PETITION for CHILD SUPPORT REFORM

Petition for Child Support Reform

EVERYONE IS WELCOME AND ‘ENCOURAGED’TO COPY AND SEND A COPY OF THIS LETTER TO YOUR REPRESENTATIVES, LOCAL AND MAINSTREAM MEDIA, OUR PRESIDENT AND MEMBERS OF HIS ADMINISTRATION.

To whom it may concern,

It is with great respect that I am presenting our cause for relief on the following issues.

1.) Parental/Child Alienation
2.) Excessive Enforcement Actions;
Debtors’ Prison under the guise of Contempt of Court.
Drivers’ License Suspension
Professional License Suspension… etc.

Two questions that I hope to help answer by the completion of this letter is: What are the Family Courts, County, State and Federal level establishments up to and why?

and,

How has the American Tax Payer been lied to, wasting and costing us more money by a Money Hungry Machine that has no limits to its’ Greed.

On the19th of January 2010, I was given the opportunity to point out the root cause of the extremely serious problem within our Family Court System… unfortunately I didn’t seize that opportunity. I had been told at that meeting with the Honorable Senator Robert P. Casey Jr.’s correspondent Ms. Sara C. Mabry, that the Congress and Senate is aware that there is a problem, but do not know if it is at the State or Federal level.

My strong opinion (and it is shared by many), is that the problem exists at both State and Federal levels, however the solution rests at the Federal level. The root cause (catalyst of the horrific situations, fraud and abuse of tax payer dollars that are occurring presently), stems from the Welfare Reform Act Title IV-D and the FMS Federal Management Service that circulates monies collected through the Federal Reserve Bank.

Title IV-D is a ‘tax payer’ incentive program that allows the CSEO, Child Support Enforcement Office to receive a matched percentage of dollars from the Federal Government (tax payer), against monies documented as spent by CSEO for collecting child support payments. On the backside of this, are penalties for States that do not ‘produce’… proficiency penalties that cost the State money.

Title IV-D was originally sold to the American Public as a way to relieve tax payers from supporting single parents on welfare assistance and to get those receiving assistance off the welfare program. This has ‘intentionally’ failed totally, as recipients of welfare are now receiving two checks in the mail and no-one is leaving the welfare program; neither are they encouraged to do so. Why? Because welfare recipients LOCK both people involved into the Child Support System with no chance of escape. The tax payer (American Citizens), are actually spending more in tax dollars due to the fraud, waste and abuse of the Title IV-D incentive program.

To top that, there is a legal loop hole to get more non-welfare recipients into the Title IV-D program. (Individuals are intentionally found to be in arrears through loopholes in the law, thus forcing individuals that are not receiving welfare and that have no need to be in the Child Support System to be ‘locked’ into the Title IV-D Incentive Program… $$$.).

The following paragraph will give more detail and help clarify what we have spoken of thus far.

Locked in? If the custodial parent receives welfare, that immediately enrolls that couple into the Title IV-D program where they do not have the option to leave the Child Support system; ever. A non-custodial parent that has arrears imposed, or finds themselves unable to keep up financially with their Child Support obligations, also finds themselves locked into the Title IV-D program with no chance of ever escaping. (Even if the arrearages have been paid, that couple is forever imprisoned by the system dictating, visitation, custody… etc.). The situation where non-custodial parents are not found in arrears and the custodial parent is not receiving welfare assistance, those couples may come to an agreement and elect to leave the Child Support System. This is an ‘extremely’ rare set of circumstances, due to the fact that it is to the County, State and Federal Governments financial benefit to find any means possible to enroll couples within the Title IV-D Incentive Program. Many will owe arrears till the very day they depart from this world. The reason behind this will soon become clear when we get to the FMS Federal Management Service and their obigation in this ‘horrific’ mess.

ARE NUMBERS BEING INFLATED TO REFLECT MORE FUNDS SPENT BY CSEO TO COLLECT ON TITLE IV-D?

Brief preparatory example: While in the military I was stationed in Japan and working out of the SJA (Staff Judge Advocates), Office. Near the end of our fiscal budget year, I was given an order along with a fellow soldier, to go to supply and purchase any office related materials that we could get within a certain dollar amount allotted; whether we needed or ever intended to use the office supplies was insignificant. I did ask about this situation, because it really did not make any sense to me and seemed as if something was wrong. The Staff NCO could not fully explain, since he was under orders himself. But he did state that the reason we needed to do this was because this years’ expenditures had to at least match the previous years’ expenses or we would lose funding. Also stated was the military would have no means to petition for greater funding for the next fiscal year if we didn’t use up all the previous years’ funding. I didn’t know then that I participated in stealing from our own American Citizens. A little Honesty would have saved tax payers from what appears to be a present day epidemic of abuse within Federal Funding Programs.

