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

So 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.

The 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.

The Issue of Legal Consent

Men 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.

Courts 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)

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!

Fair Child Support: The Audacity of Hope

Not a few of us have come to personally wonder, even mourn the loss of our true national identity. The personal identity of Americans is even more challenged. We have come to a place of oppression and circumstances over which we have no control, but we are going to have it all rubbed in our faces by oppressive law and unfettered government application. Mistakes aren’t permitted unless you have influence and a hefty bank account. Justice is bought and sold like a revel at Bourbon Street. It’s cheapened the nation and weakened the fabric of society instead of strengthening it. We are a nation that encourages vile and predatory behaviors which reject the core of what builds and strengthens the strong nations of the past for the rhetoric of despots that seek to wield unlimited power.

But …social conservatives…want a return to a bygone era, in which sexuality outside of marriage was subject to both punishment and shame, obtaining a divorce was far more difficult, and marriage offered not merely personal fulfillment but also well-defined social roles for men and for women. In their view, any government policy that appears to reward or even express neutrality toward what they consider to be immoral behavior whether providing birth control to young people, abortion services to women, welfare support for unwed mothers, or legal recognition of same-sex unions-inherently devalues the marital bond. Such policies take us one step closer, the argument goes, to a brave new world in which gender differences have been erased, sex is purely recreational, marriage is disposable, motherhood is an inconvenience, and civilization itself rests on shifting sands.

In this missive posted in his book Audacity of Hope, Barack Obama pretends to be reasonable by acknowledging the feelings of the opposition. He spends a chapter acknowledging the beauty of the Constitution, while dismissing it for something better, likely because of his status as a attorney that specializes in constitutional law. Instead, he talks around it as if to say, the Constitution is nice to study and a great document to thump on when you want to make a point, but it is a quaint tool of the past. Too bad the nation didn’t read his books before they voted him into office, not that it really matters anyway. John McCain, with ties to banking fraud, wasn’t a better choice, just a different one. Presidents have become cheerleaders of what sounds good while allowing Congress to pass predatory legislation without so much as a wimper. They have become complicit with the criminals that pretend to protect the nation.

Many politicians say that they see life as an issue of sexual behavior instead of the ability to maintain relationships, which government is loathe to do. It reinforces the negative instead of the good. It lies and distorts for the powerful and well-to-do. It favors mothers over fathers based on the timeworn models that it seeks to reject through the politics of empowerment. It has transferred this evil to divorced or rejected non-custodial parents. They are simply work horses that will sustain the children of the state as the elite look after their own interests.

“But all in all, I have little sympathy for those who would enlist the government in the task of enforcing sexual morality. Like most Americans, I consider decisions about sex, marriage, divorce, and childbearing to be highly personal-at the very core of our system of individual liberty. Where such personal decisions raise the prospect of significant harm to others-as is true with child abuse, incest, bigamy, domestic violence, or failure to pay child support-society has a right and duty to step in. (Those who believe in the personhood of the fetus would put abortion in this category.) Beyond that, I have no interest in seeing the president, Congress, or a government bureaucracy regulating what goes on in America’s bedrooms.

Moreover, I don’t believe we strengthen the family by bullying or coercing people into the relationships we think are best for them-or by punishing those who fail to meet our standards of sexual propriety. I want to encourage young people to show more reverence toward sex and intimacy, and I applaud parents, congregations, and community programs that transmit that message. But I’m not willing to consign a teenage girl to a lifetime of struggle because of lack of access to birth control. I want couples to understand the value of commitment and the sacrifices marriage entails. But I’m not willing to use the force of law to keep couples together regardless of their personal circumstances.” – (Audacity of Hope, Barack Obama, page 335)

No Mr. Obama, instead we bully them after the fact with law that only the most wealthy can manage. In the article “Deviance and Society in Child Support Law,” I detail how behavior has been stigmatized and grouped into types of addicted behavior. Politics ignores the truth about its’ role in the process as it seeks the “common good,” pretending to be above all matters of humanity. It treats single mothers and their children as wards of the state and celebrates its’ role in the matter. It treats fathers as workhorses, slaves which must forever pay for the mistakes of the relationship without due process and the standards that built the nation. Remember that these standards only apply to criminal law. The possibility of innocence only applies to criminals, but not to the non-custodial parent of children that the  government owns.

