A fugitive people within a nation is tyranny.

Posts tagged ‘obligation’

Child Support Lacks Accountability

burning the constitutionDiscrimination [against non-custodial parents] is rationalized for the same reason that slaves, ethnic minorities and women were oppressed in an earlier era: free labor and arbitrary empowerment. Unlike dictatorial regimes, however, our government has perfected this oppression through legislative propaganda, which exploits the child into a multi-billion dollar industry, fleecing parents of finite resources and discouraging income productivity.

Quotes and sound bites to a vast audience unfamiliar with a complex case could not hope to overcome decades of stereotypes and draconian laws designed to perpetuate this child control industry. My best hope, therefore, existed in a news conference at my home where genuine child support could be observed first hand. A father’s mortgage, taxes, play areas and holiday enjoyment are a father’s child support, made impossible when a third of income goes to taxes, and another third to a support collection unit.

My point continues to be this: a self-sufficient father has the same right to enjoy a family unit as a self-sufficient mother. An American form of government encourages each to grow those units. Under the current socialist form, I nevertheless satisfied years of one-sided obligations until they were abused without any child payments in return. This showed not only that I was a responsible parent, but prepared to commit my career to enforce God given rights to raise my children.

Unlike the 1950s, a vast majority of today’s parents are raising their children in separate households. If we can bus 5-year-olds to school, we can certainly allow fathers in the same communities to enjoy equal time with their offspring. Such logic, however, would negate the need for lawyers and child support transfers as the engine behind federal grants and collection unit interest revenues to a dysfunctional state government.

In short, the privacy right which I have been compelled to secure through the courts is a meaningful father-child relationship free from joint power abuses by the state and a superior creature of law known as the “custodial parent.” It may be analogized to the woman’s privacy right established in Roe v Wade.

For those still clinging to the current antiquated system, however, child support is a welfare payment because it lacks accountability. Abuses such as drug or gambling addictions, lawyer-generated controversies, partner support, income destruction and father replacement agendas are highly disguised in our overburdened courts. Still unanswered by my government is how I am supposed to raise my children without a 23-year law license.

Leon Koziol is a Utica attorney. On Feb. 11, the state Supreme Court’s Appellate Division suspended his law license because he has not made child support payments for his two children.

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The American Expatriot Primer

indigent in AmericaA growing number of Americans are frustrated with the way in which their economy has been managed and are becoming increasingly concerned about future measures the government may take to keep its coffers full.

A question that is arising with increasing frequency is: does expatraition offer a viable protection to those concerned about a more financially-intrusive US system?

The answer is ‘yes’, it does offer a completely legal solution for ending your obligation to pay US income, capital gains, and gift taxes on your worldwide income. But it is certainly not for everyone and should only be pursued after lengthy and diligent consideration.

And before you begin dreaming of a tax-free future, you should realize that the United States imposes taxes on a broader basis than any other country. The United States is one of two countries, and is the only major country, that imposes significant income, capital gains, gift, and estate taxes on its non-resident citizens.

In virtually all other countries, individuals end their liability to pay income tax after a sustained period of non-residence, generally one year or longer. But to legally and permanently end U.S. tax liability on their worldwide income, U.S. citizens must also give up their U.S. citizenship and passport. This process is called “expatriation.”

Yes, it’s a radical step. However, if you’re a U.S. citizen, you can make nearly all of the preparations for a possible future expatriation without permanently leaving the United States. This is a four-step process:

Phase 1. Relocate your assets from the United States to other jurisdictions, preferably where the assets won’t be taxed.
Phase 2. Identify foreign countries where you would consider living,
Phase 3. Obtain a suitable second passport
Phase 4. Expatriate – give up your U.S. citizenship and passport

Once you’ve accomplished the first three phases, summarized here in Part I of this report, the final step – expatriation – is much easier than if you’re starting from scratch. Part II of this report describes the expatriation process.

Are you a good candidate for expatriation? You are, if:

You are comfortable living outside the United States, or are already doing so-
Your spouse and children are comfortable living outside the United States, or are already doing so; and
You have already or are capable of shifting the majority of your income and assets outside the United States.

Phase 1: Relocate Your Assets Outside the United States

decisions about wealth and lifestyleWith a few exceptions, the IRC imposes taxes on both U.S. source income and foreign source income of U.S. citizens. Non-resident, non-U.S. citizens (also known as “non-resident aliens”) pay tax only on U.S. source income, although some U.S. sources of income (e.g., most capital gains) are tax-free.

