A fugitive people within a nation is tyranny.

Posts tagged ‘attorney’

Obama: Church Shouldn’t Focus on Protecting the Unborn & Marriage

by Barry Silver

666 the prezA couple of weeks ago President Obama took part in a panel discussion on poverty at Georgetown University where he launched into an attack on the focus of the Christian church in America. I’m not certain what makes him an expert exactly. I know he claims to be a constitutional law attorney. Funny though, the prez and the first lady were both attorneys, disbarred by the State of Illinois. Why is an attorney disbarred? An attorney is disbarred because of conduct unbecoming. It’s like being a soldier and being dishonorably discharged.

obsequious moderatorThe prez said that his comments were based on his “own Christian faith.” The panel was moderated by a famous Washington liberal, so the panel gravitated to praising the left while attacking the right when it comes to poverty. No discussion was made about the disparity in charitable giving between red and blue states, but simply to the fact that conservatives didn’t believe the government should be used for charity, while the left believes the government should be the main source of charity. Obama criticized churches for how they engage politically, focusing on “divisive issues” such as protecting life and preserving marriage.

“The president argued last week that churches would gain more followers if they embraced the “powerful” idea of helping those in poverty. “I think it would be powerful for our faith-based organizations to speak out on [poverty] in a more forceful fashion,” he said.

The president also said that advocating the redistribution of wealth is “vital to following what Jesus Christ, our Savior, talked about.”

More often, he engaged in double-speak like this:

“When it comes to what are you really going to the mat for, what’s the defining issue, when you’re talking in your congregations, what’s the thing that is really going to capture the essence of who we are as Christians, or as Catholics, or what have you, [poverty] is oftentimes viewed as a nice to have, relative to an issue like abortion.”

homelessThe ignorance of the president knows few bounds. To imply that ending poverty should be of greater concern to Christians than ending the holocaust of innocent lives through the eugenics of abortion is repulsive. All you hear liberals talk about is human rights until it comes down to actually considering what those rights are. Essentially, the unborn have no rights because they don’t have the capacity to vote.

burningrightsinternetMen don’t have rights either. They can vote, but they’ve been emasculated unless they want to tow the Washington line. The state can rob and plunder anyway it pleases. It sees itself as Robin Hood, especially as the champion of the children that it wants to own. It does this fully through single mothers. It champions the Bradley Amendment. It robs from parents and tolerates the church – for now. Government wants your faith. The church is simply poor competition. By deduction, Christians are pains in the arses to compete with the state in any way. Prez knows best.

dad-slaveryAs far as same-sex marriage goes, homosexuality is just another sin, conveniently listed among those sins, of which Yahweh says that no man or woman will enter His Kingdom. Many churches are already on a wide road to destruction according to scripture, but that’s another topic beyond the stupidity and corruptibility of American leaders and obsequious stone-headed church leaders. What a real Christian would best do isn’t covered much in public.

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Child Support Clerical Error in Texas Leaves Dad With Jail Time, Jobless

compiled by Moody Jim Rathbone

captiveIn 2013, a clerical error landed a Texas father in jail after he received a bill. That bill stated that he owed nearly $3,000 in overdue child support that his employer failed to withhold. After receiving the notification, Clifford Hall immediately repaid the amount owed and even paid an additional $1,000 towards his debt. The repayment wasn’t enough for Texas. The 43-year-old father was sentenced to six months in jail. This compliant man willingly turned himself in for “justice.”

Texas justice child supportIn the end, Hall spent 13 days in prison after his case was reviewed. He was then released and was able to see his 12-year-old son. “That was what he was most excited about,” Tyesha Elam, Hall’s attorney, said.

I’m glad that Clifford Hall was grateful.

But despite the fact that the error was corrected, Hall suffered major consequences. Because of his jail time, the Houston father lost his job, putting him in arrears and in line for judgment by the Bradley Amendment, where child support arrears can never be forgiven.

Oh well, at least he has his son and his accruing debt for child support. This Texas sized mistake is costing him $10,000 to start off with.