The above example was given to simplify and to help make a mental note to the capabilities and possibilities of a claim made by Author Carol Rhodes, an ex-Director of Child Support Enforcement which turned whistleblower. She has documented the fraud and abuse of a system that she was in control of for nearly two decades. Her video presentation may be seen at PetitionChildSupportReform.com’s home page. She stated that her office was instrumental in training other Child Support Enforcement Offices…

PARENTAL ALIENATION AND THE MONEY MACHINE

According to HHS, Health and Human Services’ 2008 annual statistical report (which HHS uses a disclaimer as to the accuracy of the States numbers)(liability release)), there were 15.7 million cases enrolled in the Child Support system. That is 31.4 million individuals within the system, most of those are awarded Joint Custody; the right and ability to obtain school and medical records… HOWEVER, that is 15.7 million individuals that are not awarded Joint ‘Shared’ Custody! The difference is with Joint Shared Custody, that is to say 50/50 shared physical time spent with their child/ren, there would be no reason to collect child support. This in turn, with the loss of those ‘competent’ parents in the Child Support System, would mean that a ‘vast’ majority of the 15.7 million individuals would not be paying a $25 annual service fee established by President Bush’s “Deficit Reduction Act”, Subtitle C: Child Support sec. 7310 . A blatant ‘Act’ that has nothing what-so-ever to do with collecting money for the Children, nor saving tax payers money.

NOTE: Most non-custodial parents are found unfit through ‘Preponderance of Evidence’, one parent making strong and serious allegations against another without any evidence what-so-ever, which allows the Family Court to award greater physical custody of the child/ren to the parent making the accusation! The greater the difference in time spent with the child/ren, the greater the calculation of the money burden placed upon the non-custodial parent. ‘Beyond a Reasonable Doubt’ does not apply within the Family Court System; specifically Child Support.

WHY ARE THERE OUTRAGEOUS DOLLAR AMOUNTS COURT ORDERED UPON THE NON-CUSTODIAL PARENT?

Presently the OCSE does not have to immediately distribute the funds to the custodial parent. Simply put, there is money to be made off the interest of funds that are allowed to sit and/or rotate through Child Supports Central Treasury. NOTE: FMS Federal Management Service, A Bureau of the United States Department of the Treasury. “The FMS has teamed with the HHS, OCSE in implementing the EFT provision of the DCIA of 1996 in conjunction with the Family Support Act which mandate that State CSE agencies develop the capability to accept EFT/EDI transactions from employers.” According to FMS, the following is a list of Institutions that the money is circulated through prior to being distributed to the custodial parent: 1.) From the Origination of Order/Notice, 2.) Federal Agency, 3.) FMS/Non Treasury Disbursing Office, 4.) Servicing Federal Reserve Bank, 5.) Bank (State CSE Agency Account)… cha ching $$$$

The above paragraph makes me wonder two things:
1. How do tax payers and/or Child Support system save money when the money circulates through four (4) different institutions, to include two (2) banking systems?
2. Wouldn’t it be far cheaper and save the tax payer money, if the money received went directly to institution number five (5), the local CSE Bank, then distributed in a ‘timely’ matter?
Almost looks like a money laundering operation… with interest!

It is more than evident that the greater the money amount the Family Court can award the custodial parent with a Court Order, the more money the Family Court System, County, State and Federal establishments make.

Now that we have established the interest above, let us include monies being profited from regular service charges, (approx. $6), and a minimum charge of $2 upon any monies involving arrears and interest upon the arrears.

The basic math: ((2 + 6) x 12) + 25 = $121 x 15.7 million… $1,899,700,000 dollars!
This does not include interest made off the arrears, and
This does not include interest made off the average $1.8 Billion dollars collected by States for ex. TX, NY…etc.. ($.01 x $1.8 Billion x 50 states = ….)

We have a nearly incomprehensible sum of money being made off the backs of non-custodial parents; Fact! A number so large that it will not fit on my calculator. And we are not even talking about interest made off money circulated through the FMS Federal Management Service.