To prepare for this more favorable tax treatment in anticipation of expatriation, begin moving liquid assets outside the United States to more tax-friendly jurisdictions. Begin selling assets that can’t be relocated (e.g., real estate) so that you may reinvest the proceeds overseas.

Invest only in countries and investments with which you are comfortable. If you are accustomed to buying and selling U.S. securities, consider using offshore bank or brokerage accounts to target non-U.S. securities. If you are an experienced real estate investor, investigate real estate purchases outside the United States. Keep in mind that a targeted investment or real estate purchase may also qualify you for legal residence in some countries (Phase 2) or even a second passport (Phase 3). If you have substantial domestic investments in precious metals, consider moving the metals offshore.

The vast majority of foreign banks and brokerages now refuse to accept new U.S. citizen clients, especially U.S. citizens resident in the United States. However, banks and brokerages in a handful of countries still accept new U.S. citizen and resident clients and allow them to purchase non-U.S. securities. A few banks in Austria, the Bahamas, Hong Kong, Liechtenstein, Singapore, and Switzerland are suitable for this purpose. The minimum deposits in these banks start at $100,000. Minimum deposits in offshore brokerages start around $5,000. Fees are much higher for banking services and securities trading than in the United States.

Both the accounts you hold offshore and the income derived from them must be reported to U.S. authorities. The penalties for failing to make these disclosures are draconian. Consult with an expert familiar with the tax and reporting rules for international investments when you file your annual tax return.

Offshore real estate is a non-reportable asset for U.S. investors if owned individually or jointly with your spouse or other individuals. Income or gain from foreign real estate investment is reportable and taxable. Countries offering first-world infrastructure and where real estate is relatively affordable include Argentina, Australia, Canada, Chile, Ireland, Mexico, New Zealand, Panama, Spain, and Uruguay.

Numerous potential “land mines” exist in offshore real estate investments. Among them are the lack of a multiple listing service in many countries, difficulty in establishing good title, and legal provisions giving squatters the right to live on your property. Retain a knowledgeable real estate attorney in the country in which you purchase real estate to avoid problems.

You may transport precious metals you own in the United States to another country and store the metals in a safety deposit box, bank vault, or private vault. One option for doing so is to use a secure shipping service. Make certain the service not only promises secure transport but also assists with completing non-U.S. customs and tax declarations. Another option to transport precious metals out of the United States is a like-kind exchange under Sec. 1031 of the IRC. If you move the metals yourself, the best option can be to hire an import agent in the country to which you’re taking them to handle the import formalities. You will generally post a bond through the agent covering taxes due (if any) plus the agent’s fee.

Phase 2: Identify Foreign Countries Where You Would Consider Living

big life decisionsOnce you give up U.S. citizenship and passport, you no longer have the right to live in the United States. You may generally make brief visits, but in most cases, you won’t be able to stay more than approximately four months annually without becoming subject to U.S. tax on your worldwide income based on the IRC’s “deemed residence” rules discussed in Part II of this report. Finding another country to live in is therefore an essential part of any expatriation exit strategy.

Even if you have no plan currently to leave the United States permanently, finding a country that you may wish to relocate to in the future is a prudent safeguard. If economic or political conditions deteriorate in the United States and reach your personal breaking point, having legal residence in a suitable offshore jurisdiction provides a valuable “insurance policy.”

If you merely want the right to live in another country in the form of a residence permit, but don’t necessary want to be physically resident there, a number of countries can accommodate your needs. These include Belize, Costa Rica, Malta, Mexico, the Dutch Caribbean territories, and Panama. In most cases, you can qualify for residence (although not the right to work in the country) by either making an investment or demonstrating a minimum guaranteed pension payment. Residence rights may be purchased in some countries by making an investment of $80,000 or more in real estate or other assets. A guaranteed pension payment of $1,000 or more may also qualify you for residence. In other countries, you may need to qualify on a points system. Some countries have multiple programs to consider.

Phase 3: Obtain a Suitable Second Passport

To end your responsibility to comply with U.S. tax and reporting obligations, you must give up your U.S. citizenship and passport. Without a second nationality in place and passport in hand, however, giving up your U.S. passport would render you a “stateless person.” Avoid this status, as it makes it difficult or impossible to legally live or travel internationally.

A second passport also conveys numerous other benefits:

It gives you the right to reside in the country that issued the passport, and possibly other countries. For instance, a passport from a member of the European Union conveys the right to live and work in any other EU country.
It gives you a way to travel internationally if your primary passport is lost or stolen, or if the issuing government confiscates or refuses to renew it.
It provides you with the opportunity to travel to countries blacklisted by the government that issued your primary passport. For U.S. citizens, this includes countries such as Cuba, North Korea, etc.
It avoids disclosing your primary nationality, should you ever need to keep that a secret. This can be useful if you’re ever confronted by militants who oppose the government that issued your primary passport.

