A fugitive people within a nation is tyranny.

Posts tagged ‘suspension’

Data Shows NJ Child Support Administrators Lied To Lawmakers About Effectiveness Of Collections

child support shacklesA law suit challenging New Jersey’s automatic suspension of driver’s licenses for child support arrears says that the Division of Family Development misled lawmakers to convince them that the program is a success.

The Department of Human Services, Division of Family Development (DFD) administers the child support computer system. In reports to the Legislature from 2006-08, the DFD said an average of $33 million in additional child support was collected annually under a program which provides for automatic suspensions of driver’s licenses. They said, on average, they collected of $1,737 per suspension.

However, changes to the child support computer system which allowed for more accurate tracking, show that from 2010 through 2014 the state averaged each year about 20,000 suspensions and collected only $5.3 million or an average of $259 per license suspension, according to reports obtained through discovery.

Rather than reconciling the 600% inflation of the numbers, annual reports on the progress of the license suspension program mysteriously stopped. From 2009 through 2013 no reports exist and in 2014 the drastically lower numbers were noted as due to a “change in data collection.”

The New Jersey Child Support Program Improvement Act, signed into law in 1998, requires annual reports to the Legislature about the program’s operation. [“Child Support: Is Losing Your License Legal?“, “Oppressive Government: Licenses & Child Support“]

In Kavadas v. Martinez, a law suit challenging the state’s practice of suspending driver’s licenses without conducting a hearing for nonpayment of child support, David Perry Davis, a New Jersey lawyer who represents the plaintiffs says the suspension of a driver’s license in such cases is “self-defeating” because it may prevent a parent from going to work, applying for jobs or seeing his or her children. [“American Poverty: An American Criminal Subclass“, “Unemployment, Child Support & Bradley Law“]

Davis also stresses the point that there is no way to determine what collections are attributable to license suspensions when they occur automatically upon the issuance of an arrest warrant. “Obviously, an arrested obligor’s interest is in getting out of jail – the idea that they are more motivated to do this because their license has been suspended is absurd,” Davis told the Bergen Dispatch.

In essence, the Division of Family Development claims that 100% of the money collected as a result of an arrest warrant is due solely to the automatic suspension of a driver’s license and arrests and incarceration have no impact on the money collected by the state.

“The suit does not seek to stop the suspension of driver’s licenses to force parties to pay child support, instead it attempts to limit the practice to cases where a hearing is conducted and a judge determines that it would be appropriate,” Davis said. The suit claims that the state’s practice of automatic suspensions is “unconstitutional and is contrary to the intent of the Legislature.”

“The 2014 Report still dramatically misrepresents the process, failing to inform the legislature that 99.429% of suspensions are done without a contemporaneous hearing,” Davis added.

Named as defendants in the suit are Raymond Martinez, chief administrator of the New Jersey Motor Vehicle Commission; the State of New Jersey; the Motor Vehicle Commission; acting Attorney General John Hoffman; and Natasha Johnson, director of the Office of Child Support Services in the state Department of Human Services.

The program stems from a 1996 federal law requiring states to toughen their child support procedures in order to qualify for certain types of federal aid. The federal Personal Responsibility Work Opportunity Reconciliation Act of 1996 (PRWORA) called for states to develop legislation to increase ways in which compliance with child support orders could be increased.

PRWORA also requires New Jersey residents receiving benefits under Temporary Assistance for Needy Families (TANF) to sign over any right to child support to their respective County. In those cases, monies collected through child support enforcement are used to reimburse the counties for TANF benefits and do not go directly to the families.

The 2014 report states, “Clearly the implementation of this program has positively impacted families that rely upon receiving support and, as an indirect benefit, has resulted in an additional revenue stream for the Motor Vehicle Commission.”

In order for a suspended license to be restored the Motor Vehicle Commission charges a $100 restoration fee.

In state fiscal year 2014 a total of 20,498 drivers’ licenses were suspended under the program, resulting in support collections of $4,333,543 or just $211 per suspension – plus $2,049,800 in additional fees to the MVC.