Where does that interst come from? The same place banks make their money… YOU! Isn”t this great? OPM Other People’s Money making money! One problem to this scheme is that you have to lie to the American Citizens in-order to accomplish it.

DUE PROCESS VIOLATIONS and the EXPEDIENCY OF GETTING THEIR HANDS ON THE MONEY FOR THE CHILDREN

This next golden goose has supported the Title IV-D Incentive Program and has caused/allowed many U.S. Constitutional Rights to be violated.

I am specifically referring to the Bradley Amendment – which allows non-legal employees to practice an enforce law through the administrative offices of Child Support Enforcement and implement civil actions against an individual without the right to trial by jury and without the presence of a Judge (he/she may sign a Court Order at a later date).

Some actions such as drivers license suspension, bank accounts emptied, check cashing privileges frozen, professional license suspensions/revocations, tax interception, property seizure, property liens, interception of accident insurance, emptying of vacation accounts, credit reporting, fishing/hunting licenses discontinued, passport denials, numerously persistent threatening phone calls and mail harassment, front tires on vehicles locked down, pictures on pizza boxes… just to name a few, are all accomplished without you even stepping foot into a Courtroom, or ever receiving a Court Order.

People who make it into a Courtroom usually do so for ‘debtor’s prison’ under the guise of Contempt of Court. Many have gone to jail while making partial payments or while being unemployed. (Remember, these non-custodial parents owe a DEBT through no fault of their own and that nearly 98% of them never wanted a divorce/separation, nor was there any evidence presented to the Family Court that would deem them an unfit parent; only the accusation of another parent.). Our Veterans and the alarming suicide rate is a testimony to the above paragraph. 70% of our Veterans are being divorced/separated prior to even returning home. Of the remaining 30 percent, 90% percent of them will be divorced/separated within 5 years. Most Veterans will find themselves torn from their children because they are no longer fit nor safe parents to be around due to their combat experience.

Most of these people are going to jail for debt, because they are not aware of two Federal Statutes that contain the Elements of the Offense specifically stating that an individual ‘must’ have one (1), the Ability to Pay, prior to even establishing the second (2nd) Element of the Offense, Willful Intent. If individuals are not aware of these two Statutes and do not understand what precisely an Element of the Offense is and how mandating an Element is prior to a conviction… well you will lose your rights under the 14th Amendment; Due Process and Equal Protection Under the Law and find yourself in jail. FACT.

HOW SERIOUS IS THIS SITUATION?

One word: SUICIDE

I greatly appreciate your Patience if you indeed have made it this far. It is impossible for me to convey all the problems, horrific situations and corruption that have compounded themselves over nearly three decades into one presentation letter.

I Pray with all my Heart that I have at least pointed in the correct direction to the answer for the question previously asked; Why? Please understand that I had to try to convey the answer by presenting it collectively over many paragraphs. It would have been far easier just to state that Greed and Lust for Money has been spawned by the Title IV-D Welfare Reform Act and the FMS Federal Management Reserve.

I also Pray that the horrific and unthinkable situations that people have shared with you will help give you the insight and knowledge to see that we have an ‘immeasurable atrocity’ of Human Rights upon our hands. Please help. And most importantly Please read what people are going through and let them know that you do care.

SUMMARY: SAVING TAX PAYERS MONEY???

Ask yourself which is less burden on the tax payers:

a.) Tax payers continue to pay for Welfare only, for those who need assistance. Because we know that they will continue to prolong welfare for those involved in Child Support, so they may ‘legally’ LOCK them into receiving Child Support money that they may circulate through the Federal Reserve Bank.

or;

b.) Tax payers continue to labor and pay for the present Child Support System to include:

Welfare,

Title IV-D Program,

FMS Federal Management Service circulating money ‘Indirectly’ back to the local CSE Bank,

Child Support Enforcement Offices and all those employed thereby,

The use of local police,

The use of Marshals/FBI, when there time searching and apprehending parents could be better spent locating criminals… oh I forgot; parents trying to survive are deadbeats that the system created by their laws passed, thus making them criminals,

The Child Support clerical and disbursing offices,

The Private Contractors ‘hunting’ down the ‘perpetrator’.

Expanded Family Court (Judicial System),

Expenditures for Appeals, Writs, Law Suits… etc.

