Posts belonging to Category Child Support



DeKalb County: ‘No Child Support, No Tag’ – Atlanta News Story – WGCL Atlanta

These people will never stop, and they will never “get it”.  People lose jobs, people get injured, people go through many trials, yet child support orders are very difficult to modify.  This is a draconian proposal, and this DA is some kind of nut.

DEKALB COUNTY, Ga. — DeKalb County is putting the brakes on parents who fail to pay child support by revoking and denying vehicle tags.

District Attorney Robert James and Tax Commissioner Claudia Lawson have partnered to crackdown on non-custodial parents who live in DeKalb County and have egregiously failed to pay child support for more than 60 days.

“If you are not willing to support your child, you don’t deserve the privilege of driving on the roads in Georgia, or any other place,” said James. “If you can put gas in your car at the pump, you can send $100 or $200 to your child to put food on the table.”

A letter of intent from the District Attorney’s Office will be mailed to a target list of 63 parents who have failed to pay child support or are delinquent 60 days or more. These letters will notify them of their delinquent child support payment status and pending tag revocation/tag denial. Parents are given 20 days to contact the District Attorney’s UIFSA Division before the tag is officially denied or revoked by the Tax Commissioner’s Office.

via DeKalb County: ‘No Child Support, No Tag’ – Atlanta News Story – WGCL Atlanta.

Movie about injustice in family courts

Just received this:

Dear Supporters,

I hope this email finds you all well.

It has been sometime since our last email and so much is happening. The film
is back and ready for national distribution. On top of that we are finally
at the first step towards the Academy Award Qualifications for 2012 with the
Los Angles Screening booked and ready to see July 11 through the 17th, 2012.
Go to www.supportthemovie.com and click on show times.

Yes Yes that is true. We are screening the film for a full 7 Days at 2
times per day and we have tons of seats to fill. So you guessed it…. we
need your help to do it!

We have been working diligently on this film that tells a story that needs
to be told. It’s something that we feel will make a positive impact on many
lives and the social economics of this great country we live in known as
America.

The land of the free…… or is it?

What really does matter is that the film persuades and shows people that YES
we do have a problem with our current policies.

There are problems with millions of dollars of ERRORS in the child support
system. There are problems with the divorce industry as most of you know it,
and the custody battles or the visitation as “visitors” to our own children.
We can go on and on listing more and more problems. What has been added to
the film now is more on the Parental Alienation and the simple fact that the
custodial parent has more rights than the non custodial parent.

The newer and final version (OMG yes final! lol) contains:

* New never before seen footage and interviews that will shock you.

* Also- are the Judges tainted? Find out when one steps down after we
interview her and found out she was allegedly receiving some form of
incentives the more she sent guys to prison for child support arrears. On
top of that the state even denies she ever worked there….you can be the
judge now!

* We cover the exorbitant amount of money that goes into creating so
called “dead beat dads” at a time when our politicians are looking for
budget cuts and the tax payers are footing the bill.

* We have revisited the way the non-custodial parent is basically
forced out of the child’s lives by having only 4 days a month of parenting
time and becoming a “visitor” in the lives of their own children.

* Who our we really Supporting here ?

* When does the “pay before you play” with your kids ever end?

* Military – We cover the military troops that fight for our freedom
only to come back and find they have been wrongfully named biological
fathers becoming victims of paternity fraud then ultimately stripped of
everything they own while they were away.

We have tried to cover everything including the myth of the dead beat mom or
dad.

Our team continues to strive until show time. All of us have only time to
give and have used all of our own funds to get to this stage.

Now friends it really is up to YOU!

Would you please support us in Los Angeles , July 11-17th, 2011. Tickets
will be $10.00 each. For group tickets please contact us.

Buy a Ticket today, (www.supportthemovie.com) get a T- Shirt or Pre Order
The full DVD that will be shipped out to you on July 28th right after we
screen in New York city starting the 19th – 26th of July 2011.

Bottom line if you or someone you know has been through what is called “the
system” then you know we need reform and we need your help to make this
happen.

We need it starting today and right now. You can even just buy the team a
cup of coffee if you would like to. Every bit helps.

Go to www.supportthemovie.com for Show times and updated info. Follow us on
Twitter and go ahead- friend us and “like” our Support? Page on Face Book.