You may qualify for a second citizenship and passport by ancestry, marriage, religion, or extended residence in another country. If not, a handful of countries offer “instant” citizenship in return for an investment or contribution. The Commonwealth of Dominica and the Federation of St. Kitts & Nevis are the only countries with an official, legally mandated, economic citizenship. (Note: Dominica and the Dominican Republic are different countries.)

Dominica is the least expensive option. The nationality law of Dominica authorizes the government to waive the normal requirement of seven years of legal residence to acquire citizenship in exchange for a cash contribution. Total costs including all fees for a single applicant come to about $105,000. Add $25,000 for your spouse and up to two children under 18. The Dominican passport holders can travel without a visa, or obtain a visa upon entry, to nearly 90 countries and territories.

The Federation of St. Kitts & Nevis offers two options to obtain economic citizenship. One option is to make a direct contribution to a charitable foundation set up to support displaced sugar workers: the Sugar Industry Diversification Foundation (SIDF). Total costs including all fees for a single applicant under this option come to about $285,000 or $335,000 for an applicant with up to three dependents.

The second option is to purchase “qualifying property” with a minimum investment of $400,000. Fees and closing costs add a minimum of $100,000. Total costs for a single applicant come to at least $500,000 and close to $600,000 for a family of four. The St. Kitts & Nevis passport provides visa-free entry, or visa upon entry, to more than 120 countries, including nearly all of the 27 member countries of the European Union.

In all cases, applicants must pass a strict vetting process that includes a comprehensive criminal background check.

Bogus second citizenship offerings abound. In recent years, I have received offers to purchase passports from Costa Rica, Nicaragua, the Dominican Republic, Ireland, and Lithuania, among other countries. Some of these offers are outright scams. Others involve illegally purchased or stolen documents. Even if you succeed in obtaining a passport on this basis, it may be revoked at any time and you could be subject to arrest and/or deportation.

Conclusion

Once you’ve completed Phases 1, 2, and 3 of your four-step plan to disconnect from the United States, you’re ready for Phase 4: expatriation. While you may never take the final step of giving up your U.S. citizenship and passport, taking the preparations summarized so far at least gives you that option.

Mark Nestmann is a journalist with more than 20 years of investigative experience and is a charter member of The Sovereign Society’s Council of Experts. He has authored over a dozen books and many additional reports on wealth preservation, privacy and offshore investing. Mark serves as president of his own international consulting firm, The Nestmann Group, Ltd. The Nestmann Group provides international wealth preservation services for high-net worth individuals. Mark is an Associate Member of the American Bar Association (member of subcommittee on Foreign Activities of U.S. Taxpayers, Committee on Taxation) and member of the Society of Professional Journalists. In 2005, he was awarded a Masters of Laws (LL.M) degree in international tax law at the Vienna (Austria) University of Economics and Business Administration.

Copyright © 2012 Chris Martenson

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.

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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Unemployment: Child Support Time Bomb

America is facing a crisis as a record number of unemployed non-custodial parents face the reality of the system enforced by the Bradley Amendment.

Unemployment: Child Support Time Bomb on Associated Content

homeless

We have supplied basic tools and links on this website to help you contact lawmakers and more information regarding child support and the law, whatever that may be.

Dads and Judicial Prejudice

According to a recent California Department of Child Support Services report, one of the leading factors creating “deadbeat dads” in California is that fathers who owe child support are rarely able to get downward modifications on their child support when they suffer drops in income.

According to an Urban Institute study, less than one in 20 non-custodial parents who suffers a substantial drop in income is able to get courts to reduce the support obligation. In the words of one California judge: “I don’t care if you live under a highway underpass in the meantime, just pay your support as ordered.”

A Los Angeles Superior Court judge just lowered actress Anne Heche’s child support obligation by 75% because Heche says she has fallen on financial hard times. In addition, she was recently relieved of paying child support for July.

The judge may well have acted correctly in this case, but the question must be asked, “If Heche can get a huge reduction so easily, why is it so hard for fathers in similar circumstances to get reductions?” Does the judge cutting some slack have something to do with Heche being a high profile person?

Clasp and Debtor's Prison

This paper describes the types of criminal financial sanctions levied against people as they make their way through the criminal justice system and the child support policies that lead to unrealistic and counterproductive payment obligations.

Clearinghouse Review Journal Article 1/2008 (pdf file) – click to view online

…then click on document link to view online.

USA Poverty Law & Policy

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