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                                        | Child 
                                          Support Guidelines - Support or Extortion? | 
                                       
                                       
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                                                Most 
                                                    judges are breaking the law 
                                                    as they please on child support 
                                                    by denying due process, imputing 
                                                    income only to men, forcing 
                                                    you (men) into jobs they don't 
                                                    want and many other violations 
                                                    of constitutional rights. 
                                                    This is intimidation to force 
                                                    you to effectively become 
                                                    a slave to the state and your 
                                                    ex-wife.  All this is 
                                                    hidden under the claim this 
                                                    is in the "best interest 
                                                    of the children".  
                                                    Who could argue with what's 
                                                    best for the children is maximum 
                                                    access to both parents?  
                                                    Most fathers want to support 
                                                    their children in ways other 
                                                    than financially by having 
                                                    them in their home. Child 
                                                    support is effectively a blackmail 
                                                    or extortion system whereby 
                                                    the state takes you children 
                                                    unconstitutionally, and then 
                                                    uses that excuse to charge 
                                                    you extortion fees weekly 
                                                    for the privilege of NOT having 
                                                    your children!   
                                                    You will find here many pages 
                                                    of true stories and reference 
                                                    material.  | 
                                               
                                               
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                                                | This page has 
                                                  a listing of all the information 
                                                  on this site on the issue of 
                                                  child support. Although much 
                                                  is Massachusetts specific, the 
                                                  worst state in the nation according 
                                                  to many, the bulk of the information 
                                                  outside of actual child support 
                                                  calculation figures is likely 
                                                  to apply.  | 
                                               
                                               
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                                                | Child Support 
                                                  Enforcement is WELFARE. It is 
                                                  paid for exclusively out of 
                                                  the Title IV-D of Title 42 USC 
                                                  655 & 42 USC 658. | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                | 3 
                                                  Minute 50 Second Podcast on 
                                                  the Issue | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                | <http://www.census.gov/population/www/socdemo/hh-fam/cps2004.html> | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                | Child-Support 
                                                  Payments now 4.6 million - Number 
                                                  of fathers who provide child 
                                                  support. All in all, 84 percent 
                                                  of child-support providers are 
                                                  men, who provide median payments 
                                                  of $3,600 annually. | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                | http://www.census.gov/Press-Release/www/releases/archives/income_wealth/004012.html | 
                                               
                                               
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                                                | Information 
                                                  Offered to the Child Support 
                                                  Review Committee: | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                |  
                                                    
                                                    Letter to Anne Archer       
                                                    Child 
                                                    Support Hearings Letter 
                                                     
                                                    Guideline 
                                                    Review        
                                                         Guideline 
                                                    Debate     
                                                      Guidelines 
                                                    Hearings 
                                                     
                                                    Open 
                                                    Letter to Child Support Review 
                                                    Committee of Massachusetts 
                                                    Judicial System 
                                                     
                                                    Child 
                                                    Support Lunacy   
                                                     
                                                     
                                                    Non-Father 
                                                    Pays Child Support to Father 
                                                  Fathers 
                                                  Being Forced To Pay College 
                                                  Costs is Not Legal   
                                                  Child 
                                                  Support Over 18 Years of Age 
                                                  Child 
                                                    Support or Child Extortion? 
                                                  Child 
                                                    Support During College    
                                                    Child 
                                                    Support Boondoggle     
                                                    Child 
                                                    Support Explained   | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                | Financial 
                                                  Incentives and Kickbacks For 
                                                  More Child Support: | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                Federal 
                                                    Child Support Kickbacks     
                                                    Audio 
                                                    Podcast on How the State benefits 
                                                    of denying Parental Access 
                                                     
                                                       Child 
                                                    Support Kickbacks that help 
                                                    create this fraud    
                                                    More 
                                                    on Child Support Kickbacks 
                                                    
                                                        
                                                    Social Security, Welfare 
                                                    and Child Support Enforcement 
                                                      Fighting 
                                                    Contempt for Non-payment of 
                                                    Child Support 
                                                      Retroactive 
                                                    Child Support Legal?   
                                                    Repeal 
                                                    the Bradley Amendment 
                                                      Child 
                                                    Support Required of Wife 
                                                      Deadbeat 
                                                    Dad Propaganda Campaign  | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                | Child 
                                                  Support guidelines would/should 
                                                  meet the following criteria: | 
                                               
                                               
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                                                1. 
                                                    Child support should only 
                                                    be allowed when a father or 
                                                    mother abandon their child 
                                                    and refuse to take care of 
                                                    them and the parents can not 
                                                    agree among themselves what 
                                                    that should be. It should 
                                                    never be awarded if the parent 
                                                    wants to care for their children 
                                                    for 50% of the time. This 
                                                    is now proven better for children 
                                                    but the courts are still operating 
                                                    of "scientific research" 
                                                    from the 1950's. Giving custody 
                                                    to the other parent (illegally) 
                                                    is no reason to subject a 
                                                    parent to child support. 
                                                  2.  
                                                    Child support should not create 
                                                    the huge financial incentive 
                                                    it does for the custodial 
                                                    parent to get a free ride 
                                                    on the other parent for 18-23 
                                                    years. Child support would 
                                                    be capped at some reasonable 
                                                    and necessary level of expenses 
                                                    per child and shared equally 
                                                    by both parents, or in proportion 
                                                    to earnings. When a divorce 
                                                    happens it is ridiculous and 
                                                    unfair to expect the standard 
                                                    of living of two households 
                                                    to remain the same when the 
                                                    same income now supports both. 
                                                    The second parent must work 
                                                    more, as the first parent 
                                                    was likely already working 
                                                    full-time time. The second 
                                                    parent can not be made to 
                                                    work twice as much! 
                                                  3. Child 
                                                    support should be about the 
                                                    incremental cost of the children, 
                                                    not including the living expenses 
                                                    of the custodial spouse. Child 
                                                    support would take into account 
                                                    the real costs and the percentage 
                                                    of time the children spend 
                                                    with each parent.  Child 
                                                    support should NOT be a function 
                                                    of a parents income, but a 
                                                    function of what a reasonable 
                                                    and married parent would actually 
                                                    spend on the children (Massachusetts 
                                                    imply families spend 80% of 
                                                    their take-home pay on their 
                                                    children by charging dad 40% 
                                                    of take-home pay in child 
                                                    extortion.) Taking away a 
                                                    parents right to decide what 
                                                    to spend on their child after 
                                                    divorce denies them a right 
                                                    they have in marriage and 
                                                    creates a class of people 
                                                    that are discriminated against 
                                                    by this artificially created 
                                                    classification.  | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                | Massachusetts 
                                                  Web site sources:   
                                                  Child Support Enforcement Services    
                                                  Frequently 
                                                  Asked Questions About Child 
                                                  Support | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                Other 
                                                    Child Support Pages:  
                                                     