The train is moving again and we hope to see you aboard! Please pass this
on.

THANK YOU!
Sincerely,

Aginelo
Trailers Click Here: http://www.youtube.com/user/SupportTheMovie
contact information
Email: info@supportthemovie.com
Phone: 888-997-9987
Fax: 877-815-0907

Local man along with others files suit against state in child support case

It is a bit difficult to believe that any counties or states are still putting parents in jail for being broke, without at least providing them with legal representation.  The laws throughout the nation are quite clear on this matter.  These prosecutors should be prosecuted for this injustice.  They should be made personally responsible to pay these parents for what they did to them.

A Rome man who served time in the Floyd County Work Release Center after falling $3,000 behind on child support payments has filed a lawsuit against multiple state and local officials.

Randy Miller and five other plaintiffs from around the state filed the suit Tuesday at Fulton County Superior Court. They are represented by the Atlanta-based Southern Center for Human Rights.

The suit alleges that the parents’ civil rights were violated because the state has failed to provide legal representation for those unable to pay child support.

“Languishing in jail for weeks, months and sometimes over a year, these parents share one trait in common besides their poverty: They went to jail without ever talking to an attorney,” said the lawsuit.

via RN-T.com – Local man along with others files suit against state in child support case.

States motivated on child-support enforcement by financial gain | al.com

The writer of this letter is a father who has recently experienced the shock of modern day divorce, custody and child support laws.  He correctly sees that in a divorce, the state assumes the role of caretaker of the children, and then assigns that duty to one or the other parent, and charging the ncp with child support.  It does this both for economic, as well as social reasons.  Child support is evil.  It harms children, in that it alienates them from their fathers (about 85% or 90% of the time, fathers lose custody to mothers).

It is interesting, also, that one commentator to this letter upbraided the author saying that it was the father’s duty to pay child support.  Men who take this attitude are one of the reasons that these unjust laws are perpetuated.  They are the problem.

What does it mean to be designated a “deadbeat parent” “Deadbeat parents want free lawyers,” Nation/World news, Wednesday? It can mean you have lost your role and responsibility to be a parent — often because of an uncontestable divorce — withoutt any legitimate cause or reason.Once a parent, now a payee, the noncustodial is faced with the most egregious legal act: the discharging of his duty to his own family, his children.

The basis for such an egregious act is a federal child-support enforcement program — a program that matches the state’s child-support enforcement collections with funds from Social Security that go to the general state budget. In effect, those legal representatives are motivated by financial gain for their purses and for the state’s purse. These representatives are part of a larger program that is systematically destroying parental rights while fleecing the family.

As wards of the state, children are treated as marital property. A price is placed on the children’s heads — which is imputed to the noncustodial — in accordance with guidelines and current or expected family income. Those representatives claiming to act in the best interest of the children are, in fact, acting in their own interest and that of the state.H. Kirk Rainer

via YOUR VIEW: States motivated on child-support enforcement by financial gain | al.com.

Here’s one comment:

bhamliberal March 27, 2011 at 7:56AM

 

I have no idea what your point is but when I divorced many years ago, I got hit with some steep child support. Although I was non-custodial, it was my duty as a parent to pay…..and pay I did. Its called responsibility.

Kinison friend says comic fathered child – Yahoo! News

It will be interesting to see how this is handled.  It is possible that he has a civil case against the biological father’s estate. He may also have a case against the attorney who represented him for malpractice.  Historically, however, the presumption of paternity of the husband trumps everything else.  So just because it is obvious he wasn’t the father, nevertheless, the courts may decide to leave this case alone.

LOS ANGELES – A longtime friend of Sam Kinison said Thursday that he recently obtained DNA testing shows the late comedian fathered a daughter with his ex-wife and that he hopes the revelation will free him from years of unpaid child support penalties.Comic Carl La Bove filed a petition Thursday to try to invalidate a nearly 13-year-old agreement requiring him to make payments for the girl, who is now 21 years old.

As of 2009, La Bove owed nearly $188,000 in back child support, according to a statement filed with his petition.The debt has left La Bove without a driver’s license, a passport and shoddy credit, he said.But he said any animosity he felt toward Kinison for sleeping with his now ex-wife during Kinison’s hard-charging heyday in the late 1980s is gone.

