A fugitive people within a nation is tyranny.

Posts tagged ‘Family Court judge’

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.

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Single Mothers Often the Chief Child Abuser

by Jim Hays

stress single motherNY District Attorney Kate Hogan states, “Often, the most serious cases occur at the hands of men who have no biological and emotional connection to a child, many times the child’s mother’s boyfriend.”

Unfortunately, this quote is taken out of context, for it fails to identify who abuses and neglects children most, the family makeup and relationship to the child, and how these children end up under the hand of the single mother and mother’s boyfriend. So let’s look at the whole story.

The 2010 Fourth National Incidence Study of Child Abuse and Neglect (NIS-4) once again shows the greatest incidence of child abuse and neglect is perpetrated by “single” mothers (not living with the biological father), followed by abuse and neglect caused by live-in boyfriends.

The NIS-4 executive summary states “Children living with their married biological parents universally had the lowest rate, whereas those living with a single parent who had a cohabiting partner in the household had the highest rate in all maltreatment categories.”

While the study speaks of single parents, we have a default mother custody rate of more than 85 percent in our family courts in this nation, including here in New York state. So it is single-mother homes with a live-in boyfriend where we have the highest threat of abuse and neglect for children.

Before we can blame the sex of the parent in these single-parent homes, we need to look at how we got so many single mothers with boyfriend homes in the first place. And here, the fact of the matter is that it is the biases of Family Court judges to award sole custody to the mother in more than 85 percent of cases, which removes the parental rights of the father without cause, limits the fathers access to minimal times, and provides no enforcement for interference with the father’s access to his children by the mother or others.

The No. 1 reason a father doesn’t spend more time with his children is the limitations of a court order. No. 2 two is prevention of access by the mother, 50 percent of whom admit to interfering with the father’s access with impunity. This is combined with a system that ignores and dismisses the complaints of a father about abuse or neglect of his child as vindictive before a proper investigation of the facts.

If we look at the best situation for children, we see that not only do children having married biological parents in the home have the lowest abuse and neglect rates, this is followed by unmarried biological parents and then children with biological parents living apart but involved (caparisoning or shared parenting).

Inversely, single mother with mother’s boyfriends and then single-parent homes have the most abuse and neglect of children.

So it is easy to see that in speaking about healthy outcomes of children, DA Hogan is off the mark.

If she wants to do something to protect children, she and her fellow DAs could enforce violations of custody orders just like protection orders and child support orders, with criminal charges for blatant violators.

Then, I suggest she get the book written by the late David Levy of the Children’s Rights Council which summed up the solution to negative child outcomes in the title: “The Best Parent is BOTH Parents.”

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