                                                     
                                                    Child Support Kickbacks            
                                                     
                                                    Child Support or Child Extortion    
                                                       
                                                    Lunacy         
                                                       
                                                    CS Explained    
                                                     
                                                     
                                                     
                                                    Child Support is the Cause 
                                                    of Many Suicides  
                                                   
                                                  Child support statistics 
                                                    -  
                                                    http://www.fathersforlife.org/CS/usa/child_support_data_us.htm  | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                | Arguments 
                                                  to make in court and motions: | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                1. 
                                                    You are a WILLING parent and 
                                                    no criminal neglect or abuse 
                                                    has been found against you. 
                                                    The fact that you want to 
                                                    be a parent is unacceptable 
                                                    to the State and to the Mom 
                                                    because in order to profit 
                                                    from your children they have 
                                                    to say you are not around 
                                                    or have abandoned the children. 
                                                      2. The State is engaged 
                                                    in LIMITING your involvement 
                                                    by ORDER. 
                                                      3. The Mom is engaged 
                                                    in LIMITING your involvement 
                                                    by DENYING YOU MORE TIME. 
                                                      4. The State and Mom 
                                                    are now working together to 
                                                    make the argument that you 
                                                    have abandoned the family 
                                                    because you are not present. 
                                                      5. The State and Mom 
                                                    are forcing you into having 
                                                    to turn over your finances 
                                                    (WARD OF THE STATE) to someone 
                                                    else. You are being penalized 
                                                    without a finding that you 
                                                    have committed a crime. 
                                                      6. The State and Mom 
                                                    are BOTH welfare recipients 
                                                    (State from Fed) (Mom from 
                                                    State & You) because she 
                                                    cannot maintain her own home 
                                                    without your resources. The 
                                                    State cannot fit you into 
                                                    the Title IV-D Welfare model 
                                                    unless you have limited involvement 
                                                    with your child. 
                                                      7. The State is aiding 
                                                    in the neglect of your child 
                                                    because Mom cannot sustain 
                                                    her own Home and is a welfare 
                                                    recipient. She is unfit and 
                                                    the State and She is trying 
                                                    to make you pay for it. 
                                                      8. If the State wants 
                                                    to limit your involvement 
                                                    and your ex is denying you 
                                                    contact, then the State should 
                                                    be taking care of welfare 
                                                    recipient, not you. You should 
                                                    continue to enjoy the same 
                                                    freedoms as before the separation.  | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                Web 
                                                    site dedicated to Child Support 
                                                    Issues -  
                                                    http://www.supportguidelines.com/main.html 
                                                  Great Resources Page:  
                                                    http://www.supportguidelines.com/resources.html 
                                                  Recent Child Support Cases 
                                                     
                                                    http://www.supportguidelines.com/articles/news.html 
                                                  Imputed income must be proven 
                                                    by opposing side even when 
                                                    past income has reached this 
                                                    level  | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                Buchholz 
                                                    v. Buchholz, 166 
                                                    S.W.3d 146 (Missouri Court 
                                                    of Appeals, Southern District, 
                                                    July 7, 2005): The trial court's 
                                                    imputation of income to the 
                                                    husband in the amount of $145,000 
                                                    was not supported by substantial 
                                                    evidence, despite evidence 
                                                    that the husband earned approximately 
                                                    $145,000 per year prior to 
                                                    failure of his business and 
                                                    his filing for bankruptcy, 
                                                    and despite the court's finding 
                                                    that the husband's testimony 
                                                    concerning his efforts to 
                                                    obtain employment was not 
                                                    credible, since the wife presented 
                                                    no evidence that the husband 
                                                    had made less than a good 
                                                    faith effort to obtain employment 
                                                    or that such employment was 
                                                    available, and nothing in 
                                                    the record indicated that 
                                                    the husband's diminished income 
                                                    was the result of a deliberate 
                                                    or voluntary attempt to avoid 
                                                    support obligations.   | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                
  | 
                                               
                                               
                                                L. 
                                                  P. Hollander Company v. William 
                                                  H. Porter, 267 Mass. 378; 166 
                                                  N.E. 724; 1929    
                                                  Common Law right of reciprocals 
                                                  again: "When a father has 
                                                  the duty to support his child 
                                                  he has a right to determine 
                                                  what the character of that support 
                                                  shall be." | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                LEGAL 
                                                    PRIMER ON CHILD SUPPORT 
                                                   
                                                      
                                                   
                                                    QUESTION: 
                                                    What is the maximum amount 
                                                    that they can take out for 
                                                    arrearages in child support 
                                                    under the law? 
                                                   
                                                      
                                                   
                                                    ANSWER: 
                                                    The answer is provided in 
                                                    15 USCS § 1673.  Although 
                                                    most creditors can only take 
                                                    25% of your “disposable earnings,” 
                                                    child support is divided into 
                                                    three categories: 
                                                   
                                                      
                                                   
                                                    1.   
                                                    If 
                                                    you supporting others, no 
                                                    more than 50% of your income. 
                                                   