We need you to Sign this Petition even if you are not directly involved in the Child Support System. My God, how is it any less horrific for these parents who have been ripped away from their children, then it was for those who were ripped away from their children in World War II? We’ve either known, or listened to survivors that have experienced and seen ‘unthinkable’ atrocities, yet for many the most horrific situation they remember is when they have been ‘ripped’ away from children and families.

Have you ever asked yourself, “How is it possible that half of the 31.4 million people (NCP’s and CP’s) in the child support sysem, one out of the two parents involved do not want to be a parent? One is nearly always found detrimental to their child/ren?”

How is it possible that there is always a deadbeat, (the System is creating them at an alarming rate), yet that deadbeat fights to see their child/ren?

It is obvious that there is something very wrong with this picture; FACT.

ADDITIONAL INFORMATION: Supplied by Bradley Howe.

JOINT ‘SHARED’ CUSTODY… What is it? And why YOU won’t get it!

Every family study published by competent researchers have found that the Childs Best Interest would be best served through ‘equa’l continued contact, emotional nurturing and Love from both parents throughout his/her lifetime. Yet every family court consistently rules on the ‘every other weekend visitation schedule’ for the Non Custodial Parent. Every other weekend is nothing at all. The extensive financial benefits given to the Custodial Parent nurtures complacency and gluttony, which in turn motivates the CP to maintain this visitation schedule. These extensive financial benefits include, but are not limited to: child credits, tax free income each month from the Non custodial parent, and support from DSS programs such as medicaid and child care assistance.

To put this in perspective, every week visitation of two days immediately doubles your time, but does nothing to the Non custodial parents child support obligation in most states. Heres the math:

Days in a year 365.

Worksheet sole custody nights required from Custodial parent: 243 nights

Days allowed for Non Custodial Parent BEFORE considered joint custody: 122 nights

(NOTE: Joint Custody allows you access to school and medical records. 122 nights does not mean that you have Joint ‘Shared’ Custody. It is Joint ‘Shared’ Custody that allots equal physical time with a child that would eliminate the need for Child Support obligations. When a child resides with you on an equal basis, that child is receiving Child Support without the Government involved. Thus, also allowing the opportunity for future reconciliation; that which is not allowed in todays Family Court System.).

Every other weekend per year nights: 52 nights

Every week two nights visitation per year: 104 nights

Throw in holidays, vacation days etc, and you will ‘ALWAYS’ fall just short of that 122 nights measure for joint ’shared’ custody unless you have other visitation as agreed upon through the Court and we all know that is not going to happen; too many incentives for the Custodial parent, to include the financial incentives for the County, State and Federal level budget offices. (Supporting our economy and those in office that receive ‘proficiency awards’.).

Ok, lets add 1 more night each week to the mix and now we have a difference of only 44 nights per year. Add vacations and holidays and this balances out pretty well indeed. However, look what it does for the custodial parent? It takes away the incentives for the Custodial parent. This is why, the system works. This is why Joint Custody is handed out like candy and Joint ‘Shared’ Custody is so extremely hard to come by. All judges and family courts are taught that fathers are only trying to get out of paying child support. Well, I’m here to tell you that Custodial parents are just as likely to deny the father to GAIN child support. You see the argument doesn’t hold water. Doesn’t equal parenting time, which includes emotional support and financial responsibility of a child when they are with you, constitute child support?

So, in reality, when you strip away all the brain washing and bribery, assert the REAL best interest of the child, you will see that Child Support Enforcement and the Family courts are acting AGAINST the best interest of the child by creating of itself the poisonous environment that allows the destruction of families and their separated children. Child Support Enforcement and the Family Courts are the cause of Parental Alienation. We must remove the Title IV-D incentives, and remove the adversarial nature of family courts to maintain moral, ethical, and continued mental health of our children by awarding equal parenting from both parents.

As long as there continues to be Title IV-D Incentives; (tax payer money awarded to the State), President Bush’s “Deficit Reduction Act”; ($25 Service Fees that have nothing to do with Child Support services, but was implemented to reduce the Federal Deficit), Penalties for States; (Loss of revenue for State budget), FMS Federal Management Service (which routes ‘every single penny’ collected across the United States through the Federal Banking Reserve)… As long as the Custodial Parent, County, State and Federal Government continues to make money off from your children, JOINT ‘SHARED’ PHYSICAL CUSTODY will continue to be unheard of.