Sometimes, you can be too honest (he turned himself in expecting justice) and lose it all because of bad law that violates Constitutional rights and due process. He also received less than stellar advice from his attorney.

Too bad that Texas can’t be put in prison for bad behavior for justice, Texas-style.

overthrow

 

One Way To Handle A Court

When you go into court what do you find? Here are some general things to consider.

deceptionThe judge sits above everyone else. The judge, prosecutors and accused reside in a fenced area. Today, this is NOT a court room, this is the judge’s or magistrate’s chambers. Judges chambers are wherever they set them up to be, not just the office in the back. Court rooms would be for common law which almost never exists today. This is part of the deception. A “magistrate” is not a judge, who sees you in their chambers, where they can do what ever they want, without the constitution, your natural rights, etc. Why is this corporate representative siting in a raised position? Simply put, from childhood you are taught to look up to “authority”. It’s a pretty intimidating environment designed to engender your respect and obedience. They use words in double meanings just as their environment is also part of an act, a stage. Their words are deceptions as are their practices. In reality, the trial or hearing should be held in a sunken area like a surgeons theater where people look down on the judge and oversee the process.

Always insist first and foremost to be “on the record in a judicial hearing”. This removes the magistrate from doing anything they want with you. If you feel forced into accepting the judges chambers, then you can inform them you are in judges chambers, all parties are equals, they have no political jurisdiction, you are a sovereign spirit present by special appearance and there is no contract. More importantly, when you enter the court room and they call your name, loudly proclaim that everyone present is fired and you are a sovereign spirit there by special appearance. Repeat that at any time. If the magistrate threatens (tries to extort your submission), remind them they are fired and you are in judges chambers instead of a professed court room! A judge can not practice law from the bench. They can’t assign you council or otherwise. Remind them they are fired and you have not and will not give them authority to make and legal/lawful determinations for you. You do not consent. Once presented with their offer of contract, you can state your willingness to accept their offer and negotiate a settlement with them. Asserting your authority ends the controversy and the professed judge is now only working out the settlement. The prosecutor will deal with terms and you can agree on terms. They must provide proof of the contract that obligates you to any of the statutes, including any ‘crimes’ that are listed. There is no contract, nor is there a bond for the transaction.

The main purpose of a professed judge or magistrate is to moderate the conflict between you and the prosecution of the government. They will present you with their shopping cart of ‘charges’ or items on sale. You will notice the dollar sign, dollar amounts attached. You are in a martial law tribunal. This is martial law and you are presumed guilty. This is the summary judgement which holds the charges and the plea in one. It is pure, unadulterated fraud. They have no law, no authority, no contract, only deceptions designed to cultivate your submissive acceptance that what is going on is authority over you. This is a common corporate scam of all modern government designed to make them money.

If you are in a trial situation and given an unfavorable verdict, you are being given an offer of a contract. Promptly, loudly, clearly and politely refuse to accept it. Keep refusing to accept until you are asked what you will accept, then state “dismissal of all charges with extreme prejudice”. You are in a martial law court where the verdict and sentence are an offer. Don’t accept it and don’t settle for less.

Do not ever hire an attorney and if you are assigned one, fire that professed attorney. If you are in court, fire them immediately. The attorney works for the court and are officers of the court. They are the tools of your bondage to a fraudulent system.

The Issue of Legal Consent

roaring matriarchMen aren’t perfect. That’s for sure. Recent times have proved that women are no better. Goddesses of windfall have received a free ride on the legal gravy train in the USA for far too long. Now, this system of abusive law threatens all parents, male and female. Never mind that the sociopathic matriarch of the past has been coddled and fussed over for many decades because of “deadbeat dads.” This perceived situation has worked well to the mutual empowerment of corporate government, as the resources of non-custodial parents are repeatedly ransacked, whether they are capable of paying or not. Corporate government has been only to happy to reimburse itself with all the free money through endless financial authority. State governments are also notorious for withholding money from the very children they proclaim to help. In many cases, this is because the state has already helped to support the children and the mothers that bore them through government vehicles like welfare and medicaid programs. In the view of the state, they are simply recouping the corporate investment that has been mandated by the federal government.