                                                    2.   
                                                    If 
                                                    you are not supporting others, 
                                                    no more than 60% of your “disposable 
                                                    income,” unless arrears are 
                                                    more than 12 weeks, which 
                                                    it can go up to 65% of  
                                                    your “disposable  income.” 
                                                   
                                                      
                                                   
                                                    “Disposable 
                                                    income” certainly includes 
                                                    income only after taxes and 
                                                    social security are removed. 
                                                   
                                                      
                                                   
                                                    The 
                                                    law is unclear about child 
                                                    support. 
                                                   
                                                      
                                                   
                                                    15 
                                                    USCS § 1673 (2005) 
                                                     
                                                    § 1673.  Restriction 
                                                    on garnishment  
                                                     
                                                    (a) Maximum allowable garnishment. 
                                                    Except as provided in subsection 
                                                    (b) and in section 305 [15 
                                                    USCS § 1675], the maximum 
                                                    part of the aggregate disposable 
                                                    earnings of an individual 
                                                    for any workweek which is 
                                                    subject to garnishment may 
                                                    not exceed 
                                                       (1) 25 per centum 
                                                    of his disposable earnings 
                                                    for that week, or 
                                                       (2) the amount 
                                                    by which his disposable earnings 
                                                    for that week exceed thirty 
                                                    times the Federal minimum 
                                                    hourly wage prescribed by 
                                                    section 6(a)(1) of the Fair 
                                                    Labor Standards Act of 1938 
                                                    [29 USCS § 206(a)(1)] in effect 
                                                    at the time the earnings are 
                                                    payable, 
                                                      
                                                    whichever is less. In the 
                                                    case of earnings for any pay 
                                                    period other than a week, 
                                                    the Secretary of Labor shall 
                                                    by regulation prescribe a 
                                                    multiple of the Federal minimum 
                                                    hourly wage equivalent in 
                                                    effect to that set forth in 
                                                    paragraph (2). 
                                                      
                                                    (b) Exceptions. 
                                                       (1) The restrictions 
                                                    of subsection (a) do not apply 
                                                    in the case of-- 
                                                          
                                                    (A) any order for the support 
                                                    of any person issued by a 
                                                    court of competent jurisdiction 
                                                    or in accordance with an administrative 
                                                    procedure, which is established 
                                                    by State law, which affords 
                                                    substantial due process, and 
                                                    which is subject to judicial 
                                                    review. 
                                                          
                                                    (B) any order of any court 
                                                    of the United States having 
                                                    jurisdiction over cases under 
                                                    chapter 13 of title 11 of 
                                                    the United States Code [11 
                                                    USCS §§ 1301 et seq.] 
                                                          
                                                    (C) any debt due for any State 
                                                    or Federal tax. 
                                                       (2) 
                                                    The maximum part of the aggregate 
                                                    disposable earnings of an 
                                                    individual for any workweek 
                                                    which is subject to garnishment 
                                                    to enforce any order for the 
                                                    support of any person shall 
                                                    not exceed-- 
                                                          
                                                    (A) where 
                                                    such individual is supporting 
                                                    his spouse or dependent child 
                                                    (other 
                                                    than a spouse or child with 
                                                    respect to whose support such 
                                                    order is used), 50 per centum 
                                                    of such individual's  
                                                    disposable earnings 
                                                    for that week; and 
                                                          
                                                    (B) where 
                                                    such individual is not supporting 
                                                    such a spouse or dependent 
                                                    child described in clause 
                                                    (A), 60 per centum of such 
                                                    individual's disposable earnings 
                                                    for that week; 
                                                          
                                                    except that, with respect 
                                                    to the  
                                                    disposable earnings 
                                                    of any individual for any 
                                                    workweek, the 50 per centum 
                                                    specified in clause (A) shall 
                                                    be deemed to be 55 per centum 
                                                    and the 60 per centum specified 
                                                    in clause (B) shall be deemed 
                                                    to be 65 per centum, if and 
                                                    to the extent that such earnings 
                                                    are subject to garnishment 
                                                    to enforce a support order 
                                                    with respect to a period which 
                                                    is prior to the twelve-week 
                                                    period which ends with the 
                                                    beginning of such workweek. 
                                                      
                                                    (c) Execution or enforcement 
                                                    of garnishment order or process 
                                                    prohibited. No court of the 
                                                    United States or any State, 
                                                    and no State (or officer or 
                                                    agency thereof), may make, 
                                                    execute, or enforce any order 
                                                    or process in violation of 
                                                    this section. 
                                                     
                                                    15 USCS § 1673 
                                                   
                                                      
                                                   
                                                    The 
                                                    term disposable income is 
                                                    defined in 15 USCS § 1672: 
                                                   
                                                      
                                                   
                                                    15 
                                                    USCS § 1672 (2005) 
                                                   
                                                     
                                                    § 1672.  Definitions 
                                                     
                                                     
                                                    For the purposes of this title 
                                                    [15 USCS §§ 1671 et seq.]: 
                                                       (a) The term 
                                                    "earnings" means 
                                                    compensation paid or payable 
                                                    for personal services, whether 
                                                    denominated as wages, salary, 
                                                    commission, bonus, or otherwise, 
                                                    and includes periodic payments 
                                                    pursuant to a pension or retirement 
                                                    program. 
                                                       (b) The 
                                                    term "disposable earnings" 
                                                    means that part of the earnings 
                                                    of any individual remaining 
                                                    after the deduction from those 
                                                    earnings of any amounts required 
                                                    by law to be withheld. 
                                                   
                                                       
                                                    (c) The term "garnishment" 
                                                    means any legal or equitable 
                                                    procedure through which the 
                                                    earnings of any individual 
                                                    are required to be withheld 
                                                    for payment of any debt. 
                                                     
                                                    15 USCS § 1672 
                                                  
                                                   
                                                      
                                                   
                                                    One 
                                                    court has interpreted “disposable 
                                                    income” as meaning income 
                                                    after taxes, less one’s support 
                                                    obligation. 
                                                   
                                                      
                                                   
