Points to consider when writing your congressman, etc....

[JLN64]

For all of you who have taken the intiative to write these letters, I commend you.

However, we all need to remember that these letters are being initially read by some jr. staffer, who will then decide what to do with it.  And what I'm noticing is that the "facts" are getting lost in the midst of overwhelming long narratives that are frought with emotion.

 I, too, wrote a letter to my congressman.  It took about 2 weeks and 25 drafts to get it right--at least, right for me.  I didn't want them to read it and immediately characterize me as a pissed off second wife who was tired of being indebted to the first.  I wanted it to be thought-provoking on their part.  I wanted them to read it, lean back in their chairs and think, damn, is this what's really going on?  Perhaps we should be looking into these complaints.

Everytime I rewrote it, I took a little more of the emotion out.  And I've been involved with this crap since 1992, so there is a lot of emotion invested here on my part and it wasn't an easy thing to do. I wrote it up in bullet points and questions, so it would be easy to follow for whomever had to read it.

Here is my letter, although slightly redacted to eliminate some of our specific detail:

Dear Congressman,

The purpose behind asking for your assistance in this matter is two-fold.  Initially, I had hoped that you would be able to assist us in righting the wrongs that had been perpetrated in my husbands’ child support case.  However, as I continued my research, I realized that our situation was not an aberration of the system, but rather the norm.  There are thousands of victims, both parents and children, due this broken system.  I contend that the violation of constitutional rights, abuse of power and flagrant disregard for equity in the application of the law are problems that are both systemic and pervasive throughout the Family Court System and Child Support Enforcement Agencies.

In our case, we are asking for assistance with the following:

•   Securing copies of the files and relevant documentation regarding our case files from {lists names of states involved}

•   A Congressional Inquiry primarily regarding the actions of Child Support Enforcement in this case including, but not limited to, possible abuse of power, violations of policies and procedures under URESA/UIFSA, and violation of due process and constitutional rights.

In the bigger picture of nationwide abuses within the system, we are respectfully requesting a Congressional Investigation be conducted addressing the following:
   
•   The lack of effort on the part of the local CSEA’s to follow the guidelines under the UIFSA regarding the reconciliation of multiple interstate support orders written under URESA which will still be a problem until approximately 2015.
•   Intent of OSCE in constructing a training manual detailing for the Case Worker how to subvert the system in order to seriously disadvantage our Military Personnel and gain the highest possible support awards.
•   Investigation into the intentional victimization of non-custodial parents by State Child Support Enforcement Agencies and the Family Court system advantaging the State’s relationship with the Federal government in support collection fees and Federal Incentives eligibility.
•   Lack of oversight and control regarding the application of “administrative actions” such as license suspensions, freeze and seize, contempt charges, etc.
•   Legal bias built into the system prejudicing the court against the non-custodial parent and failing to provide for remedy when the non-custodial parent believes they have been treated unfairly.


I have enclosed a brief synopsis of our case along with some questions and concerns for your review.  Our requests for copies of our files have been generally dismissed by the CSE Agencies and we would like your help in securing them for our review.  We believe the files contain specific documentation that will assist in fortifying our arguments, especially regarding the actions of the {Specific State} Child Support Enforcement.  We believe that there were flagrant violations of the statutes and their application throughout our case.  We were told by the Courts and our own attorneys that there was no remedy; that we would not be able to appeal the decision issuing final judgment.  However, given the statutory and case law evidence supporting our arguments, we believe that we do have grounds to have our case revisited.

This is but one case among thousands where the non-custodial parent has suffered at the hands of a court system biased against them and from the wrath of Enforcement Agencies that are out of control.  In many cases where the NCP chooses not to comply with the court order, their decision can be directly contributed to the actions of Courts.  Support Orders are being set too high, the Custodial Parent is not being held to the standard of facilitating a relationship between the children and the NCP, and the Courts and Enforcement Agencies treat the NCP like a criminal instead of like a parent who just wants to be a part of their children’s lives.   Is the financial support of the children important; yes, it is.  However, it is equally important that the NCP be allowed to participate in school functions, extra-curricular activities and generally be allowed to spend quality time with the children.  But it is obvious that the extreme tactics used by the CSEA’s to enforce compliance are not working.  More importantly, they are being used to punish the NCP’s that are compliant.