Family law has carefully been maintained as civil law, the law of lying ex-spouses and courthouse escapades, even though the non-custodial behavior has been criminalized in a world without the assurance of justice on any level. Judges can’t stand the irreverent carping of the ‘human trash’ they serve. Government has sanctioned the same predatory behavior in families and relationships that it holds as precious in its worldview of control. Manipulation has become the reality of all relationships, while soft words such a diversity and peace are espoused. They sell the virtues of sacrifice without possessing that virtue. Diversity and peace are the watchwords of society, as that society is gripped by social engineers that claim “common good.” We don’t need society. Government is the holder of punishment and shame.

You know the solution. Be a good slave, stay employed at all costs in the name of fear and don’t make waves- or face the consequences. Economics don’t matter, nor does unemployment. Good men and women know what they have to do. Playing into the system isn’t necessarily the best answer. Otherwise, there isn’t even the audacity of hope, the kind of hope that President Obama claims to live by.

Fair Child Support: The Audacity of Hope by E.J. Manning is licensed under a Creative Commons Attribution 3.0 Unported License.
Permissions beyond the scope of this license may be available at http://bradleyamendment.wordpress.com.

Government & Child Support: A World Full of Deadbeats

by Samuel Gaddie

Hurray for the world! The new 2011 JCAO Child Support Obligor list is online for all of the public to view. In Mike O’Connell’s comments on WLKY NEWS that was aired advertising the DEADBEAT DADS LIST, he actually stated that he did not care who it embarrassed. So much for serving the public. Now there is a question that I would like to address to the FINANCE and Administration Cabinet, COT, CHFS, DCBS, FAMILY of Income Support, OIG, OGC, OAG, Office of the Ombudsman, Office of Records Management, DSE, and the Jefferson County Attorney’s Office Child Support Enforcement and I don’t care who it embarrasses.

Am I the only one on this list that has been denied access to my PHI and accounting disclosures in KASES regarding the KRS 61 Kentucky Open Records Act with contract compliance in regards to the Kentucky Child Support Handbook pursuant to HIPAA Guidelines? This is unlikely. You would think that the support obligation would be posted to reflect true numbers that should match dollar for dollar according to KARS (Kentucky child support system). I have over one hundred ORR in regards to my CS-71.1 Kentucky Obligation Worksheet and I am informed that this document does not exist. This is in violation of KRS 205.712 (i)(j).

I have been found GUILTY of FLAGRANT NON-SUPPORT three times , the third time while my four children were at home waiting for their father to go on vacation for two weeks. I was incarcerated and my 4 CHILDREN were taken away from me. I Spent 4 Months in a work release program that took 25% of my wages, also $20.00 for arrears per week extra even though there is no support obligation even established according to the Kentucky Child Support Handbook? I have lost many good paying jobs because of a CS-73 INCOME WITHHOLDING ORDER threatening my employer. I’ve heard over one thousand times I need to get a lawyer. According to the Kentucky Child Support Handbook if I am denied this document, this constitutes (DISCRIMINATION) denial of due process and a right to a fair hearing.(Kentucky Child Support Handbook sec.6.000 Confidentiality and Safeguarding Records and 200 KAR 1:020 STATUTORY AUTHORITY KRS 61.876(3) NECESSITY, FUNCTION, and CONFORMITY.)

