A fugitive people within a nation is tyranny.

Posts tagged ‘judgment’

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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“Deadbeat Dad” Ordered Not To Have Children

daddyRight or wrong? Some say that creating more children is your God-given human right. But when you’re having a pile of kids with a bunch of women, that not only means you’re a walking STD time bomb, it also means that you’re irresponsible. A man in Wisconsin has fallen behind on his child support after having nine kids with six different women. This prompted the judge to tell the man that he cannot have anymore kids until he shows that he can provide for them.

Corey Curtis owes almost $100,000 in back child support, according to prosecutors in Racine, Wisconsin. Judge Tim Boyle told the highly fertile 44-year old man that he is disappointed that he doesn’t have the authority to order him sterilized, since he keeps having kids that he can’t and won’t take care of.

“Common sense dictates you shouldn’t have kids you can’t afford,” the judge said.

Assistant District Attorney Rebecca Sommers told the judge that he could do something to help keep Curtis from populating half the earth. She cited a 2001 case in the Wisconsin Supreme Court where the judge ruled that the defendant was not allowed to have children until he could prove that he was able to take care of them financially.

“I will make that a condition of the probation,” Boyle said. He then gave Curtis three years of probation. This means that if he has anymore children during his many nights of hot, random lovemaking with women who won’t make him wear a condom, he’s going to end up in jail.

“Judges, they make rulings,” Curtis said to WDJT-TV, “they make them kind of hastily. So, if that’s what he feels one of my conditions should be then I’m going to abide by it.”

The court ruled in the original case that the man’s Constitutional rights are not violated because he can still have kids as long as he pays child support. Some say that allowing judges to decide who can and cannot reproduce is a civil liberties problem. But others might say that Curtis, with nine children of his own, has done enough reproducing for a lifetime. This also fails to mention that his children are bound to suffer from the poor choices of their parents.

Find out more about the United Nations protocol for children and the Bradley Amendment on this website.

Are You A Victim of Exploitation?

Government Exploitation: Dads Are Dead Broke

Bradley Amendment Creates an American Subclass of Poverty

original article posted by Bo Watkin

Constitutional Violations and the Patriotic Man

by E. Manning

Truthfully, there is no such thing as a “little Constitutional violation”, as if a violation can really exist in degrees. The legislative and executive branches of our government have grown rather fond of creating their own rules as they go, creating new rules of order with legislative precedence and simple rationalizations in violation of all laws written previously, even the big ones. The Constitution and successive Amendments are simply ignored in the name of tolerance and judgment, while little unchecked constitutional violations grow to become blight that is considerably more rampant. Laws that are drafted aren’t considered in light of the Constitution, but rather from expedience and the playground of good intentions.

One could suppose that if one wanted to be picky, this country has operated outside the Constitution in a rather complete sense from 1776 to 1865, as the annals of national slavery have proved. Slavery worked out very well for millions in this nation. The problem is that this was accomplished with what effectively became a huge subclass of people. During the 1800s, an outside party of foreign-controlled central bankers worked on and off to put this country in their back pocket in a very unconstitutional way. They succeeded fully with the advent of the Federal Reserve in 1913. Yet, somehow the loss of freedom involved with Federal Reserve doesn’t seem too important or even very apparent. Yet, in both of these cases, a subclass of people is always being victimized by established authority whether you recognize them or not.

Just considering these two areas, the nation has only existed on a Constitutional basis for 48 years. However, that doesn’t include the myriad of other lapses, breaches and encumbrances too multitudinous to mention. The quantity could not be contained on this page. It’s almost like spitting into hurricane winds during Hurricane Katrina and few seem to care as long as they get what they want.

Americans can use a similar Constitutional debate with the Internal Revenue Service, government surveillance of citizens combined with other unwarranted surveillance and the creation of a subclass of citizens in the name of children’s rights and federal welfare. The Constitutional lip service by our presidential candidates is significant, notably by John McCain, but proves to be a mere attempt at placating citizens as the words roll off their tongues. When faced with real unconstitutional issues and provisions in this nation, duck and dodge is the order of the day. The presidential campaigns will discuss only what is considered to be most pressing and popular. Congress performs even more poorly. The approval rating of Congress is a mere 9% and they still remain in power to create more Constitutional subversion.

The two-party system in United States doesn’t really measure anything by the values of the Constitution. Perhaps the ACLU and other fine freedom organizations should suggest removing the Constitution and the Amendments in favor of something more workable so that the nation doesn’t continue as a nation of hypocrites. The real problem has been and continues to be accountability. However, as citizens of this fine country, ultimately and collectively, we are the decision makers whether politicians like the truth or not.