                                                    “As 
                                                    we construe title III of the 
                                                    Consumer Credit Protection 
                                                    Act (US Code, tit 15, §§ 1671-1677), 
                                                    the maximum amount which may 
                                                    be garnished from the earnings 
                                                    of an individual for any workweek 
                                                    is 25% of his "disposable 
                                                    earnings" (i.e., 
                                                    after-tax earnings 
                                                    [see US Code, tit 15, § 1672, 
                                                    subd [b]), except in the case 
                                                    of an order for support, in 
                                                    which event the maximum is 
                                                    50% of disposable earnings, 
                                                    and up to 60% where the individual 
                                                    receiving support is a spouse 
                                                    or dependent child (US Code, 
                                                    tit 15, § 1673).”  General 
                                                    Motors Acceptance Corp. v. 
                                                    Metropolitan Opera Asso., 
                                                    98 Misc. 2d 307, 308 (N.Y. 
                                                    Misc. 1978) 
                                                   
                                                      
                                                   
                                                    The 
                                                    court also held: 
                                                   
                                                      
                                                   
                                                    The 
                                                    above view of the Federal 
                                                    legislation is espoused by 
                                                    the Secretary of Labor, who 
                                                    is charged with the enforcement 
                                                    of its provisions (US Code, 
                                                    tit 15, § 1676), and whose 
                                                    interpretation, if not irrational 
                                                    or unreasonable, is to be 
                                                    accorded great weight ( Matter 
                                                    of Howard v Wyman, 28 NY2d 
                                                    434, 438; Brennan v Kroger 
                                                    Co., 513 F2d 961). Petitioner's 
                                                    contention that payroll deductions 
                                                    required under a support order 
                                                    should not be included when 
                                                    computing the percentage reduction 
                                                    of a  [*309]  debtor's 
                                                    disposable earnings is not 
                                                    an accurate reading of the 
                                                    language of the statute. 
                                                    HN4The term "garnishment" 
                                                    is not restricted but includes 
                                                    any legal or equitable procedure 
                                                    through which the earnings 
                                                    of an individual are required 
                                                    to be withheld for payment 
                                                    of any debt -- thus encompassing 
                                                    orders of support as well 
                                                    as ordinary creditor-debtor 
                                                    garnishments (see US Code, 
                                                    tit 15, § 1672, subd [c]). 
                                                    The cases relied upon by [***5]  
                                                    petitioner (e.g., Costa v 
                                                    Chevrolet-Tonawanda Div. of 
                                                    Gen. Motors Corp., 53 Misc 
                                                    2d 252, affd 24 AD2d 732) 
                                                    antedate the passage of title 
                                                    III of the act, and are not 
                                                    controlling. This court is 
                                                    bound to give precedence to 
                                                    the provisions of the Federal 
                                                    statute (US Code, tit 15, 
                                                    § 1673, subd [c]), and we 
                                                    decide the case in a manner 
                                                    which will best further the 
                                                    manifest congressional purpose 
                                                    of maximizing a debtor's share 
                                                    of his own earnings.  
                                                     
                                                    General Motors Acceptance 
                                                    Corp. v. Metropolitan Opera 
                                                    Asso., 98 Misc. 2d 307, 308-309 
                                                    (N.Y. Misc. 1978) 
                                                    
                                                   
                                                    Other 
                                                    courts appear to disagree. 
                                                      
                                                   
                                                      
                                                   
                                                    Alimony 
                                                    and child support payments, 
                                                    even if ordered by court, 
                                                    are not "amounts required 
                                                    by law to be withheld" 
                                                    and therefore must be included 
                                                    in debtor's "disposable 
                                                    earnings" within meaning 
                                                    of § 302(b) of the Consumer 
                                                    Credit Protection Act (15 
                                                    USCS § 1672(b)). 
                                                     
                                                     
                                                     
                                                    First Nat'l Bank v Hasty (1976, 
                                                    ED Mich) 415 F Supp 170, 
                                                    affd without op (1977, CA6 
                                                    Mich)  
                                                     
                                                     
                                                    573 F2d 1310 
                                                    and affd without op (1977, 
                                                    CA6 Mich)  
                                                     
                                                     
                                                    573 F2d 1310. 
                                                   
                                                      
                                                   
                                                    Biweekly 
                                                    wage assignment of $130 for 
                                                    child support previously ordered 
                                                    in dissolution of marriage 
                                                    action is part of wage earner's 
                                                    disposable earnings within 
                                                    meaning of  
                                                     
                                                     
                                                    15 USCS § 1672(b), 
                                                    since amounts withheld pursuant 
                                                    to court order are not "required 
                                                    by law to be withheld," 
                                                    which means deductions for 
                                                    federal, state and local withholding 
                                                    taxes, and social security 
                                                    taxes.  
                                                     
                                                     
                                                    Koethe v Johnson (1982, Iowa) 
                                                    328 NW2d 293.  | 
                                               
                                               
                                                |   | 
                                               
                                               
                                                 
                                                    Deadbeat 
                                                      Dad Propaganda Continues 
                                                     
                                                      Progress is Being Made In 
                                                      Father's Rights Now 
                                                     
                                                      Events like the one detailed 
                                                      below are still happening 
                                                      where the press and politicians 
                                                      do not understand the real 
                                                      problem is not "deadbeat 
                                                      dads", this is just 
                                                      a symptom. Unfair and illegal 
                                                      orders for child support, 
                                                      which are really "child 
                                                      extortion", because 
                                                      they are five to ten times 
                                                      the actual cost of raising 
                                                      a child are the REAL problem. 
                                                       Fathers should be 
                                                      paying only one half of 
                                                      the actual cost of raising 
                                                      children, unless THEY decide 
                                                      not to do their part and 
                                                      WANT to pay the mother to 
                                                      take more responsibilities, 
                                                      shifting some (not all) 
                                                      of the financial burden. 
                                                     
