This is the Title IV-D beast which provides incentives for our courts to give one parent full custody and deprive the other parent of their equal custodial timeshare. Remember that child support orders are based on a parent’s custodial timeshare. The less time one parent has custody of their child, the more child support he/she has to pay which translates into nearly a half a billion dollars per state per year. This is the bill we need to repeal if we are ever going to achieve the reform we are seeking in our family courts nationwide.
Here is a link to the Social Security Administration website that explains how money is divided up between the states to add incentive to collect child support.
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Clearly career criminals our profiting off of families suffering. Speaking on my behalf I was ran out of two jobs in 2002 and till this day I am unable to work on the books without 80 to 85 garnishment form my earnings. To top this off I was sentenced to four months in jail for not complying. Even a more devastating blow is the mother took off with our daughter and I don’t kn where she is but I suspect she’s in Virginia. Oh this is not the first time either back in 02 or so the mother left to Seattle Washington on a three day notice and Judge Hanuszeck said it was perfectly legal. So in a nutshell I have been tortured while being incarcerated,my family left without a father and my oldest daughter has been kidnapped. Now the mother can play the game by phone but I am not going to play yes I will have to be arrested,tortured etc and even then I will not comply.
This is all part of the Title IV of the social security act “welfare programs”. Usually in welfare programs there is an income level that must be met to get government assistance. We can make a big impact in the amount of federal funds the states can get if we remove the middle class and wealthy from the federal funding stream of child support incentives like ALL other welfare programs.
Another site of interest on some of this is http://www.nationwideblueprint.com
Michael Gonnella: If the mother ran off with the kid and you don’t know where she is, file a petition with the court to terminate your child support obligation and any arrearages because the US Supreme Court, Federal Courts of Appeals and many state courts (especially in NY State where they have a specific law for this) have said that one is entitled to the care, custody & nurture of your child. There is a RECIPROCAL, CORRESPONDING DUTY of emotional and financial support. (US Supreme Ct. case of Bowen v. Gilliard). In Franz v. United States, the D.C. Circuit US Court of Appeals held that visitation & custody encompass all of parental rights. A total denial of both is tantamount to termination of parental rights. If your parental rights were terminated, and it wasn’t your doing, you have the right to terminate child support on grounds that your parental rights have been terminated unilaterally and that you are no longer a parent, hence, you are no longer obligated to the duty to support either.
There are a lot of fathers out there who’ve lost their jobs thanks to our government unconstitutionally interfering with and usurping the auto, banking and mortgage businesses, as well as using failed economic policies that are keeping the economy in trouble.
Government, with its lapdog press, like to pick on groups of people to create animosity and divisiveness. Government targets individuals or easily ascertainable members of groups or groups and targets them for punishment. Such punishment is deprivation of liberties, deprivation of assets and property, deprivation of life. This is what is known as a Bill of Attainder or Bill of Pains and Penalties.
We threw the British out of this country for doing things like that. History has a way of repeating itself though. In family courts, they have re-instituted debtor’s prisons, abolished over 170 years ago, as well as Bills of Attainder, abolished at the inception of the Constitution.
Child support & alimony come from Soviet Family Law, Article 81. The USSR in the 1930s and 1940s implemented no-fault divorce, child support and alimony. By the 1970s they realized the mistake and tried to stop it. It was too late. We know the rest of the story. Yet, radical women’s groups and women’s bar associations have adopted this communist-Marxist ideology that has only been in place in the US since 1975 (at the time of the implementation of no-fault divorce laws, child support enforcement laws, and domestic violence programs).
Any judge who takes an oath of office must uphold, defend and support the US Constitution and respective state constitution. If child support & alimony (and domestic violence) are Marxist-communistic programs, these judges must disqualify themselves or face judicial misconduct complaints for felony Official Misconduct. By taking an oath of office the judge is acknowledging and recognizing your fundamentally secured constitutional rights, in order to maintain his job as a public employee. If not, he is acting outside the scope of his job and can be sued civilly and charged criminally.
With that being said it’s now time to show the government for the real “deadbeat” that it is.
According to a 7-year study done by Arizona State University Professor Sanford Braver, Ph.D., which resulted in his book, “Divorced Dads–Shattering the Myths”, he found that less than 5% of those that owed child support are true deadbeat dads-the ones with the younger trophy wives and sports cars, who don’t want to pay anything.
The truth of the matter, is that according to the Federal Gov’t. General Accounting Office, Report # GAO/HRD-92-39FS, pg. 19, over 66% of those owing child support can’t pay because they are unemployed, underemployed, disabled, dead, and in some cases the mothers don’t want support.