In what is supposed to be the nation’s most respected body, military servants are often cowed on both sides, by the authority of their superiors and the authority of law. A patriotic military man has few rights that he can count on other than those he can find. Economically speaking, the military is still the best way to get out of a life of abject poverty and build a better life. What’s more, if you want to live life on the edge of adventure, it can be argued that there is no better place. The military is one place to truly learn the lessons of life.

Drawing men into the military continues to be a challenge. Many men are not entirely ignorant to the problems in the military. They have learned that patriotism is not rewarded, at least not if they are married. When they join the military, the chances are better than 50% that they will end up divorced, with a huge child support debt and in a jail cell on criminal federal child support charges. While this and other statistics can be contested, established fact dictates that government statistics are often skewed and highly arguable. Since the military is a cross-section of the nation and military marriages are under much higher pressure than average, no less than the national average in this area of statistics is acceptable.

Easy divorce provisions, child support entitlements and the inequities of law chronically mistreat men and patriotic men alike. This is a fact that is often downplayed, notably by feminist society and government sources. A gold-digger can marry a military man for one day to take a nice chunk of support when the divorce is final. The argument can be made that military men are not wealthy. That isn’t the point. The gold-digger can dig for gold at the military till without limit, developing a means of self-support through the bearing of children. While this is reprehensible, even more so in the military, it is not entirely uncommon. What is worse, this is often done when the man is on the other side of the world defending and serving the country. The little woman can do as she pleases while the husband pays in spades. The cash comes from his military pay, but if not, it will come out of his patriotic hide when he returns home via the godless Bradley Amendment. Notable are the proved cases where child support is no longer collected by the military and when the ex-husband returns from the hands of the enemy, terrorists or similar circumstances, he is faced with prison at home for non-payment of child support. The decision of a man or woman to stop paying child support after he or she has returned home is not in the direct scope of this commentary.

The man on duty overseas can be hit with a surprise divorce by the little woman, lose every worldly thing he owns while being victimized by a temporary child support order that has little to do with real income. While any child-support is based on income in the beginning, but the reality of income can change quickly based on a large variety of scenarios. The division of real property while the patriotic man is overseas is entirely dependent on the decision of the judge combined with immediate pull of legal strings. The system never automatically address the payment issues after the initial court order beyond the concerns of collection. The burden “of proof” is on the non-custodial parent, yes even the patriotic man, a direct violation of Constitutional Law within itself. He is guilty until proved innocent. As a result, a man can end up owing more in support than he makes and there isn’t a thing that the patriotic man can do. A patriotic man has little help from authorities as they collude to solve their common “problem”. Getting a support modification can be next to impossible in the States, but a modification isn’t any easier in Afghanistan or Iraq. This is a sad fact, not the stuff of fiction.

The authorities have decided that since the patriotic man volunteered to go into service, he bears full responsibility. This is the government position. The patriotic man won’t get a better shake in a system that is designed by default to work in the favor of women and children only. There is no excuse for non-payment of any kind and rights to see children are virtually non-existent, even though decrees are carefully worded to have you believe otherwise. The patriotic man quickly becomes a felon, often without knowing. Strangely, neither the Feds nor the States have taken any action to alleviate the problem of the patriotic man. It’s all about personal responsibility, even if dad is working behind-the-scenes as a Navy SEAL or held prisoner by terrorist factions and presumed missing.

The Bradley Amendment that cements all of this abuse in place violates the Constitution on so many counts that there is no excuse. Yet, feminists and surrogate lawmakers in the 1990s, with the help of George Bush, Sr. and the Clinton Administration brought the debacle together in grand style in the name of welfare reform. The reform has never worked other than to enlarge the size of big government.

Every taxpayer knows that taxes change based on income that is easily proved. If you are employed, the Internal Revenue Service often knows as much about you as you do. Why shouldn’t child and spousal support adjust in the same way? Yet, because of a court order that often cannot be corrected, millions of men and women have become a subclass society of America. There is no justification for treating a divorced man or woman differently from a married one through the violation of Constitutional Rights. Support that is garnered should be against actual income and resources, not figures from a court order at a previous point in time. The impoverished or sequestered have lost the ability to defend themselves and there is little interest in change. There is no forgiveness for the patriotic man, much less the working men of America. The Congress doesn’t concern itself with emergency legislation for patriotic misfits, much less a subclass of American jurisprudence.

As long as the government system is fat and happy combined with a subdued and appeased class of women, even presidential candidates could care less. All presidential candidates have ignored the plight of oppressed non-custodial parents because of fear. In the meantime, men and women continue to be looted without regard, the patriotic man even more so. Soldiers are even being charged for their own equipment, as the patriotic man continues to burn his candle at both ends in the name of God and country, for the honor of the land of the free and home of the brave. The “pressure” of personal responsibility and sacrifice never ends while the authorities take the profits home and use them as they please.

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