our own bodies anymore. Isn’t that encouraging! How free are you now?

When the straw man violates some rule or statue (for instance a traffic ticket), the flesh and blood, the real you has to appear at the arraignment and admit the straw man’s name (credit) and the “energy” surety is due and payable (fine) by the flesh and blood man who is in use of the straw man. This, I’m sure, is why it is so important to “voluntarily give” your name to the magistrate (court). The defendant is the straw man. The real you, the flesh and blood man is the “offender”. An “offender” is on the offensive team until he screws up and goes on the defensive team with the defendant (straw man) and looses as the real man.

So if this scenario is correct, how does one get back the bond that has been sold on the birth certificate. And then how does one get in control of his body and his property?

TITLE = RIGHT = REMEDY = RELIEF can only be granted after perfecting the “security interest” in the “goods” (The collateral = pignus = the straw man

DEFINITIONS & MEANINGS

Stramineus homo /straminiyas howmow/. L. Lat. A man of straw, one of no substance, put Forward as bail surety.

Stratocracy /stseokraisiy/. A military government; government by military chiefs of an army.

Straw man or party. A “front”, a third party who is put up in name only to take part in a transaction. Nominal party to a transaction; one who acts as an agent for another for the purpose of taking title to real property and executing whatever documents and instruments the principal may direct respecting the property. Person who purchases property for another to conceal identity of real purchaser, or to accomplish some purpose otherwise not allowed.

At birth your parents and the doctor become the pledger of the birth certificate title to the baby Johnny. The State become the recipient of this pledge for the future energy output of “Johnny”. The state converts the “title security document” into a bond which is sold on the open market place to finance government. The bond holder is the secured party to receive the future energy output of Johnny. Johnny is the mere naked holder and possessor of the body with no title. His duty is to the secured party. To keep your child you must not give it a first name while in the hospital do not fill out the birth certificate papers, put them off permanently. Let the child decide when they are 18 to enter into the fed if they wish.

The definition of the straw man now becomes apparent. The straw man is nom de guerre artificial entity put forth that is owned by the secured party who bought into the bond placed on the market by the Treasury of the United States. The straw man is not yours. It is the front man for the secured party holder of the bond. Whatever the straw man signs, he does so to place title to property in the hands of the UNITED STATES and the bond owner. The straw man does not place title to the property into Johnny’s hands. That is because Johnny does not have title to the straw man. The straw man belongs to the UNITED STATES and the bond owner.

In order to get one’s liberty and independence back, one must first secure the title and ownership of the straw man back. Once one controls the straw man, then one controls the rights of the property that the straw man acquires.

The key to ownership is registration. In a military government, registered property is recognized By the “public” side. If the property is registered on the public side of the government, then the property is public. If the property is registered on the private side, then the property is private with no public interest.

The military government (democracy) has three appointed leaders. The governor, the Secretary Of State, and the Secretary of Treasury. The Secretary of State holds the registration for the Democracy corporation. The public side of the registration is the “corporate filings” at the state And county levels. The private side of the filings are the “Uniform Commercial Code filings” of the creditors to transactions. This registration by the private creditor is the highest priority of recognition by the military State (democracy). If one is not registered, then one is believed to be “foreign” with no rights, private or public, except what is granted by the military law form As a privilege.

For one to regain title to his body, the Birth Certificate must be secured and attached and recorded in the private UCC-1 filings with the Secretary of State in the democracy. Once the living soul has redeemed his Birth Certificate and filed notice of the redemption by a UCC-1 filing with the Secretary of State, then the living soul has the right of property ownership in himself through his straw man who now belongs to the living soul. Furthermore, the bond created and sold in the market place for the straw man now becomes the property of the living soul. The living soul now has the capacity to own real property by allodium and to own private chattel property by the process of the passover, redemption, chargeback, and discharge of public debt.

What’s in a name? Very simple. A name is CREDIT. For any unauthorized person to use your Name or the straw man’s name (when they do not own the title to the straw man) is to violate the laws of “slander of credit”. Once you have redeemed the straw man and own him, then any further commercial process done by any person (like an attorney, a judge, or law enforcement office without your consent) is slander of credit against your straw man. This is a federal criminal securities violation that means prison for them.

Until you redeem your straw man and register his title to you, the living soul, then your straw man becomes the source of the credit for the UNITED STATES to the public affairs of the nation through the “pledge” or gift of your property )your body and energy) to them for their use.

Anniversary of Bradley Amendment Continues Child Support Discussion

by Killeen Gonzalez

May 5, 2011, marks the 25th anniversary of the controversial Bradley Amendment. In 1986, the Bradley Amendment was enacted into federal law as an amendment to Title IV of the Social Security Act thanks to the likes of then-Democratic Sen. Bill Bradley.

What is the Bradley Amendment?

The Bradley Amendment is a series of laws that were designed to prohibit non-custodial parents from having their child support arrears reduced or eliminated regardless of the circumstances. In addition, the amendment allowed child support enforcement workers to disregard changes in a non-custodial parent’s circumstances like job loss, incarceration, military service or physical disability in certain instances.