Judges order such onerous child support amounts in some cases, along with alimony, daycare, medical expenses, and other expenses, that the father can’t survive. He ends up becoming despondent, leaves his job and drops out of sight. He loses all contact with his child(ren) as a result. This is the government’s ultimate goal. Breaking up of father-headed families (and then mother-headed ones when there are no more fathers, wherein, the government will come for the children without any resistance). Government doesn’t do anything for altruism.
They always have a motive behind what they do and the laws they make. It’s all about money, power and control.
Judges in NJ & NY refuse to reduce child support and alimony when a man loses his job because of the current economic climate. They tell the guy that it’s too soon to reduce support because “you might get another job” in a short time. Most often the guy never gets the same-salaried position and winds up making substantially less. All the while, he falls farther and farther behind, with no hope of ever making up the arrearages.
But, do the courts reduce support? No. They keep it there until the arrears are so high, that the guy’s credit is ruined, and they start putting warrants out for his arrest, even though he did everything he was supposed to do by law.
Judges then use detainers to hold the men in jail, somewhat like bail. But, it isn’t bail, because child support is a CIVIL debt. Detainers to keep the men in jail until they pay? STUPID IS AS STUPID DOES! It’s not about the children! Keeping a man in jail to pay support is an oxymoron. And, most of the NJ Family Court judges are morons! How does one pay child support if in jail?
Does he work in the jail making $10, $15, $20/hr. and have his wages garnished? Does this person invoke the INSOLVENT DEBTORS STATUTES when he gets out of jail, since he has no assets or income, and the jailing served as the remedy for the debt owed? Under the INSOLVENT DEBTORS STATUTES, the debt has been paid once the person has been jailed for it and released. But, the state will try and keep the arrears on the books.
The reason for this: Because judges are granting high orders and enforcing them stringently because the Federal government pays the states a federal reimbursement incentive funding (42 USC Section 658a) for amounts awarded, collected and enforced. This money goes into the state coffers, no strings attached (42 USC Section 658f).
The first things paid out of state treasuries are judicial salaries and pensions and state employee salaries and pensions.
This is a major unconstitutional conflict-of-interest that has been outlawed by the US Supreme Court in Tumey v. Ohio, Ward v. Monroeville, Gibson v. Berryhill and other cases. The Supreme Court held that judges and officials (i.e., child support probation officials) who sit in judgment of cases that they have a financial interest in, are too tempted to abuse their contempt powers to jail unsuspecting litigants-taxpayers to extort/extract more and more monies out of them to increase the amount of funding, and ultimately increase their salaries and pensions.
Yet, family court judges continue to thumb their noses at the US Supreme Court mandates. This is not only contempt of the Supreme Court, but felony official misconduct by judges, who are public officials that swore an oath to uphold, support and defend the U.S.
Constitution and their respective state constitution. By refusing to disqualify themselves from these cases, where they have a financial interest in the outcome of them, the Supreme Court has held that their orders are essentially null and void and have no effect or force.
Some will say that if we don’t have judges or hearing officers to enforce orders, how then will they be enforced? As a taxpayer and voter, that is not our problem. The government made the situation. They must fix it. They can fix it by empanelling a group of people that have no financial interest (for example, economists, vocational experts, marriage experts, accountants, psychologists, even lawyers and retired judges). But, they cannot use arbitrary and capricious
contempt powers.
Anyone arrested on one of these orders is being arrested for not only a fraudulent order, but on a CIVIL matter. The U.S. Court of Appeals (2nd highest courts in the land) as well as the US Supreme Ct. hold that one can’t be arrested on a CIVIL matter because there is no 4th Amendment probable cause that a crime has been committed to issue an arrest warrant. See, Stevens v. Rose (9th Cir. 2002), Allen v. City of Portland (9th Cir. 1995), Wooley v. City of Baton Rouge (5th Cir. 2000), Peterson v. City of Plymouth (8th Cir. 1995), Moore v. Marketplace Rest.(7th Cir. 1985), Paff v. Kaltenbach (3rd Cir. 2000).
Also, included is the Third Circuit U.S. Court of Appeals case of U.S. v. Parker, 108 F.3d 28, 30-31 (3rd Cir. 1997)(child support a civil, commercial debt). In U.S. v. Lewko, 269 F.3d 64, 68-69 (1st Cir. 2001), the First Circuit U.S. Court of Appeals held that child support is nothing more than a common civil, commercial debt, and that it is NOT any “special kind of debt”. Again, another fraud perpetrated by government officials. Every other Circuit, including the Third, has followed suit and hold that child support is a common commercial, civil debt.