For example, look at what my husband has been subjected to by this system.  Except for about a year in 1992/1993, he sent his payment every month from 1986 until 2000 (when this latest debacle began).  When he was honorably discharged from the U.S. Army in August 1992, he had difficulty securing employment and lapsed in his payments.  It wasn’t that he didn’t send any money; he just couldn’t make the full payments.  He sent what he could.  This arrearage was repaid years ago per a new order that was issued by {State B}in 1994.  He made his payments in good faith for six years, believing that he was following the directives of the Court, only to find himself more than $30,000.00 in debt.  He has been labeled a “deadbeat dad”, threatened with jail and treated like a criminal when summoned into the family court.  His driver’s license has been suspended, car insurance cancelled, and his credit rating destroyed.  He is charged the highest interest rates allowable, has been unable to secure a mortgage and has been forced to spend thousands of dollars to retain lawyers in an attempt to defend himself in a system that decided he was guilty before he ever set foot in the courtroom.  He hasn’t received an income tax refund in 15 years and his pay has been garnished since 1986.  He has not physically seen his children since 1989.  Most importantly, through all of this, he has been denied access to the very children he has been mandated to support by the very people who are demanding he support them—the Courts, the Child Support Enforcement Agencies and his ex-wife. 

The bottom line is that the system has lost its focus.  It has ceased to be about what is best for the children and is now all about the money.  But the priority is not on collecting the money and distributing it for the good of the families involved, it is in making sure that the numbers are sufficient to ensure continued eligibility for Federal Incentives.  These agencies are twisting the system to create job security for themselves and they are doing it at a very high cost; the systematic removal and alienation of the non-custodial parent from the lives of their children.

We appreciate your time and attention to this matter and look forward to speaking to you personally in the near future.

Respectfully.


I put with it a bulleted time line of events (just like a legal brief) starting with the divorce and listing every major event for nearly 20 years.
 
EX:
1994:  Received summons to appear in court.  Action was initiated by the CP requesting a modification of the order and increase in support. 

Short, concise and to the point.  Then I listed the issues that I believed needed to be addressed followed by my arguments and citations:

{State A} directly violated Mr. XXX’s right to due process and UIFSA Section 307 by failing to notify him that they were knowingly accruing arrears for a period of six years between 1994 and 2000.

Extracted from UIFSA Section 307—Duties of the Support Enforcement Agency:

Subsection (c) imposes a duty on all support enforcement agencies to facilitate the UIFSA one-order world by actively searching for cases with multiple orders and obtaining a determination of the controlling order as expeditiously as possible.


{State A} never contested the registration of the {State B} Order and accepted the $400 payments from 1994 through 2000.  {State A} was in contact with Mr. XXX throughout this six year timeframe and yet never notified the him that while they were “counting down” the balance of the arrears connected with the {State B} Order, they were simultaneously running up an arrears based on the difference between the two orders. 

This case was already flagged due to the fact they were responsible, along with {State B}, for the accounting of payments received regarding the arrears being paid off based on the {State B} order.  They have no foundation for asserting an argument that they did not realize these arrears were on their books.

Through their actions, {State A} denied Mr. XXX the opportunity to correct this problem before it became a $30,000+ debt and denied him the opportunity to send the funds to his ex-wife while his children were still minors and the funds could be used to support them.

I made 6 specific points like this.  It wasn't easier either because there was so much to contend with--you just need to boil it down as much as possible.  The letter is just to get their attention.  You can expound on all the specifics when you actually sit down and talk to them.

I also surfed for hours to find case law that I could cite to support our arguments.

These are just suggestions--I hope I haven't offended anyone.....







 

[greg]

JLN64;

That is terrific. Thanks on behalf of every Dad.

A couple of questions for you. Was it sent recently? Has there been any response?

[JLN64]

Greg--

I've been going back and forth with a staffer since last August.  This was the final version that went out to the Congressman a couple weeks ago.  I also had a chat with a staffer from the Ways and Means Committee in DC.  She's trying to see what she can do for me on that end.  As luck would have it, my Congressman is on the House Ways and Means Committee.

The response is that they are trying to figure out when the Congressman in going to be in State and set a date for a face to face meeting--hopefully in the next 30 days. 

Just a note:  The DC staffer said I was probably going to have to deal with our personal case at the state level. However, since the bigger picture is handled by the ACF/OCSE, and they supposedly answer to the Ways and Means Committee in the House and The Senate Finance Committee, she was going to see if she could track down anyone else in DC who would let me bend their ear on this....keep your fingers crossed.   

[greg]

JLN64;

That sounds promising. I am sure you will stay on them. You will probably need to since the wheels of justice turn slowly.