                                                      The political establishment 
                                                      is beginning to get the 
                                                      message that things MUST 
                                                      change, but there is a long 
                                                      way to go on the "Shared 
                                                      Parenting" journey. 
                                                      Shared parenting is the 
                                                      only constitutional solution 
                                                      that respects the rights 
                                                      of both fathers and mothers. 
                                                      Politicians seek to cuddle 
                                                      up to the feminist political 
                                                      powerbase that has no male 
                                                      equivalent yet. Times are 
                                                      a changing though. Take 
                                                      action. Join one of  
                                                      these groups and contribute 
                                                      $5 per month - instead of 
                                                      tens of thousands a year 
                                                      extra for up to 23 years! 
                                                     
                                                      This is an example of what 
                                                      happens to NCPs who -- for 
                                                      whatever reason -- fail 
                                                      to appear in court to defend 
                                                      themselves. This sort of 
                                                      story -- and the actions 
                                                      of these 30 people -- sets 
                                                      the movement back years 
                                                      and simply justifies those 
                                                      in the Democratic Party 
                                                      -- and elsewhere -- who 
                                                      perpetuate the HOAX of the 
                                                      "deadbeat Dad." 
                                                      
                                                    
                                                   
                                                    
                                                       
                                                        |  
                                                            
                                                            A Beautiful and to 
                                                            the Point Letter 
                                                           
                                                            Reprint - Letter to 
                                                            the Editor, The Trinitonian, 
                                                            April 22, 2005, San 
                                                            Antonio, Texas 
                                                          Dear 
                                                            Editor, 
                                                          Your 
                                                            April 15 article, 
                                                            “Former rushing champ 
                                                            pays for child,” said 
                                                            that Ricky Williams, 
                                                            former running back 
                                                            for the Miami Dolphins, 
                                                            was ordered to pay 
                                                            $4,200 per month in 
                                                            child support for 
                                                            his son.  
                                                          If 
                                                            my math is correct, 
                                                            this will equal $50,400 
                                                            per year.  Also, 
                                                            if my math is correct, 
                                                            according to calculations 
                                                            from the 2004 US Department 
                                                            of Health and Social 
                                                            Services*, 
                                                            this is approximately 
                                                            the poverty level 
                                                            for a family of 10 
                                                            in Hawaii, where the 
                                                            mother chooses to 
                                                            reside.  
                                                           
                                                            Certainly both parents 
                                                            should support their 
                                                            child. But it is figures 
                                                            like these that show 
                                                            the Child Support 
                                                            Industry is totally 
                                                            out of whack. The 
                                                            concept of 50/50 shared 
                                                            parenting would bring 
                                                            a much needed dose 
                                                            of realism to a misandric 
                                                            legislative and judicial 
                                                            system.  
                                                           
                                                            Justice for fathers 
                                                            is not found in family 
                                                            courts; this must 
                                                            change. 
                                                          Don 
                                                            Mathis 
                                                           
                                                              
                                                          
                                                           
                                                            Most of us agree that 
                                                            the child support 
                                                            system is very wrong. 
                                                            Take for instance 
                                                            my case when I got 
                                                            divorced. If $20,000.00 
                                                            of the ex's income 
                                                            is to go towards day 
                                                            care, well then my 
                                                            judge gave her another 
                                                            $20,000.00 on top 
                                                            of that. Basically 
                                                            my ex is not supporting 
                                                            my children, all she 
                                                            is doing is letting 
                                                            them sleep in the 
                                                            house. My income is 
                                                            roughly 750.00 before 
                                                            taxes. Of that I must 
                                                            pay $334 per week 
                                                            for child support. 
                                                            Another 75.00 per 
                                                            week for day care. 
                                                            and if my children 
                                                            go to camp in the 
                                                            summer which they 
                                                            do, I must pay an 
                                                            additional 1/3 for 
                                                            the cost of the camp. 
                                                            which this year it 
                                                            came to 3200.00. then 
                                                            I must pay 1500.00 
                                                            (500 per child) in 
                                                            clothing allowance 
                                                            on September 1st and 
                                                            December 1st. Oh and 
                                                            the house that we 
                                                            owned together, when 
                                                            she sold it. I had 
                                                            to pay not only for 
                                                            my divorce lawyer, 
                                                            but hers as well, 
                                                            and she was the one 
                                                            who wanted the divorce. 
                                                            All this the judge 
                                                            gave her because he 
                                                            once practiced law 
                                                            in the same firm as 
                                                            her lawyer. But you 
                                                            figure out the math. 
                                                            I am forced to live 
                                                            on a meager existence 
                                                            of around 75 dollars 
                                                            a week. Thank god 
                                                            I have  a girl 
                                                            friend.  
                                                           
                                                              
                                                          
                                                           
                                                            Fathers 
                                                            are carrying the entire 
                                                            financial burden of 
                                                            children and more. 
                                                            This is NOT equal 
                                                            rights for women! 
                                                           
                                                              
                                                          
                                                          Elmer 
                                                            Stratton <ebstratton@comcast.net> 
                                                            wrote: 
                                                           
                                                             
                                                              Disabled 
                                                              for the last year, 
                                                              unable to get a 
                                                              doctor to clear 
                                                              me for work, a year 
                                                              of no income and 
                                                              finally getting 
                                                              disability of 846 
                                                              dollars a month. 
                                                             
                                                              So 
                                                              this puts me behind 
                                                              about 6, 000 dollars 
                                                              in support, the 
                                                              mother and her lawyer 
                                                              is demanding 1,000 
                                                              dollars by Tuesday 
                                                              or they will ask 
                                                              the judge for jail 
                                                              time. 
                                                             
                                                              I 
                                                              made the mistake 
                                                              last month of borrowing 
                                                              1,000 dollars, but 
                                                              now  there 
                                                              isn’t any way I 
                                                              can come up with 
                                                              any money, most 
                                                              of my family know 
                                                              it would be next 
                                                              to impossible to 
                                                              repay, But the mother 
                                                              thinks 30 days in 
                                                              jail will produce 
                                                              1,000 dollars. 
                                                             
