A fugitive people within a nation is tyranny.

Posts tagged ‘privacy law’

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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Some Parents Want to Misuse IRS Data

Parents of missing children and the child rights lobby are calling on the IRS to change its privacy laws regarding federal income tax returns. Apparently some parties claim that IRS laws are blocking data that could be helpful in tracking down thousands of missing children in the U.S. At least that is the angle they are using. Do you actually believe it?

Current privacy laws contain exceptions which allow the IRS to relinquish taxpayer information in child support cases. This is less accommodating in domestic disputes, which is a good way to protect private information that should be protected. The child support terror lobby doesn’t see it that way.

“It’s one of those areas where you would hope that common sense would prevail,” says Ernie Allen, president of the National Center for Missing and Exploited Children. “We are talking about people who are fugitives, who have criminal warrants against them. And children who are at risk.” That all of this only affects fugitives and those with criminal warrants is completely in error, a straw man.

Under current law, a judge’s order is required to release the information. This is totally reasonable. However, advocates and parents of missing children hope for legislative changes in the future.

On average the IRS receives over 200,000 requests for this information annually, mostly by estranged spouses and abductors using false identities. The stand of any sensible American is that estranged spouses and abductors using false identities have no right to the private information of others for any reason. The consent of a judge for private information makes perfect sense.

The validation for this invasive conduct is that a third of the missing children allegedly show up on tax returns. This says nothing about the two-thirds of other tax returns that have no useful information in this regard. Are the IRS and the Federal government of the United States going to sell out private information without the approval a judge when an alleged 33% of tax returns contain information that might be useful? Where is the common sense in that Mr. Ernie Allen, president of the National Center for Missing and Exploited Children? The children rights lobby is on the march to steal more rights in the name of ‘common sense’ and children.

Americans have already given up enough of their Constitutional rights under the notion that children would be helped. This notion that children must be supported and assisted at all costs has steadily eroded the rights of Americans and even the well-being of the American family.

It’s time to write your lawmaker once again or reap the consequences of your apathy!

 

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