[JLN64]

Greg--

oh but how fast they turn when it comes to collecting the extortion money.....it takes us 6 months to get a hearing but it takes them 24 hours to swear out a warrant...

[hadenough40]

I've got nothing to say...just wanted this thread to be easier to find

[x-olympian]

JNL64,

Thanks again for this post!!  I had more time to think about this over the weekend and I would like your collaboration on a reform bill with some passage lifted from a few sites.  This reform bill would include an amnesty bill for arrears, as well other reforms to the system.  I placed 3 polls on the site and only gotten a few votes but would like to compile a comprehensive bill with the input from people like your self start circulation as a template.  Many here need immediate help and should start a separate process of equal rights and equal treatment.  The most important thing you have mention was the angry or jilted NCP appearance. CSE/Judges and Congressman see this everyday and right or wrong are sometimes indifferent to our problems.

The main points to address are and it could be more

Paternity
Uniform Child Support Reform
Uniform Custody reform
Uniform CSE/Judial Accountability Report
State/Federal Referendum


The reform bill would similar to this
Child Support Reform Bill
Child Supports guidelines will convert from percentages or sums to a flat graduate amount based on a pay range allowing NCP discretionary income. The new formula would be based on dependent federal tax exemption, affordable low cost health insurance, median Apt/housing cost and the (SER) separate residence program.
a.   Obligor/NCP who are court ORDERED to pay child support court ORDERS will automatically be suspended (by State Statute) when the obligor is in jail or prison or in the hospital or becomes unemployed for more then 60 days.
b.   In the case of unemployment for more than 60 day, the obligor/father/mother will become part of a special ''AFFIRMATIVE ACTION'' employment seeking group for employers to use as hiring resources.
c.   Obligors who are Court Ordered to pay Child Support should be EXEMPT from the Child Support Order, or have the Child Support Order suspended when child for support is being paid runs away from home; obligor income is at or below the ''Federal Poverty Level'' for pre-established period. 
d.   Obligor/Fathers/NCP who are required to pay Child Support for an adult child, (over age 18 and attending school) should have a Federal Income Tax credit for the Child Support money being paid and a benefit requiring the adult child to contribute 1% of his or her
e.   The State shall grant each NCP a one time amnesty offer on one case which includes an established penalty fine.  Repeat case or habitual case will not receive amnesty consideration.-Paternity approved cases or adoption and paternity evidence verification only
f.   Additionally, Social Security checks should be protected by law from Child Support garnishment.
g.   Custodial Parent Accountability Report: Standard Quarterly report to provided to Court and NCP parent by CP.
h.   Separate Resident Parents program for Parents making 40K or less and receives/pays Child Support. $250 State credit to both parents and Job assistance and homeowner resources for low income families.
Waste Fraud and Abuse Prevention in the family courts and Child Support Enforcement System
a.   Felony charges levied against  an oblige/CP, or member of the Child Support     Enforcement Staff to leave the name of an obligor who is dead, on the rolls support enforcement for collection purposes;
b.   All administrative support cases must be reviewed by a Judge at a Court Hearings Process with Court notification to the proposed obligor;
c.    All Domestic Relations Courts will publish, on or near the Court room door it's 2 year record of child custody awards of mothers vs. fathers in an attempt to show fairness between the genders.
d.   Customer service surveys, custody award data, and justice rulings will be made available to parents via web.
e.    Education and Sensitivity training for Child Support Enforcement employees
f.   The Child Support Enforcement Office(s) will be audited annually by an independent agency. Undistributed and undeliverable funds will be refunded to NCP with 30 days perhaps because the obligee moved without a forwarding address.
g.   The State Office of Child Support Enforcement shall provide one semester of high school class for male/ female students form and educate them as to the purpose and function of the Child Support Enforcement. *The student should learn this at about the tenth grade level so they can see their parent's tax dollars at work.

Statue of Limitation
The Child Support Enforcement Department and/or the Judicial system shall have ten, (10) years STATUTE of LIMITATIONS to initiate and/or collect child support.

I would like your feedback addition deletion whatever you think would be necessary..ie provisions for military like myself and others here.

[JLN64]

X-Oly--

Wow, you've put a lot of thought into this--have you sent your suggestions off to your legislator yet?

You've made some excellent points.  I made some notes, now I have to do some reading. 

When I wrote the congressman, I was really just trying to find some answers and have some of the issues in my husband's case addressed.  The more I researched and the more case law I read; the more disgusted I got with the status of the whole system. 