                                                              I’m 
                                                              really thinking 
                                                              of not going to 
                                                              court Tuesday, so 
                                                              I can spend the 
                                                              holidays with my 
                                                              family, but couldn’t 
                                                              with my youngest, 
                                                              because the mother 
                                                              would have me arrested. 
                                                             
                                                              Not in the next 
                                                              few weeks my 5 year 
                                                              old will have her 
                                                              tonsils removed, 
                                                              and there is no 
                                                              way I can help her 
                                                              through this. 
                                                             
                                                              It would be nice 
                                                              if all available 
                                                              people could protest 
                                                              the court, mother 
                                                              and her attorney, 
                                                              because I feel they 
                                                              would be right if 
                                                              I was eligible to 
                                                              go to work, but 
                                                              I’m not. 
                                                            People often say you 
                                                            can’t get blood from 
                                                            a stone, but the court 
                                                            will surely try, 
                                                              
                                                              Also 
                                                              finally after 8 
                                                              month my motion 
                                                              to modify will be 
                                                              heard but not before 
                                                              going up about 3,500 
                                                              dollars, no way 
                                                              can I believe the 
                                                              court will agree 
                                                              to it retroactive.  
                                                             
                                                              Elmer 
                                                             
                                                              ebstratton@comcast.net  
                                                             | 
                                                       
                                                     
                                                   
                                                   
                                                     
                                                     
                                                     
                                                       
                                                      Parents Without Rights and 
                                                      Florida Civil Rights Council 
                                                     
                                                      POB 
                                                      480089, Fort Lauderdale, 
                                                      Florida 33348-0089 
                                                     
                                                      URL: 
                                                       
                                                      www.ParentsWithoutRights.org and 
                                                       
                                                      www.CRCFlorida.org 
                                                      VOX:  954-630-3655 
                                                     
                                                      BLOG: 
                                                       
                                                       
                                                      http://parentswithoutrights.blogspot.com/ 
                                                     
                                                        
                                                     
                                                      Parents 
                                                      Without Rights sponsors 
                                                      the JAIL 4 Judged:  
                                                       
                                                       
                                                      http://groups.yahoo.com/group/FloridaJail4Judges/ 
                                                     
                                                      Parents 
                                                      Without Rights sponsors 
                                                      the CRC's class action suit: 
                                                        
                                                       
                                                      www.IndianaCRC.org  
                                                     
                                                     
                                                      Parents 
                                                      Without Rights is the Florida 
                                                      liaison for the Million 
                                                      Dads March. Please visit 
                                                       
                                                       
                                                      www.MillionDadsMarch.org 
                                                       
                                                      Michael the Black Man is 
                                                      changing! Coming soon, the Michael 
                                                      the Black Man Television 
                                                      Program. Please visit 
                                                        
                                                       
                                                      www.Boss-Media.net 
                                                       
                                                     
                                                      Miguel 
                                                      Martin needs YOUR support 
                                                      for the class action suit 
                                                      he filed in behalf of all 
                                                      non-custodial parents in 
                                                      Florida:   
                                                       
                                                      www.ParentsBeforeTheCourt.org. 
                                                      
                                                     
                                                     
                                                      By The Associated Press 
                                                       
                                                       
                                                      NEW HAVEN, Conn. (AP) -- 
                                                      State marshals arrested 
                                                      30 parents accused of owing 
                                                      more than $1 million in 
                                                      child support payments during 
                                                      a sweep conducted in New 
                                                      Haven County Friday night 
                                                      through yesterday. The roundup 
                                                      was an effort by the state 
                                                      attorney general's office, 
                                                      the Department of Social 
                                                      Services, the Judicial Branch 
                                                      and the State Marshal Commission 
                                                      targeting parents who have 
                                                      ignored orders to appear 
                                                      in court for unpaid child 
                                                      support.  
                                                       
                                                      Six parents arrested each 
                                                      owed more than $50,000 in 
                                                      back support payments, and 
                                                      17 owed more than $20,000 
                                                      apiece, authorities said. 
                                                      "This sweep sends a 
                                                      stark and simple message: 
                                                      Show up in court or you'll 
                                                      be picked up," Attorney 
                                                      General Richard Blumenthal 
                                                      said. "Whether they 
                                                      are dead broke or deadbeats, 
                                                      parents have an obligation 
                                                      to appear in court and to 
                                                      support their children." 
                                                       
                                                       
                                                      Blumenthal added that enforcement 
                                                      such as the arrests over 
                                                      the weekend is only one 
                                                      part of the solution. He 
                                                      said the state also needs 
                                                      programs to reconnect absentee 
                                                      parents with their children, 
                                                      strengthen emotional bonds 
                                                      and encourage parental responsibility. 
                                                      Social Services Commissioner 
                                                      Patricia Wilson-Coker said 
                                                      the weekend's sweep was 
                                                      an extreme measure, but 
                                                      it served as a reminder 
                                                      that the state will do everything 
                                                      possible to ensure that 
                                                      children get the financial 
                                                      support they deserve.  
                                                       
                                                      Parents who were arrested 
                                                      were taken to the Whalley 
                                                      Avenue jail in New Haven. 
                                                      Those who posted bail were 
                                                      given court dates to face 
                                                      contempt hearings. Others 
                                                      who were unable to post 
                                                      bond were to appear in court 
                                                      today.   
                                                  Odds are 
                                                    most of these people have 
                                                    been financially crushed and 
                                                    devastated by the child support 
                                                    orders they got from courts. 
                                                    Would a dad who was married 
                                                    go to jail for losing their 
                                                    job, or falling behind on 
                                                    financial obligations? - Never-- 
                                                    that would be illegal!! 
                                                  Judges assume 
                                                    any father who is not making 
                                                    their child support payments 
                                                    is purposely "under-employed" 
                                                    and uses intimidation, jail 
                                                    and lack of due process to 
                                                    get money out of dad. This 
                                                    is almost never the case with 
                                                    mothers, showing great sexual 
                                                    discrimination, or invidious 
                                                    gender discrimination. 
                                                  http://www.cse.state.ma.us/reference/CSEEnforcementServ.htm 
                                                     