According to the Department of Human Services, Division of Family Development, on average, there are about 35,000 active child support warrants at any given time.

original article at Bergen Dispatch

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Texas Can’t Get It Together: Tech Contractors Dismissed

The Federal Government has cut off funding for a massive and long-troubled project aimed at upgrading the system by which Texans make child-support payments. Federal funding makes up two-thirds of the project’s budget. The lifting of the funding freeze is contingent on the state submitting a Corrective Action Plan and updated project schedule that is acceptable to federal officials. Texas Attorney General Ken Paxton has dismissed 11 technology contractors amid delays in upgrading the state’s child-support data system.

The shakeup of this white elephant comes as state House members are set to begin an investigation into how the costs for a project known as T2 climbed to $310 million. Initial estimates said the project would cost just over $202 million. The project was intended to streamline the data system used to process child-support payments and support investigations.

The dismissals come after reports of failures by state officials and vendor, Accenture, to deliver promised work on time. A spokes for the company said that Accenture is receiving only $79 million and has won multiple awards for its work.

The project started in 2009. The child support division at the attorney general’s office handles more than 1.5 million cases and collects more than $3.5 billion per year, but relies on paper case files, lacks real-time data, is difficult to research, and requires time-consuming workarounds without any centralized security infrastructure to manage access to information.

Hurting for money

The child-support project has drawn criticism because it employs 100 people based in India (getting around US employment law and wages). Paxton’s office said it was hopeful but somewhat uncertain about the future.

“We are currently seeking clarification with (federal officials) regarding the scope and duration of the temporary suspension,” Wise said, “and we anticipate (they’ll) review our responses and release the suspension as soon as they possibly can.”

Texas Plays Dumb

While the future of the eight-year, $310 million project is in the air, the Attorney General’s office insisted it was “nearly finished” with the Corrective Action Plan. It claims to be working with federal officials and the contractor chosen to lead the effort. Paxton was clueless as to why the project was costing more than expected.

The issues have ballooned the costs by more than 50 percent, from an initial estimate of $203 million to the current estimate of $310 million. The project is now expected to have completion delayed in 2017.

Although cost-overruns are not infrequent in state government, the project has drawn special scrutiny because of its size, the nature of the work and the contractor, Accenture, which has had a series of blunders on other major technology contracts. Bad choice Texas – all at taxpayer expense. There’s a saying: “Fool me once, shame on you. Fool me twice, shame on me.”

NJ Lawsuit: No Automatic License Suspensions Over Child Support

NJ driverA new class action lawsuit seeks to end the automatic suspensions of driver’s license held by parents in New Jersey who are behind on child support payments. The lawsuit seeks to limit when suspensions would be allowed.

The suit filed last Friday claims that such suspensions are unconstitutional, contrary to the “clearly expressed legislative intent” and “obviously counter-productive.” It was filed in state Superior Court by David Perry Davis, a Pennington-based attorney, and names four plaintiffs who have had their licenses suspended.

kangaroo courtThe attorney that filed the lawsuit called the license suspensions “absurdly self-defeating,” noting that policy and statute can block parents from going to work, applying for jobs, or seeing their children.” “It doesn’t make sense. The idea that automatically suspending someone’s driver’s license because he is in arrears will force him to pay child support is an example of a well-intentioned, but not well thought-out law.”

The suit wants judges only to suspend a delinquent payer’s license only as a last resort, not as required punishment. “Judges should have this as an option, but only if the facts of a case justify it.”

The suit names Raymond Martinez, chief administrator of the New Jersey Motor Vehicle Commission, state Acting Attorney General John Jay Hoffman and Director of the New Jersey Division of Family Development as defendants. A hearing on a preliminary injunction should be held in the next 10 days.  In typical fashion, these ‘authorities’ refuse comment, noting they don’t publicly discuss ongoing litigation.

New Jersey is the only state in the country that imposes an immediate draconian penalty on motorists. According to Attorney Davis, most states suspend an average of 250 licenses annually, but nearly 20,500 licenses were suspended in New Jersey last year. Of the licenses in New Jersey, 99.5 percent of those licenses were suspended without a hearing being convened. That defies due process rights.