All of my experience has been dealing with interstate issues (more than one state is involved).  Those are the regs I know pretty well--UIFSA, URESA, FFCCSOA, etc.  And primary with support issues...

Like I said, let me do some reading and I'll get back to you tomorrow

[JLN64]

In 2003, the ACF published a report entitled, "Managing Child Support Arrears: A Discussion Framework."  It can be found on the ACF website.

http://www.acf.hhs.gov/programs/cse/pubs/2003/reports/arrears/#N1008C

There is an entire section dedicated to incar. NCP's.  Many states do have a program in place (or at least did) for suspending orders while the NCP was in jail.  Of course, these same morons will threaten the NCP with incar. if they aren't paying--which makes no sense at all--but that's another topic.

Many studies can be found if you search for information on Low Income NCP's.  The primary problem is that Bill Clinton tied Child Support to Welfare...I believe the minimum payment that can be set is $50 a month.  But even if you are current with your support, if your ex every collected assistance, the state can come back and attempt to recoup those monies.  Some will offer forgiveness if you are current, but not all.

And let's not even talk about charging interest.  Most NCP's who have gotten way behind, owe more in interest than they do in principal.

As far as amnesty goes, as long as the Bradley Amendment is on the books--it's never gonna happen.  They must REPEAL THE BRADLEY AMENDMENT!!!  Because of this act, arrears cannot be expunged--ever!!  There have been some test programs, but there were primarily focused at collection.  If the NCP came in during a specificed timeframe, they wouldn't be arrested.  But they still had to come up with a lump sum payment and stay current from then on...

I've always thought that the NCP should be able to deduct child support and the CP should have to report it as income.  We had the rare priv. of being able to take the kids on our taxes as dependants.  It was in the divorce decree.  It didn't completely offset the amount we were paying, but it helped us out substantially.

Most state already have a statute of limitations.  There are also laws about retroactive support.  Most states say you can only enforce back to the date the motion was filed--something about your lack of action shouldn't allow you to collect a windfall later.....It was to stop CP's from not collecting and then suing for 18 years of back support.

The surveys, training, audits--all great ideas.  The CP Accountability form is a good idea but I doubt it will ever happen.

Honestly, much of this is already on the books.  It's a lack of oversight of the CSEA's that is allowing them to get away with the crap they pull.  For example, it's on the books that the CP or NCP can initate a review every 3 years (sooner depending on specific conditions).  The problem is, that if you don't realize that there is anything questionable going on, why ask for the review.  They did that in our case.  They ran up the difference between divorce decree and a subsequent order for 6 years before they told us.  BAM--here's your bill for $31K+. 

And the biggest complaint you'll hear is that they don't have enough funding to hire the number of employees they need to cover all the cases properly.  Which brings us to the next act that needs to be repealed--the one dealing with federal incentive funds (they get federal money based on how much they collect)

Check out WNEM.com.  That's a station here in Mich that is running a multi-part investigation of "Dead Beat Dads"  you can watch the clips on their website. 

The biggest problem in general that we are going to have to deal with is the number of NCP's who can pay and just don't or won't.  You know the one bad apple syndrome.  The guys who hide assets, go underground, quit their jobs when the withholding order shows up, etc, etc, etc., are wrecking it for the one's that do pay and then suffer some sort of financial setback.  There are a lot of unsympathetic judges out there to be sure, but it's because they have heard so many disgenuious "stories" about why someone hasn't paid support, they just don't want to listen anymore. 

Ahh, and the undeliverable funds that revert to the state coffers after a specified amount of time.  How hard does anyone really believe they try and find the CP.  It bugs me because we are talking about millions and millions of dollars.  Every dollar that comes into that office is connected with a court order somewhere.  And nowadays, most funds are being paid by income withholding....so I just can't understand the argument that they don't know where to send the money.  And how many CP's are going to just walk away from the monthly stipend? 

As far as custody and equal parenting goes, I'm pretty weak on the laws (or lack there of) in the custody arena.  Maybe there's someone else out there that can offer suggestions on those topics.   Hope some of this helps...

[Brandy Fee]

Wow, a lot of great information here - we definitely need to keep this close!  Thank you all so much for sharing, I have got a lot of research to do before I start my own letters, but at least now I have somewhere to start!  Thanks again!

[hadenough40]

Nothing again...just bringing it to the top.

I asked admin about starting a new board for actual instructions, templates, legal info., etc.