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.”
What 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.
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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