The child support industry is a total fraud. It is a $5-$10 BILLION per year INDUSTRY that, if eliminated, the monies saved and sent to the children that supposedly need it, would wipe out all child support arrears in the US at one time. All that would be needed to do is send the BILLIONS in the form of a Social Security check or wire transfer, since child support enforcement laws are part of the entire Social Security Act.
Lastly, fathers will find an unusual way to pay their child support. They will sue the sheriff’s officers and sheriff’s departments, probation dept’s. (because probation workers sought warrants when they are neither attorneys, nor were those arrested ever on probation). They will sue for Civil Rights Damages and for FALSE ARREST, ASSAULT, AND FALSE IMPRISONMENT FOR DEBT (In the New Jersey Constitution, Article I, Section 13, it prohibits Imprisonment for Debt in ANY action; every other state has such a prohibition, and 18 U.S.C. Sections 1581 and 1589 prohibit involuntary servitude by taking someone under government threat and making them work for someone else to pay off a debt).
Even if they can’t collect, the state will be paid for the uncollectible debt, to insure a win-win situation for the state. They collect if he pays, and they collect if he doesn’t. Child support has long since stopped being about supporting children or relieving taxpayers of the welfare burden. It has now become a lucrative “REVENUE STREAM” for the states, bringing in hundreds of millions of dollars per year. in addition to being a Communistic “TRANSFER OF WEALTH” scheme for the entitlement of women, lawyers and child support INDUSTRY. If not so, then why don’t we hear about DEADBEAT MOMS, who fail to pay ordered support in over 65% of cases?
Before castigating the fathers for not supporting their children, show some concern for the corrupt courts who CREATE those fatherless children for profit. The judges and politicians, over the past thirty years, have trivialized fatherhood by giving sole custody to the mothers in 90(+)% of cases, denying fathers their due process rights, treating them like criminals, and separating them from their children in order to separate them from their money. Divorced, or single fathers have had fatherhood beaten out of them, and so, have no consideration for the responsibilities of siring children. Neither is there any respect for marriage by the women bearing those children.
Fatherlessness breeds sexual promiscuity. The socialist-liberals in the courts, the legislatures, and the editorial offices have created a problem. Then they designed programs to throw money at the problem. Those programs have the opposite affect from what was desired. Instead of slowing or stopping the problem, they made it WORSE, creating even MORE fatherlessness. When you analyze the situation with an open mind, it may occur to you, as it has to some, that
failure to pay child support might actually a rebellion against tyranny.
Some will say “it hurts the children” when you don’t pay. It hurts the children when the custodial mother, supported and empowered by the courts and politicians, deprive the children of contact with their father, which, according to empirical studies, occurs 75% of the time. No wonder there is a lost generation of children out there.
It’s not an accident. It’s by design. The government breaks up families for profit, gain, power and control. Remember that the next time you accuse someone of being a “deadbeat dad”!
Bruce Eden, Civil Rights Director
DADS–Dads Against Discrimination–NJ & NY
Fathers’ Rights Consultant
Constitutional law & Family law Consultant
http://www.dadsamerica.org
b_eden@verizon.net
im going for an incarceration hearing on sept 29, 2010 in central islip, everything you said makes sense, i have been trying to get my payments lowered for four years now and found the courts to be very gender biased. my x wife has been using me as her soul source of income and now with the winter rolling in the x wife nows she will make more money with the dss programs then through me. i am a mason. my support order was givin in the hieght of the housing bubble in 2007. i have pretty much accepted the fact im going to jail, and am looking at the bright side. at least i wont have to worry about paying both sets of bills at both households, When we married we could barley afford our household bills and i will never forget at the first support trial how my x wife shred some tears in the court room and told the judge women always get screwed, it was a slam dunk closing statement for her. its great that the judges just dont care. final answers are always the same JUST PAY ME.
Case law you state may be true , however in practice the courts will just ignore your petition unless you have a boat load of money to hire a team of attornies who will hold the judge accountable at every point. Once beaten down by the system, loss of assets, job prospects, a place to live the non custodial parent is religated to status below that of illegal immigrants, who subsequently have more rights then a disposed of father in this country.
Thanks for posting the case law.
In Washington State, and much like other States, there are contracts between the Child Support Collecton agency. 22 Counties in our state have agreements that fund the courts via Title IV-Funding. The real issue is that the Commissioners were actually filling out timesheets, that had a logo on the top for the Division of Child Support at the end of each day so they commissioners would get re-imbursed for time collecting child support.