                                                    Here, MA admits the transferral 
                                                    of child support to the wider 
                                                    middle class as Lary has enumerated... 
                                                       
                                                    
                                                   Due Process 
                                                    Provisions 
                                                   
                                                  In Gray 
                                                    v. Commissioner of Revenue, 
                                                    422 Mass. 666 (1996), a case 
                                                    questioning whether DOR could 
                                                    seize property of a child 
                                                    support obligor in satisfaction 
                                                    of child support arrearages 
                                                    where the obligor was repaying 
                                                    the arrearage at the rate 
                                                    ordered by a probate court 
                                                    judge, the Supreme Judicial 
                                                    Court found that DOR’s procedures 
                                                    for administrative enforcement 
                                                    passed constitutional muster. 
                                                    The court rejected the noncustodial 
                                                    parent’s claims both that 
                                                    his due-process rights were 
                                                    violated and that the seizure 
                                                    and the statute under which 
                                                    it took place violated article 
                                                    30 of the Massachusetts Declaration 
                                                    of Rights, relating to separation 
                                                    of powers. With respect to 
                                                    the separation of powers claim, 
                                                    the SJC found that the Legislature’s 
                                                    conferring power upon DOR 
                                                    to levy property was not essential 
                                                    to the probate court’s power, 
                                                    and in fact it enforced the 
                                                    court’s authority under the 
                                                    order. Nor did the court find 
                                                    that DOR’s action was an unconstitutional 
                                                    executive modification of 
                                                    the court’s order, finding 
                                                    instead that the seizure was 
                                                    not in conflict with the decree, 
                                                    but entirely consistent with 
                                                    it. Finally, the court rejected 
                                                    the due-process claim, noting 
                                                    that the seizure had been 
                                                    preceded by a trial in which 
                                                    the arrearage was set, and 
                                                    that notice and an opportunity 
                                                    for administrative review 
                                                    had been provided. Looking 
                                                    at the governmental interest 
                                                    at stake, the court observed, 
                                                    "It is hard to imagine 
                                                    a more compelling state interest 
                                                    than the support of its 
                                                    children." Id., 
                                                    at 675. 
                                                     
                                                   
                                                   § 9.32 
                                                    CONCLUSION  
                                                   
                                                   
                                                   As 
                                                    child support becomes the 
                                                    critical safety net for families 
                                                    leaving or avoiding public 
                                                    assistance, the mission 
                                                    of the program continues to 
                                                    expand. At its inception in 
                                                    1975, Congress created a federal-state 
                                                    partnership designed to increase 
                                                    child support collections 
                                                    as a means of reimbursing 
                                                    the public fisc for public 
                                                    assistance costs. Since then, 
                                                    Congress has expanded the 
                                                    mission to require states 
                                                    to provide services to families 
                                                    not on public assistance, 
                                                    in the expectation that regular 
                                                    payment of child support will 
                                                    enable these families to remain 
                                                    self-sufficient. Congress 
                                                    has also pushed states to 
                                                    strengthen their enforcement 
                                                    remedies, with an ever-expanding 
                                                    arsenal of tough enforcement 
                                                    tools, ranging from universal 
                                                    wage assignments and computer-driven 
                                                    seizures of income and assets 
                                                    to license revocation and 
                                                    criminal prosecution. 
                                                   