Success is not guaranteed, said Michael McCormick, executive director of the American Coalition for Fathers & Children, which is aiding La Bove in his case. The 52-year-old comic will have to show that he was coerced into signing the 1998 agreement.

In his court filings, he claims he was not fully informed of his rights before signing the agreement. In an interview, he said that his divorce from his ex-wife took six years and that his attorney never suggested he challenge the paternity of the child, even though his then-wife had told him that Kinison was the girl’s dad.

via Kinison friend says comic fathered child – Yahoo! News.

SSRN-Fatherhood by Conscription: Nonconsensual Insemination and the Duty of Child Support by Michael Higdon

Fatherhood by Conscription: Nonconsensual Insemination and the Duty of Child SupportMichael J. HigdonUniversity of Tennessee, Knoxville – College of LawFebruary 14, 2011

Abstract:

Nathaniel, was a California teenager who became a father in 1995. The mother of Nathaniel’s child was named Ricci, and at the time of conception, she was thirty-four years old. Nathaniel, however, was merely fifteen. Although Nathaniel admitted to having sex with Ricci voluntarily about five times, the fact that he was under sixteen years of age at the time made it legally impossible for him to consent to sexual intercourse. In other words, under California law, Nathaniel was not only a new father, but was also a victim of statutory rape. Nonetheless, in a subsequent action for child support, the court held that Nathaniel was liable for the support of the child who was born as a result of his rape. According to the court, “Victims have rights. Here, the victim also has responsibilities.”

via SSRN-Fatherhood by Conscription: Nonconsensual Insemination and the Duty of Child Support by Michael Higdon.

Police: Ga. woman accused in child support scam – U.S. news – Weird news – msnbc.com

Wow.  Why in the world is it so easy for something like this to happen?

ALBANY, Ga. — Police say a Georgia woman used a friend’s baby to collect more than $1,600 in child support from an ex-boyfriend after she convinced him the child was his.

Dougherty County Sheriff’s Capt. Craig Dodd says Regina Thompson’s ex-boyfriend paid the money over two years. Dodd says the ex-boyfriend even had pictures made at the girl’s birthday party.

The 38-year-old Thompson has been charged with five counts of theft. Police say she was keeping her friend’s child when she concocted the scheme.

via Police: Ga. woman accused in child support scam – U.S. news – Weird news – msnbc.com.

Case may clarify the enforceability of child support agreements that set minimum payments | State Bar of Wisconsin

It always amazes me how reluctant courts are to modify child support downward when the paying parent experiences a change in circumstances.  Our position, however, is that child support as a public policy and institution is wrong from the very beginning because it tends to encourage the destruction of families.  At least in this instance, the court is willing to look at the fact that an unfair child support award can actually hurt a child due to the fact that in shared parenting arrangements, if the paying parent experiences a decline in income, it could mean difficulty in the relationship with the child when the child is with the paying parent.

Case may clarify the enforceability of child support agreements that set minimum payments

Agreements that set “ceiling” amounts on child support payments are unenforceable if there has been a change in circumstances. Now, the Wisconsin Supreme Court may decide whether agreements that set minimum “floor” amounts are unenforceable if there has been a change in circumstances.

By Joe Forward, Legal Writer, State Bar of Wisconsin

Case   may clarify the enforceability     of child support agreements that set   minimum   payments Jan. 11, 2011 – After the divorce, Michael May agreed to pay Suzanne May no less than $1,203 per month in child support for no less than 33 months. But after 17 months, May requested a downward adjustment to account for an involuntary loss of employment.

A circuit court denied May’s request, concluding that the 33-month “floor” was not against public policy and therefore enforceable. May appealed.

Now, the District IV Wisconsin appeals court has certified the case to the Wisconsin Supreme Court to determine whether stipulations that impose a minimum payment (floor) are unenforceable as against public policy.

In Wisconsin, “ceiling” stipulations are unenforceable. That means a support-receiving parent can seek an increase in child support payments, even if the parties stipulated to a maximum payment, if there has been a change in circumstances.

But, according to the appeals court, the supreme court has never squarely decided whether floor payment agreements are unenforceable.