The sins of the system are many. When income changes for any reason, in the good old USA the child support doesn’t. Impoverished and unemployed non-custodial parents must hire an attorney. Child support is never retroactive, except to the detriment of the oppressed. Most judges see to that. In the meantime, many matriarchal sociopaths are relentless in their pursuit for cold hard cash through legal oppression. Family attorneys are only to happy to oblige, as legal costs are “passed on” to the father, whether they can pay or even if payment is never received. Their former husbands and boyfriends will pay, never mind if the money ever exists or could be earned. These women have been taught that they bear no responsibility. They are free to act any way they please, including chasing the emasculated males out of their lives. The state will care for their children no matter what. When you live in the ‘United States,’ Uncle Sam is the sugar daddy, even if a terrible one. The children will be supported, whether right or wrong, now with men as the usual target for renumeration. This isn’t entirely the case because there are plenty of women that won’t be bothered with their children because they would rather have another kind of life. Now, the nation is full of ‘deadbeat moms.’ Never mind the ‘deadbeat moms’ that continually abuse and misdirect their children to make themselves look good and dad look bad. Meanwhile, during all the family drama, the federal government has deeded itself total control over all financial transactions. It has the power to undo every American citizen to fulfill the interests of politics. This power endangers every parent, even every person that works for a living in the nation.

Technically, parents have been emasculated in this age, through the power of the corporate state. In this new empire, the fascist state owns the children while pretending that you do. For when you refer to enacted law, emotions and idealism don’t apply. A heartless corporation executes these laws as morals, ethics, and values go out the window.

the corporate unca sam has youCourts do not offer judgment, only legal opinion. The justices of the Supreme Court offer nothing but opinion, which then becomes public policy. The BAR association copyrights these opinions which is misleadingly labeled as the ‘law.’ In the United States, the people have increasingly been victims of legal precedence for nearly 8 decades. Common law is increasingly the rarity rather than the norm. Old grandad used to gloat that possession is nine-tenths of the law. That idea has passed on, along with old granddad! In civil law, you are guilty before being proved innocent, even though the creators of Perry Mason would have you believe otherwise.

The side effect of being a consenting citizen of the United States corporation is that all statutes are applied to you with what the U.S. code calls Prima Facie law. This law derives its authority from assumed consent and more often than not, your ignorance. All branches of government operate under law, meaning that the consent of the governed is automatically assumed in all legal matters and decisions based on court opinion. This view impacts all contracts. After all, what in today’s age isn’t a contract of some nature?

Marriage is a civil contract to which there are three parties- the husband, the wife and the state. That is the perception of the law which you have agreed to through your marriage license. From that time, the state is continually involved in your relationship, a silent ‘partner’ in all of your affairs. This is very basis of the criminal racket known as the dreaded ‘Child Protective Services,’ which claims overarching authority from ‘Health And Human Services’ as it legally kidnaps your children in their ‘best interest’ as it sees fit.

Authority is delegated through ‘parens patriae,’ literally ‘parent of the country’ which refer to the role of the state as sovereign and guardian of persons under legal disability.

Pursuant to the parens patriae doctrine, ‘the primary control and custody of infants is with the government, to be delegated, as of course, to their natural guardians and protectors, so long as such guardians are suitable persons to exercise it.’ – Columbia University

“In other words, the state is the father and mother of the child and the natural parents are not entitled to custody, except upon the state’s beneficent recognition that natural parents presumably will be the best of its citizens to delegate its custodial powers… ‘The law devolves the custody of infant children upon their parents, not so much upon the ground of natural right in the latter, as because the interests of the children, and the good of the public, will, as a general rule, be thereby promoted.'” (Chandler v. Whatley, 238 Ala. 206, 208, 189 So. 751, 753 (1939) quoting Striplin v. Ware, 36 Ala. at 89; Ex parte Wright, 225 Ala. 220, 222, 142 So. 672, 674 (1932). See also Fletcher v. Preston, 226 Ala. 665, 148 So. 137 (1933); and Striplin v. Ware, 36 Ala. 87 (1860).