                                                   Automation 
                                                    will reach approximately 60 
                                                    percent of child support obligors. 
                                                    In Massachusetts, for example, 
                                                    if the noncustodial parent 
                                                    has a job, a bank account, 
                                                    or a driver’s or professional 
                                                    license; collects unemployment 
                                                    or worker’s compensation; 
                                                    or pays taxes, DOR can probably 
                                                    collect support. It is more 
                                                    difficult to get at the self-employed, 
                                                    the unemployed, the underemployed, 
                                                    and the "under the table" 
                                                    employed. This remaining 40 
                                                    percent will therefore require 
                                                    a multi-pronged strategy for 
                                                    a multi-dimensional problem: 
                                                    high-visibility criminal prosecutions 
                                                    and other tough enforcement 
                                                    initiatives to continue to 
                                                    galvanize public attention 
                                                    and encourage voluntary compliance, 
                                                    accompanied by more sophisticated 
                                                    outreach programs that support 
                                                    positive and responsible involvement 
                                                    of fathers in the lives of 
                                                    their children and include 
                                                    collaboration with "seek 
                                                    work" and job training 
                                                    programs for low-income, unemployed 
                                                    fathers. 
                                                   As a result 
                                                    of the welfare reform debate, 
                                                    in a short amount of time, 
                                                    the long-term harmful consequences 
                                                    on children of growing up 
                                                    in a single-parent family 
                                                    have reached the public’s 
                                                    awareness. With a third of 
                                                    children born out of wedlock 
                                                    and half of marriages ending 
                                                    in divorce, more than half 
                                                    of the children of this generation 
                                                    will spend at least part of 
                                                    their childhood in a single-parent 
                                                    household. Of these, an estimated 
                                                    73 percent will experience 
                                                    periods of poverty during 
                                                    their minority, as compared 
                                                    to only 20 percent of children 
                                                    raised with two parents in 
                                                    the home. Perhaps worse than 
                                                    periodic economic deprivation 
                                                    are the increased risks of 
                                                    other social disadvantages. 
                                                    Children growing up with only 
                                                    one parent are three times 
                                                    more likely to have a child 
                                                    out of wedlock, 2.5 times 
                                                    more likely to become teen 
                                                    mothers, twice as likely to 
                                                    drop out of school, and 1.4 
                                                    times as likely to be idle 
                                                    -- out of school and out of 
                                                    work as young adults. They 
                                                    are at greater risk of substance 
                                                    abuse, depression, juvenile 
                                                    delinquency, and a host of 
                                                    other social dysfunctions. 
                                                    These risk factors cut across 
                                                    race, sex, parents’ education, 
                                                    and place of residence. McLanahan 
                                                    and Sandefur, Growing Up with 
                                                    a Single Parent, pp. 2-3, 
                                                    Harvard University Press (1994). 
                                                   While 
                                                    Congress and state legislatures 
                                                    should not legislate morality, 
                                                    they can support parent education 
                                                    programs that strengthen marriage 
                                                    and discourage out-of-wedlock 
                                                    births. Today the cultural 
                                                    norms that militate against 
                                                    marriage -- as reflected in 
                                                    television, movies and just 
                                                    everyday life -- seem well-entrenched. 
                                                    But not too long ago, the 
                                                    same might have been said 
                                                    about drunk driving and smoking 
                                                    tobacco. Well-conceived and 
                                                    well-executed campaigns to 
                                                    educate the public can work. 
                                                    And child support agencies, 
                                                    as the frontline professionals 
                                                    who deal with the fallout 
                                                    of divorce and unmarried parentage, 
                                                    are particularly well positioned 
                                                    to assist in this endeavor. 
                                                   By requiring 
                                                    states to put in place comprehensive 
                                                    child support programs, Congress 
                                                    has put teeth in the concept 
                                                    that becoming a parent and 
                                                    having children creates an 
                                                    irrevocable, nontransferable 
                                                    lien on the income and assets 
                                                    of each parent. Responsibility 
                                                    for financial support should 
                                                    not be transferred to the 
                                                    other parent or to the taxpayer 
                                                    except in extraordinary circumstances. 
                                                    Moreover, there will never 
                                                    be a good record on payment 
                                                    of current support unless 
                                                    states are also tough on collection 
                                                    of past-due support. Today’s 
                                                    current support unpaid becomes 
                                                    tomorrow’s arrears. Yesterday’s 
                                                    arrears, if not vigorously 
                                                    pursued, lead obligors to 
                                                    believe they can ignore today’s 
                                                    current support. When an obligor 
                                                    is permitted to accrue an 
                                                    arrearage with impunity, he 
                                                    or she has no incentive to 
                                                    comply with current support 
                                                    payments, and there is little 
                                                    to deter future noncompliance. 
                                                    For some, this is undoubtedly 
                                                    a tough stance. However, children 
                                                    need support on time and in 
                                                    full every week. And for those 
                                                    parents who do regularly make 
                                                    the necessary sacrifices to 
                                                    pay in full, it acknowledges 
                                                    their commitment by taking 
                                                    steps to ensure that all parents 
                                                    fulfill their financial responsibility 
                                                    to their children. 
                                                   
                                                    For the complete U.S. 
                                                    Constitution Click Here   
                                                   
                                                   Parental 
                                                    Rights Citations    
                                                    More 
                                                    Parental Rights Citations 
                                                      
                                                  The claim 
                                                    has been made that "The 
                                                    only debt you can be sent 
                                                    to jail for is child support 
                                                    becuase they have called it 
                                                    "not a debt" to 
                                                    get around the other laws. 
                                                    " 
                                                   
                                                    This is inaccurate because: 
                                                    a) child support IS a debt 
                                                    like any other debts when 
                                                    it becomes due. There is nothing 
                                                    special about it and therefore, 
                                                    maybe dealt with like any 
                                                    other ordinary debt i.e. it 
                                                    is subject to the Fair Trade 
                                                    Act, Fair Debt Collection 
                                                    Practices Act, the Consumer 
                                                    Credit Protection Act, and 
                                                    the protections of the Bankruptcy 
                                                    Code, etc, hence subject to 
                                                    discharge in bankruptcy. 
                                                    and as they can not jail one 
                                                    for debt, they can not do 
                                                    so either for child support. 
                                                    UNLESS, the debt (child support) 
                                                    was incurred through fraud 
                                                    which would make it criminal 
                                                    and an offence punishable 
                                                    by imprisonment. 
                                                     
                                                    In fact part of my Adversarial 
                                                    Proceeding argument on April 
                                                    24 in Worcester, deals with 
                                                    this issue of child support 
                                                    being an ordinary debt. 
                                                     
                                                    Also see  United States 
                                                    v. Bongiorno, 106 F.3d 1027, 
                                                    1032 (1st Cir. 1997), it was 
                                                    held that "state-court-imposed 
                                                    child support orders are 'functionally 
                                                    equivalent to interstate contracts'", 
                                                    rejecting the idea that child 
                                                    support payment obligations 
                                                    are somehow a "different" 
                                                    kind of debt.  Lewko 
                                                    at 68-69.  
                                                    See also:     
                                                    U.S. v. Sage, 92 F.3d 101, 
                                                    107 (2nd Cir. 1996)(child 
                                                    support is a commercial debt), 
                                                    and U.S. v. Parker, 108 F.3d 
                                                    28, 30-31 (3rd Cir. 1997)(child 
                                                    support a common, commercial 
                                                    debt)(The activity regulated 
                                                    by the Act [Child Support 
                                                    Recovery Act] falls within 
                                                    the broad definition of commerce 
                                                    adopted in Bishop.  Failure 
                                                    to make required payments 
                                                    gives rise to a "debt" 
                                                    which implicates economic 
                                                    activity).), U.S. v. Faasse, 
                                                    265 F.3d 475 (6th Cir. Michigan 
                                                    2001)(child support is a debt 
                                                    under the Commerce Clause). 
                                                     
                                                    2- Therefore, if they imprison 
                                                    one, by implication it indicates 
                                                    criminal contempt (as opposed 
                                                    to civil contempt that would 
                                                    be the domain of child support). 
                                                    And if it is criminal contempt, 
                                                    then one could invoke one's 
                                                    Constitutional right to remain 
                                                    silent and not respond. 
                                                    AND, the court would have 
                                                    to appoint a lawyer for one, 
                                                    if they go the route of criminal 
                                                    contempt (imprisonment). 
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