Oppressive Government: Licenses & Child Support

by E.J. Manning

moneyTo receive federal grants, each state must require license suspension as a penalty for failure to pay child support. Most states have been on board with this policy since around 2007. Under Title IV-D of the Social Security Act, states are required to pass laws that “withhold or suspend, or to restrict the use of driver’s licenses, professional and occupational licenses, and recreational and sporting licenses” of delinquent child support debtors. In Texas alone the license-suspension statute includes fifty-six state agencies responsible for issuing a variety of licenses: appraisers, vets, chiropractors, plumbers, air conditioning and pest control specialists, as well as hunting and fishing licenses.

The purpose of this exploitative tyranny is to drive fear into your soul, to make you crawl on glass, to humiliate you, to make you a butt-kisser. Clearly, the suspension of a citizen’s drivers license is a bad idea where continuing to make an income is concerned. Revoking licenses also give the  government too much control over individual liberties. While it may drive fear and compliance into the hearts of some, most commonly, it  makes a bad situation worse. It has the consequence of making oppressed persons angry and more resentful of the government and of the ex spousal relationship.  The oppressed person may withdraw and become themselves from society, becoming less compliant and even enraged. The oppressed may become part of an underground workforce as they continue to drive at risk with a suspended license, that is, if they can work. Certainly, an attitude that leans towards outrage is the most common reality versus obsequious compliance.

These laws have unintended consequences on decent people that work hard, those that are struggling to get by in a dead economy, or those that need their money the most, the disabled. Many that are able-bodied may begin job hopping because they cannot survive on a small amount left for them in their paycheck. Many times, child support oppression prevents them from catching up entirely, and they become part of a spiraling negative cycle, unable to work their way out. You may be labeled as a liar. Those that are able take a job in another country sometimes do so. Of course, once you leave, you won’t be able to return until you pay your debt. For those that have a passport, the system is only too willing to confiscate your passport in the hope of controlling you. The politicians of the past and the present have a built an insurmountable wall of class oppression for divorced parents.The state disregards any and all personal circumstances, labeling you as a deadbeat. They make no effort to examine the circumstance in your individual situation. If you are behind on your support “you are a liar and a deadbeat.” The government is so concerned about child’s support, they are unaware that they are hurting the child by oppressing the non-custodial parent and reducing his or her integrity. The custodial parent and government insinuate that the other parent is a deadbeat, which damages the child further for life. As far as licenses go, when you get behind again the system will take your license again at their will, often without telling you for months. Do you think that is right? Isn’t that fraud?

Making an agreement with prompt and effective communication doesn’t ensure success. You can be in full communication with the state office with a planned payment for getting caught up, and they take your license anyway. Many times, you are notified after the fact, and three weeks late by mail with a fifteen or twenty day appeal period based on the date of the letter. When the state mails the letter three weeks late, you are denied due process under the law. That is mail fraud as well. This is illegal, but that is not their concern. Deadbeats are worthless. The wheels of the system keep turning like a rusty axle. The system has “authority.” What is my advice to you. You are better off not stressing yourself out by taking their phone calls because the end result being positive is unlikely. This creates a further rift between the oppressed and the tyrannical oppressor, who could be nothing more than a poorly-paid state employee that cares little about their honesty and has a big chip on their shoulder that is probably larger than yours.

It’s a big power trip. The government doesn’t really care about the child, the mother or the father, whether the non-custodial parents are employed, or whether they live at all. All is assumed. Of course, most of you probably know this. All said, a woman can flip out just as easily as a man from the pressure induced by non-caring people and government entities seek to oppress. Ultimately, the system will be rewarded with destruction because oppression doesn’t last forever. That is history.

Finally on your credit record, your license suspension may show up without explanation, which may affect your ability to get insurance.  You may be required to pay more for insurance because of a credit bureau report while the system seeks to rob you of more than you could possibly afford. This affects your credit score, which impacts your ability to borrow to pay child support or for any other purpose. How does making a nation full of enraged men (and women) fulfill the purpose of the country? That is for you to decide. We have become a nation of petty people that satisfy ourselves through the exploitation of others. At least the people that are part of the occupy Wall Street movement are making a noise and working for change through public protest. Oppressed men and women that are under the thumb the Bradley Amendment just hold it in and keep on taking it when we need to fight for fair government and due process under the law as minimum standards. If you have a story or want to share your testimony, just post it here. Giving us your take is completely free.

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Oppressive Government: Licenses & Child Support by E.J. Manning is licensed under a Creative Commons Attribution 3.0 Unported License.
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