Articles from January 2013



Father’s Rights Debate Taken Up By The Nebraska State Legislature

These types of bills have always foundered when the lawyers and special interest lawyers start weighing in.  Also, courts are loathe to give up any discretion, especially in cases of disputed custody.

 More than a quarter of our kids are being raised by just one parent. Some Heartland fathers feel like they don’t have the parenting rights they deserve. Two Nebraska state lawmakers are trying to change that.

Joe Trader thought he had all the evidence he needed in the custody hearing for his daughter Gracie; but the judge decided otherwise. “I wasn’t going to let a decision that has been given to fathers for years determine what kind of father i was going to be able to be to my child.”

Up before the unicameral this year are two bills focusing on father’s rights.

State Senator Galen Hadley’s bill wants to bring laws made years ago up to today’s times. “I think this bill is looking more at modern society and trying to come up with a parenting plan that tries to deal with the kind of conditions we find in modern divorce.”

Senator Russ Karpisek wants to go one step further; holding judges accountable for the decisions they make.

Trader says both bills show progress. “Any benefit, any increase in time or really any acknowledgment of the equal parenting an how important it is a huge stride,” he said.

Trader’s main goal is for more time with his little girl, Gracie. “Let Nebraska know we’re tired of being just child support, we want to be parents.”

One of the bill would also make it so each parent is entitled to at least 45% of the year spent with their child. That could be over-turned, but a judge would have to cite a reason why.

Father’s Rights Debate Taken Up By The State Legislature.

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Wyoming Senate bill tightens child support collections

It never stops.  These are control freaks who simply must have everyone conform to their view of the universe.  When you have to pass laws like this, it just means there is something wrong with the whole approach.  This will just mean more people ostracized from society, and lead to more poverty.

CHEYENNE, Wyo. — People who owe back child support will find it harder to avoid having their driver’s licenses suspended if a bill to come before the state Senate passes this session.

The original law adopted in 2009 triggers a driver’s license suspension if a parent is $5,000 in arrears and hasn’t made a payment in 60 days.

The new bill, Senate File 58, lowers the dollar threshold to include a parent who is $2,500 in arrears and hasn’t made a full monthly payment in 90 days. The bill is sponsored by Sen. Wayne Johnson, R-Cheyenne.

via Wyoming Senate bill tightens child support collections.

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Should parents whose children are removed be ordered to pay support? | cleveland.com

Actually, it should be noted that a sole custody award with child support ordered in a divorce is the same thing.  The court takes something of great value to a parent, the companionship of his or her own child, and then charges that same parent for it.  It is ludicrous, and immoral, but it is the law of the land in all western countries.

CLEVELAND, Ohio — A juvenile court judge’s decision to order child support from parents whose kids are taken away from them has sparked some debate in the court.

While Ohio law says the issue of child support should be addressed in all cases, some say that it could hamper the ultimate goal of reuniting families and that it is unfair that parents who draw a certain judge are treated differently.

For years, judges in the Cuyahoga County Juvenile Court have not routinely ordered support in those cases.

In some cases, judges have tacked a few sentences onto a custody order saying that any current support be redirected to the person or agency responsible for the child.

“But frankly there’s been a period where we weren’t really addressing it,” said Judge Kristin Sweeney, who has been on the bench since 2005.

A clerk brought the issue to Sweeney’s attention and she and others began exploring — and debating — what to do.

She decided, at least in her court, to try to follow the law. Court officials said that while each judge has discretion on interpreting the law, the conversation on the topic is courtwide and at least one other judge is working to find a way to address the support issue.

Assistant County Prosecutor Joe Young said Sweeney’s decision to have her magistrates order support was met with some resistance.

“There is some philosophical opposition to this by the public defender’s office,” Young said.

Juvenile Public Defender Sam Amata said his office is not opposed to child support directives. But, he said, to have them ordered unevenly across the court is unfair, and absent basic guidelines, they could harm the reunification of some children with their parents, leaving them in county care longer — which will be more costly.

“This was kind of treated as an experiment of sorts,” said Brant DiChiera, the assistant public defender who handling the cases in which support has been ordered. “In fairness to [Sweeney], she can’t force other judges to deal with this issue.”

Sweeney said she thinks it is best to broach the issue of support at a later hearing, when a decision on custody is being made.

via Should parents whose children are removed be ordered to pay support? | cleveland.com.

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Kansas wants sperm donor pay child support – KansasCity.com

The moral here is to be extremely cautious if there is any possibility of a child support issue arising.

The state of Kansas is trying to force a man who donated sperm to a lesbian couple to pay child support, arguing that the agreement he and the women signed releasing him from all parental duties was invalid because they didn’t go through a doctor.

Under Kansas law, a doctor’s involvement shields a man from being held responsible for a child conceived through artificial insemination. At least 10 other states have similar laws, including California, Illinois and Missouri, according to the Kansas Department for Children and Families.

William Marotta and the couple he helped have a daughter didn’t go through a doctor, so the department is asking a state court to hold him responsible for about $6,000 that the child’s biological mother received through public assistance – as well as future child support.

The department also asked the court to appoint an attorney to represent the now 3-year-old girl, independently of her mother.

Marotta is asking that the case be dismissed, arguing that he is not the child’s legal father. A hearing is set for Tuesday.

Department spokeswoman Angela de Rocha said Wednesday that when a single mother seeks benefits for a child, the department routinely tries to determine the child’s paternity and require the father to make support payments to lessen the potential cost to taxpayers.

She argued that the law regarding artificial insemination is an incentive for donors and prospective mothers to work with a doctor

Read more here: http://www.kansascity.com/2013/01/02/3990711/state-trying-to-make-sperm-donor.html#storylink=cpy

Kansas wants sperm donor pay child support – KansasCity.com.

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