What about your Constitutional rights? They’ve already taken care of that:

“But, indeed, no private person has a right to complain, by suit in court, on the ground of a breach of the Constitution. The Constitution it is true, is a compact, but he is not a party to it.“ (Padelford, Fay & Co., vs. Mayor and Aldermen of the City of Savannah 14 Ga. 438, 520)

I am a man

The Supreme Court has transliterated the word “supreme” to mean that these seven appointed justices that pass legal opinion on masses of ‘consenting’ citizens are more supreme than God in an indestructible government.  These justices are not voted into these positions of power in any way by the people, but are appointed by the President of the United States as the head of a government corporation. These self-imposed deities clearly state here that they are the law of the land, and that “the natural consequence of citizenship” is for the people to be under their supreme opinion.

Your only option is to disagree, which means you must NOT consent. This is not an easy road to take as you are boxed in on all sides. Learning how to NOT CONSENT is what the United States was originally built on, but this is no longer the case, since the Constitution is a dead document, rendered inoperative through the invention of legal precedence in the 1930’s. This ‘legal bullying’ may well be the case throughout the rest of the Roman Empire. As the national news is so fond of saying: “desperate times call for desperate measures.” The beginning? Just say no!

Soldier Paid Support for Kid that's Not His

by Roxanna Haynes – WKRN

soldier child support scamWhile a soldier was fighting overseas, he paid about $2,700 in child support for a child that wasn’t his own.

Christopher Childers’ wages were garnished to pay child support while he was deployed in Iraq, but the Tennessee Court of Appeals in Knoxville said in this ruling, the state can’t pay him back, even now that a DNA test has proven he’s not the father.

According to the proceeding, the child’s mother, Alexandria Price, sought assistance from the state and claimed Christopher Childers was the father of her baby.

His child support was set at $126.23 a week.

Childers then filed a motion for DNA testing.

The motion states: “I was deployed in Baghdad, Iraq… I never received a letter ordering me to report for a DNA test. Therefore, I was ordered the father by default.”

Mary Langford, a Family Law attorney, told Nashville’s News 2, “He claimed that he was not served with process, but it had been mailed to his parents home and never accepted. If that was the case, and if the records show that that was the case, it should have stopped right there.”

A juvenile court ordered the state to reimburse Childers, but the state appealed.

The appeals court determined that while the initial judgment was wrong, the juvenile court doesn’t have the jurisdiction to order the state to pay him back.

“The result here is exactly what it has to be under Tennessee law. We can’t force the state to reimburse someone,” Langford said.

Legal experts told Nashville’s News 2 that Childers’ best option now is to have the Tennessee Supreme Court try the case.

They also said Childers should have been issued an attorney because of the Service members Civil Relief Act (SCRA), which protects troops when they are unable to defend themselves in court.

Violating Your Rights: It's in the Paperwork!

by E.J. Manning and Samuel Gaddie

As many of you caught up in the U.S. Child Support System know, due process and a just hearing are not really in the cards if the government has its way. The same applies in other nations as well. What is worse is that it feels awful to be exploited even if you aren’t quite sure how this works. Wonder no more. You are being exploited through the misconduct of law. For example, according the Attorney General of Kentucky,

“[Judges go] by the court order, not the work sheet. When I recommend an obligation amount to the court I submit a work sheet and the court then writes an order. It is the amount in the order that get’s put in… [the child support system], not the worksheet. I have a case now where the Judge did not go by the worksheet because of extraordinary circumstances. So the amount in the worksheet and the amount in the order are not always the same. The order has the force and effect of law. The worksheet shows the result of calculations based on the guidelines and income information of the parties. The work sheet provides guidance to the court, but standing alone is not binding or enforceable.”

kangaroo courtWhat the Attorney General fails to reveal or realize is that the child support work sheet of every case is RELEVANT and therefore covered under the full force of Federal Law including HIPAA privacy laws. HIPAA is relevant because the private health information of the child and parent is usually involved, since health care is typically a part support. This is especially important. Why? The States are not walking the fine line of the law. They are candidly violating the very laws just written… to facilitate oppressing you or to gain advantage over you. That is exploitation whether they consider it legal or not. The truth is, as we have briefly spoken, the execution behind the scenes is often illegal based even on judicial precedence, the current basis of the American legal system.