I requested an Administrative Hearing from the County Ombudsman Joe D. Leavell to be able to question the arrears by mistake or fact according to Administrative Regulations, but it never happened, 6 months later I submitted a CS-180 to a Sheila Blevins the Regional Manager for CHFS and was allowed a Hearing that was according to anything but KRS, KAR, and Court Orders. Lola Ewing was the Hearing Officer and evidence shows that she is an abomination to her profession. Both Sheila Blevins and Lola Ewing done nothing but deny Kentucky Open Records and a right to a fair hearing. Both of them repeatedly tell me that I am wrong,  stating that my PHI was confidential and she can deny me access. I’m very tired but the Commission needs to know that I am prepared for the long haul pertaining to this issue.

Is all the information online according to LAW just make believe? Am I the only one who can decipher proper interpretation of the Law? Compliance Officers are ignorant when it comes to interpretation of the law. Chip Ward of the Ombudsman’s Office (CHFS) tells me he reads every complaint that is entered into KASES (the computerized child support system) and it is recorded with my PHI, but it is all about interpretation of the Law. He ignored my pleas for help. There is a Child Support Specialist named Janice Taylor. Both Ward and Taylor  are ignorant and have no compassion providing services for CHFS and the Commonwealth. They are an abomination to the people they serve.

My case file can back up every word I am writing (Federal Case Registry IV-D #0001295436, OCSE Region VI, OCR Region VI #11-129842 (Miss Ivey Belton) KCHR complaint number that before it was closed #7063/#00818 by Miss Sherita Davis) are they are make believe to? Plain and simple, they like their comfort zone and are afraid to do their jobs. This is selfishness, even exploitation at the expense of others.

NCP/Right to Discover is a classic case of the “King Has No Clothes,” with big tears in my eyes I give a tribute to the author of the book. Everyone is entitled to a full and complete accounting statement since it is a free and public document. This isn’t happening. I have over four hundred E-Mails regarding this issue, the names reach from the Dept. of Revenue, Sarah E. Pence to JCAO, Joe D. Leavell the County Ombudsman, US Postal Mail Fraud, conspiracy to commit Fraud Malfeasance of contracting Agencies and Government employees, Kentucky Child Support Handbook sec. 5.000 ALLEGED FRAUD.

I have a signed Affidavit from the mother of my children, stating she had to borrow money from her mom and dad to feed my children and put a roof over their heads in 1994, went to work for Ford Motor Co. in 1993 she being recording testified to the Judge Honorable Patty Walker. Her Lawyer was her brother and he is now a Lawyer for the State. Why were they lying to the Court? This is considered Medicaid Fraud. I wonder where my CS-71.1 Obligation Worksheet went? Nobody is talking. They don’t want to rock the boat.

This issue has been going on three years now. Why in GODS name do I need a lawyer that will do nothing but take what little money I already have? Mr. O’Connell, I am not a deadbeat dad and you are not allowed to slander my good name, nor are you fit to. This O’Connell is a bully and a common criminal.  You owe everyone on this manufactured list a public apology and so does WLKY News. The fact is that when any user opens the KASES INTRODUCTION Screen it has a warning to the caseworkers from the IRS stating that this computer is a PHI computer used to monitor PHI and is owned by the Federal Government. If the computer system is used for anything else it constitutes a violation of the Title 18 U.S.C. sec. 1030, which is protected by the Federal Government. Nobody is paying attention because they have dollar signs in their eyes!

The right to your public health statement is clearly made in  the Kentucky Child Support Handbook Introduction section under Public Health. Kentucky citizens and likely many others are being denied access to their personal PHI. You should have never put my NAME on that list. I have nothing to hide. Can somebody prove me wrong? No, they continue to gloss over matters and pretend that they are within the LAW. Tell Miss Angela Anton I send my regards. I will not be sending anymore written correspondences to the office I have already sent to many regarding this issue. The fraud is outright, the deception continues… and you don’t know it unless you are reading this article.

Government & Child Support: A World Full of Deadbeats by Samuel Gaddie is licensed under a Creative Commons Attribution 3.0 Unported License.