Furthermore, it gave the same workers the ability to pursue legal remedies against the non-custodial parent the moment a payment was missed without having to first go through a quasi-judicial or judicial proceeding. These legal remedies included asset seizure, un-expiring property liens, driver’s license suspension, professional license suspension, suspension of voting privileges and incarceration.

Why is the Bradley Amendment Controversial?

Opponents believe that, in part, by granting such capabilities to child support workers, the Bradley Amendment effectively disregarded the non-custodial parent’s constitutional rights of due process and equal protection as well as disregarded the unconstitutionality of what equates to nothing more than a “debtors’ prison.”

The rights of due process and equal protection were given to Americans after the Civil War as part of the 14th Amendment to the U.S. Constitution. Although 14th Amendment violations are most often cited by social advocacy groups, arguments have also been made that the Bradley Amendment violates the fifth, eight, ninth and 10th amendments as well.

Due process essentially ensures that all Americans are entitled to be heard in their own defense, have a right to legal representation even if they cannot afford a lawyer on their own, have a right to a fair and public trial with a jury of one’s peers and property taken by the government may only be done for public purposes and the government must reimburse that person the fair market value for that property.

The right of equal protection goes hand in hand with the right to due process and is designed to keep states from unfairly applying its laws to individuals under their jurisdiction. In this case, opponents of the Bradley Amendment believe that the laws are unfairly applied against the poor.

According to the Southern Center for Human Rights, in the state of Georgia alone there are over 500 non-custodial parents who are incarcerated over failure to pay child support. Of those non-custodial parents currently incarcerated, the majority were not given legal representation and are considered indigent.

The group’s website also cites that 70 percent of outstanding child support debt in this nation is owed by non-custodial parents who make less than $10,000 a year. According to the federal government’s poverty guidelines for 2011, an individual making $10,890 or less a year in most states is considered poor. This gives credence to the argument that the Bradley Amendment unjustly targets people living at or below poverty level.

Furthermore, another item that has been called into question related to the Bradley Amendment and the child support system as a whole is the money trail associated with child support enforcement. What many people may not realize is that not all money collected by child support enforcement workers goes to the custodial parent; some of it goes to the state and federal government to pay welfare debts.

Moreover, the state receives matching federal funds. Those matching funds then go, in part, to pay the salaries of the child support workers, as well as the law enforcement and legal representatives who assist them in collection efforts.

In addition, once a person is incarcerated, some prisons charge fines and fees to the inmates for such things as room, board and medical costs. Such was the case in Clinch County, Georgia, where detainees at the Clinch County Jail were unlawfully charged $18 a day for room and board regardless of whether they were later found innocent and released. A civil class action lawsuit was eventually filed on behalf of those detainees; the judge ruled that the sheriff had to return all illegal fees.

Challenges to the Bradley Amendment, Past and Present

Since its inception, the constitutionality of the Bradley Amendment, and child support in general, have been repeatedly called into question throughout the nation. Early cases in point include one from the Massachusetts District Court, one from Florida’s Sixth Judicial Court as well as the case of Michelle Sweat, which was heard in Georgia by Superior Court Judge C. Diane Perkins in February 2002. The judges in each of those cases found aspects of child support laws to be unconstitutional.

From 2004 through 2006, there were moves made on behalf of the American people to get both the courts and the U.S. Congress to repeal the Bradley Amendment entirely on the basis that it is unconstitutional. The case was ultimately dismissed in February 2006. That, however, was not the end of the discussion by any means.

In July 2008, then-presidential candidate Barack Obama and Sen. Evan Bayh came under fire for their introduction of the Responsible Fatherhood and Healthy Families Act of 2007, which was also seen as unconstitutional by some groups. The introduction of the act revived the earlier arguments against the Bradley Amendment, which brings us to the most recent challenge made to the constitutionality of the law.

On March 22, the Southern Center for Human Rights filed a civil rights class action lawsuit on behalf of six non-custodial parents from several Georgia counties. At this time, the case is still pending.

Sources:

Congressional Research, “The Bradley Amendment: Prohibition against Retroactive Modification of Child Support Arrearages” Congressional Research

Associated Press “Parents Sue Ga. Over child support jail time” The Augusta Chronicle

The Law Office of the Southern Center for Human Rights, “Debtor’s Prison” Southern Center for Human Rights

The Law Office of Southern Center for Human Rights, “Georgia Deprives Children as Indigent Parents Languish in Debtor’s Jail for Inability to Pay Child support” Southern Center for Human Rights

William Akins, “Why Georgia’s Child Support Laws are Unconstitutional” Georgia Bar Journal

Cornell University Law School, “Equal Protection” Cornell University Law School

E Manning, “Obama Attacks Constitutional Rights of Non-Custodial Parents” Newsvine.com

Center for Law and Social Policy, “Responsible Fatherhood and Healthy Family Act of 2007” Center for Law and Social Policy

Christine Vestal, “Child Support Enforcement Takes a Hit” Stateline.org

U.S. Department Health and Human Services, “The 2011 HHS Poverty Guidelines” ASPE.hhs.gov

Phyllis Schlafly, “Repeal the Bradley Amendment” Restoring America

Alliance for Non-Custodial Parent’s Rights, “U.S. District Court of MA Civil Docket” ANCPR.com

Divorcenet “The Bradley Amendment: How Does it Affect Men’s Child Support” Divorcenet.com

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