However, it is up to you to speak up about it, to file a complaint and to begin to earn a little respect instead of residing firmly under the thumb of the State, as well as the Feds that aren’t really looking at the letter of the law.

Naturally, “the system” will object. “There would be no reason for the court to transmit the worksheet to the Cabinet. The Cabinet is required to charge accounts based on orders. It cannot charge based on a worksheet.” Yet the worksheet is vital to developing a history and in evidence for any judicial decision. The system can’t have it both ways, even if they think they can. Within the system, this worksheet becomes a valuable electronic tool that contains your personal information, so you can argue that your worksheet is RELEVANT and is fully covered under the law.

The bottom line is this: The truth is that prima facie (“first sight”) fraud can be argued without your obligation worksheet being fully complete. Why? The information entered into the state child support system is inaccurate and incomplete, even voided because of this lack of completeness. This is misconduct within the system, especially since the judge uses this data to decide your case. Because this violates Federal HIPAA law because the health care of a child is involved, this makes matters worse.

It all comes down to this legal fact. The modification of support obligations is calculated based on guidelines.  The guidelines shall serve as a rebuttable presumption for the establishment or modification of the amount of child support.  Courts may deviate from the guidelines if the obligation amount is unjust or inappropriate.  Any deviation shall be accompanied by a written or specific finding on the record specifying the reason for the deviation by the court.

State and Federal law defines how a support obligation is calculated and its relation to the Child Support Guidelines table.  The guidelines table is used along with the Worksheet for Monthly Child Support Obligation to calculate a support obligation. This done electronically through the Obligation Calculations function using data from the obligation worksheet on the electronic input screen. The legal evidence indicates that all documents created by the court must be fully complete and accurate under the law.

The kicker is that the Worksheet for Monthly Child Support Obligation Exception is used only when a parent has 100% of the monthly adjusted parental gross income in many states. (This form also provides a reduction in gross income for the entire amount of health insurance premiums incurred and paid for any child.) The reasoning and documentation of the court and the system does not consider the reality of the non-custodial parent, or even his or her current income, but what it was. Per the Bradley Amendment for Social Security Administration, the court mistakenly assumes that this support will always be the same regardless of the circumstances of the “payor” or non-custodial parent. It does not technically allow for retroactive modification, yet the court often changes child support amounts due when the custodial parent relocates to another state, yet another example of the system failing to follow its own laws.

A modification is difficult, time-consuming and expensive. When you read the fine print, an attorney is required. We aren’t talking about frivolous matters here. We are talking about life: the blood, sweat and tears of American citizens that are held to have certain civil rights. The system is taking them away. Even attorneys are playing into the system. It is up to you to stand up for your rights since nobody else is doing so. The judge is king. Whatever he or she says in an order goes. Since this is clearly the case in U.S. law, the documents that back up must be complete and accurate, and in compliance with ALL Federal Law, including HIPAA. The details matter, but you must look into them. Whether you will continue to be exploited is up to you.

Get a copy of your state Child Support Handbook and get to know it. When you receive communication, be certain that you have timely notification and time for appeal as required by law. You have to be brighter than the data entry specialist sitting at the state child support terminal. Don’t let “the system” get away with ruining your life without having to work hard to do it.

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Violating Your Rights: It’s in the Paperwork! by E.J. Manning & Samuel Gaddy is licensed under a Creative Commons Attribution 3.0 Unported License.
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Divorce Is Ugly Business

Divorce is an ugly business, certainly not designed to enrich children. In fact, the only ones enriched by the broken and fatally flawed American system are the government, attorneys and the sociopaths that promote it.

Constitutional Violations and the Patriotic Man

Bradley Law Unfairly Punishes Soldiers

Unemployment: The Plight of Non-Custodial Parents

Arguing About Unemployment and Child Support

Unemployment: Child Support Time Bomb

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