In some cases, these contracts were actually signed by Presiding Judges, like the one in Snohomish County, WA.
Additionally, the Prosecuting Attorney’s Family Court office is 100% funded by teh division of child support – they proudly proclaim this on their web site. If you ask them how many cases of parental interference they have prosecuted – I have, they tell you ZERO. Because, if they prosecute parenting plan violations, they are at risk of losing their funding
Everyone needs to do a public disclosure of their State’s child support agency and request a copy of all contracts with all courts. It is a learning experience that needs to be shared with everyone in your state. You need to attack those contracts, they are in many cases a violation of the Judicial Canons – like when a judge fills out a timesheet after hearing your case, they need to publicize the contracts and make them end.
Your tax dollars are supposed to bring you equal protection under the law. A refusal because you don’t pay them incentives to go after parent plan violator is a racket – unethical, illegal, and unacceptable.
Go git em’
Why does Title IV-D call for a “quasi-judge” to hear child support cases that they refund? The fact taht it is spelled out so clearly in Title IV-D has always made me wonder what the motivation is? is it because the Quasi-judges are not elected? Are they held to a lower standard? Why is is written to bias real Judges?
This question has been burning inside me for years. I feel like if we understood why it was written this way, we would understand another piece of the puzzle that motivates all of this
In Mi we have family court judges that are elected however they seldom run unopposed
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youtube.com Suffolk County Court Corruption.All my rights have been violated.denied due process. falsely slandered, Color of Law violated by judges,lawyers and all officials involved for profit under Qaitum and NY courts stealing from federal goverment under Qaitum. NY courts is now falsely slandering woman and my son is being brought up by a drug addict Craig Berkhan that tested positive for drugs while my is son in his care twice and he was founded for abusing my son by CPS and CPS and court gave him custody as they violated and terminated my rights to my children illegally which makes all orders void under Color of Law, The court system is broken and corrupt making insane rulings.The truth is on my side with evidence on transcript and clean medical evals through all this the court has victimized me and my children and financially ruined me and refuse to change unjust orders while they reward the abuser and allowed him to commit perjury on record and so has the court .I am not disabled in anyway and they allowed perjury by all to slander me.I have never collected disability yet my children are ripped out of my life on lies and I’m imputed excessive child support with all my rights to my children terminated by the courts illegally by unjust orders violating Color of Law. I will fight for my children and my rights and expose the insanity in NY courts. Adele Vessia
Great post Bruce Eden. Your arguments are worth a try. Are any of them working for people you’ve talked to. If so which ones. Thanks
nic speech ……….
Hey Guys there is a Remedy! If the Law provides one thing.. It provides a Remedy! What all of you said is ONLY TRUE if YOU CONSENT. Child Support is a Contract. There is NO FEDERAL LAW that states that You are supposed to be on Child Support! No matter the primary resident. The Simple Answer is Right in Front of You! Title IV is the Social Security Act Which Means it falls under the Executive Branch of Government. That being said. There is NO SUCH THING AS COURT ORDERED CHILD SUPPORT!!! ITS IMPOSSIBLE! To prove it… Look in any State Constitution as well as the Federal Constitution. Separation of Powers. Judicial, Executive, and Legislative. They Shall forever be separate and Distinct, and neither can operate in the others capacity. Which means… NO JUDGE (Judiciary Branch) can sit in on, let alone sign a Child Support Order (Executive Branch)! Thats First!!! 2nd Pursuant the Federal Manual of Child Support… Child Support creates a “Debt Due” that means that it is subject to the Federal Trade Commissions rules and regulations. to further prove my point. See Case Law: Every U.S. Court of Appeals that has addressed this issue, has held that child support is a common, commercial (and civil) debt, See, U.S. v. Lewko, 269 F.3d 64, 68-69 (1st Cir. 2001)and U.S. v. Parker, 108 F.3d 28, 31 (3rd Cir. 1997).
Therefore, You have two remedies… Actually you have Several!!! but for the sake of this response… First. You can Challenge the Jurisdiction of Title IV-D. 2nd which is probably the safest…. Challenge or Validate the Debt! Check out 15 USC 1692g 808. Unfair Practices and 15 USC 1692h 809. Validation of Debts.
There is your Remedy Ladies and Gentlemen! Dont complain just learn their Laws and use them to hold them accountable for their behavior! They have committed Fraud under the Color of Law. You can be free in less than a month! And Back to enjoying your life and taking care of your Kids without the State Bureaucracy!
Im Free!!! So please use this to free yourselves! Good Luck to you! If we all come together and use our Constitutional Guarantees You can put a huge dent in their Ponzie Scheme!