In Frisch v. Henrichs, 2007 WI 102, 304 Wis. 2d 1, 736 N.W.2d 85, the supreme court said in a footnote that: “Stipulating to a minimum amount for a limited period of time does not violate public policy because it ensures that a certain amount of child support is received, which is in the best interests of the children.” But that was not the holding of the case.

Before Frisch, the appeals courts had determined that a child support floor violates public policy if there is no time limit or opportunity for review, or permanently prevents a paying parent from seeking a reduction despite a change in placement.

After Frisch, the appeals court ruled in Jalovec v. Jalovec, 2007 WI App 206, 305 Wis. 2d 467, 739 N.W.2d 834, that a four-year floor violated public policy.

Jalovec appears to be inconsistent with the supreme court’s footnote in Frisch,” the appeals court wrote in May v. May, 2010AP177 (Jan. 6, 2010) (certification).

May argues that support floors may not be in the best interest of the child in shared placement arrangements. Changed circumstances could negatively affect a paying parent’s ability to provide for the children when placed with that parent, May argues.

The supreme court is also asked to decide whether a 33-month (two years, nine months) floor period constitutes a “limited period of time.” May argues that such a period violates public policy “if not tied to a point in time when it would be logical to reexamine support.”

Case may clarify the enforceability of child support agreements that set minimum payments | State Bar of Wisconsin.

Child Support Payments Likely Fell For Second Straight Year in 2010 – DailyFinance

Things are looking dimmer and dimmer for the economy.  The states are going to start showing some real cracks in their budgets and this is going to be reflected in their collections.  Pressures are going to increase on everyone.

Child support payments in the U.S. fell in 2009 for first time in more than three decades, and while the official government report for fiscal 2010 won’t be out for months, it’s likely that it, too, saw that downward trend continue. While the states have increased their ability to collect support on behalf of custodial parents by garnishing wages or unemployment checks, those gains have been more than offset by declines caused by high unemployment and the growing ability of noncustodial parents to get court-ordered payment reductions.

State and federal governments collected $26.4 billion in child-support payments for the fiscal year that ended Sept. 30, 2009, down 0.7% from a year earlier, according to the Department of Health and Human Service’s Office of Child Support Enforcement. The decrease was the first since such records began being kept in 1976. Payments average about $250 a month nationwide.

The decline reflects the squeeze the economy is putting on both sides of the child-support equation, in ways that haven’t gotten better. The Labor Department said earlier this month that November’s unemployment rate rose to 9.8% from 9.6% in October, and the private sector added just 50,000 jobs, about a third of what analysts had forecast. Additionally, the underemployment rate, which includes both the unemployed and those working part-time who are seeking full-time jobs, held steady at a staggering 17%, while the number of people out of work for at least six months increased to 6.3 million. (more…)

Child Support hurts children – here is a story for you!

Here is a comment that was posted some time ago on this blog.  I thought others would find this interesting.  It’s a letter from a young man that had been lied to by his mother about his father.  This is what happens when the state steps in where is shouldn’t.

Dead Broke Kid says:

I am working to pay Child Support ON MYSELF!

How. Well, my MOM COLLECTED child support. She wouldn’t let us See DAD. She hid us with Relatives and TOLD us he was DEAD. She swore he didn’t pay a DIME to anyone who would listen. Funny. AT 19 I discovered he not only Was alive…..he had been trying to have some contact since my Mother decided to Divorce him out of the blue. So I moved where He was and Wow a whole world opened up. Now I am 24. The state of Texas is STILL Making him pay my mother. I have called them! My Mother agreed to Pay Me some of the CHILD support to help with school. DAD has sent Big checks. So far I have recieved Nothing from my Mother. I have no RIGHT to a dollar taken from my Father. So he was not paying what he DOESNT OWE (remember i am an adult) Fast ENOUGH and he has lost his Drivers licence. Without it He can’t work. So if he does not make payments Now he goes to Jail. So You guys are Draining ME to keep my Father out of Jail So you can Steal money For my Mother to DRINK and Party on. Nice system.

Oh and Dad did not ABANDON us. Mom decided she was Gay. Dumped us off with Grandma and has played the victim every since. DONT EVER SAY CHILD SUPPORT TO ME……………..CHILD ROBBERY is what you could call it. Not only did it take my childhood and my Future….now it is trying to steal my Dad from me AGAIN!