Iniquity of the Bradley amendment…

unconstitutionalposter_cropIn recent years, I have noticed a court system that denies civil rights, due process, and equality when it comes to non-custodial parents (mostly fathers) in family court. Family court has become about winning a prize, namely the child(ren) of a marriage and to receive as much money as possible. Plaintiffs are encouraged to make faulty claims regarding the defendant in order to gain leverage and by doing so, get the upper hand. Lawyers also know how non-custodial parents are most often not listened to in court and will therefore avoid taking on a case that involves the non-custodial parent’s rights. In my research and experience through the years, I have found many articles that address these issues; however, the government, the courts, and the general public turn the other way and will not face the facts. Most people will simply just refer to “deadbeat dads” as wealthy men/fathers who just decide to “abandon” their child(ren). The Bradley amendment from 1986 has caused iniquities to low-income and disabled parents (most commonly fathers). As it stands right now, a non-custodial parent in arrears is assumed guilty and cannot be proven innocent. Here is a very enlightening article written by Jeffrey M. Irving and Glenn Sacks. Please read this and then make an informed decision about what is right and what is wrong:

“August 26, 2005 — In a highly-publicized move, Jefferson County, Kentucky Attorney Irv Maze recently published the names and addresses of 1,000 alleged “deadbeat parents” in the Louisville Courier-Journal. The move has drawn praise nationally, and Maze says the list is helping his office locate debtors. However, most of the parents on Maze’s humiliating list are not those who won’t pay, but instead those who can’t pay.

Federal Office of Child Support Enforcement data shows that two-thirds of those who owe child support nationwide earned less than $10,000 in the previous year.

According to the largest federally funded study of divorced dads ever conducted, unemployment, not willful neglect, is the largest cause of failure to pay child support.

A US Government Accounting Office survey of custodial mothers who were not receiving the support they were owed found that two-thirds of those fathers who do not pay their child support fail to do so because they are indigent. These research findings are reflected in Kentucky’s Top 10 Most Wanted Parents list. Of those “deadbeats” currently listed, only one appears to have any education at all, and the most common designation for occupation is “laborer.” Far from being a list of well-heeled businessmen, lawyers, and accountants, these men do low wage and often seasonal work, and owe large sums of money which most could never hope to pay off.

Kentucky’s list of low income “deadbeats” is typical of the child support evaders lists put out by most states. For example, Virginia’s new list is topped by a laborer, a carnival hired hand, and a construction worker, who collectively somehow “owe” over a quarter million dollars in child support!

The driving force behind child support arrearages is not bad parents, but instead rigid child support systems which are mulishly impervious to the economic realities noncustodial parents face, such as layoffs, wage cuts, and work-related injuries.

According to the Urban Institute, less than one in 20 non-custodial parents who suffer substantial income drops are able to get courts to reduce their child support payments. In such cases, the amounts owed mount quickly, as do interest and penalties.

Compounding the problem is the fact that the federal Bradley Amendment bars judges from retroactively forgiving child support arrearages, even when they determine that the arrearage occurred through no fault of the obligor. Bradley is so problematic that Congress will be conducting hearings on the amendment this fall. [EJF note: As of February 2006 no corrective action has been taken][added: as of December 2009, no corrective measures has been taken either]

In one McCracken County, Kentucky case, Francis Borgia, a carpet cleaner in Paducah, slit his throat in the courtroom after being sentenced to two years in jail for being $7,000 behind on child support. According to newspaper accounts, Borgia had become a “deadbeat” after he lost a good paying job working in a casino and could not get a downward modification on his support.

Also victimized by Maze’s list are those who are named in error. For example, according to television station WAVE 3 in Louisville, Maze mistakenly listed James R. Frazier as a deadbeat who owes $57,000, and gave out his current home address. Frazier and his wife Bertha have been erroneously targeted by enforcement officials before, and have spent years fighting to straighten out the error. The agency had previously acknowledged its mistake — and then went ahead and published the erroneous information anyway.

Child support collection agencies are notorious for their errors and bureaucratic bungling, as even supporters of the lists such as the Association for Children for Enforcement of Support admit. A study conducted by ACES revealed that state child support enforcement agencies nationwide had failed to distribute over $500 million which had been paid by noncustodial parents.

Beyond mistaken identity, as in the Frazier case, common agency errors include:

• Mathematical errors;

• Failure to record or transfer records of payments;

• Billing men for children they did not father;

• Failing to stop child support when a child reaches the age of emancipation;

• Accepting custodial parents’ false reports of nonpayment; and

• Failure to update child support orders with later court rulings affecting modifications.

Audits and evaluations have shown that errors comprise a third of all arrearages in some states and counties.

It is true that jailing those behind on child support does sometimes result in some of the arrearages being paid. However, this is usually not because the low income dad they’ve arrested has decided to sell his Porsche and his vacation home, but instead because his family and friends have put up the money to keep him out of jail.

Even when dealing with the small percentage of fathers who have the money to pay but choose not to, Maze’s approach is at times misguided. According to the Children’s Rights Council, a Washington-based advocacy group, more than five million American children each year have their access to their noncustodial parents interfered with or blocked by custodial parents. Family courts are often tragically indifferent to enforcing noncustodial parents’ visitation rights. One can understand why noncustodial parents who have been driven out of their children’s lives feel little motivation to subsidize the custodial parent’s filching of their children.

In contrast to Maze’s abusive, overkill approach, state child support systems need to be made more flexible and responsive, so that low income parents aren’t made into criminals because they’ve failed to pay child support obligations which are beyond their reach. As Borgia, who survived his courtroom suicide attempt, noted:

“My only ‘crime’ was my failure to make as much money as the state demanded…I couldn’t quite understand why I was treated so harshly. I’m not a deadbeat dad. I’m a broke dad.”

Here is a definition and explanation of the unfair Bradley Amendment:

In United States law, the Bradley Amendment is the common name given to any of a number of amendments offered by Senator Bill Bradley, the most notable of which is the amendment to US Code Title IV-D (42 U.S.C. § 666(a)(9)(c)) which requires state courts to prohibit retroactive reduction of child support obligations.

The Bradley Amendment was passed in 1986 to automatically trigger a non-expiring lien whenever child support becomes past-due.

a. The law overrides any state’s statute of limitations.

b. The law disallows any judicial discretion, even from bankruptcy judges.

c. The law requires that the payment amounts be maintained without regard for the physical capability of the person owing child support (the obligor) to make the notification or regard for their awareness of the need to make the notification. But, like any other past-due debt, the obligee, typically a mother, may forgive what is owed to her.

When past-due child support is owed to a state as a result of welfare paid out, the state is free to forgive some or all of it under what’s known as an offer in compromise.

The amendment was intended to correct a perceived imbalance between the power of the obligee (usually the mother) and the obligor (usually the father) during subsequent child support disputes. It had been alleged that a significant number of men were running up large child support debts and then finding a sympathetic judge, often in another state, to erase them.

The Bradley Amendment is credited with increases in the collections success of wealthy debtors including a New York plastic surgeon who owed $172,000, a professional athlete who owed $76,000 and a yacht company owner who owed $50,000. The Bradley Amendment standardizes the treatment of interstate child support disputes (estimated at 40% of all cases according to Geraldine Jensen, president of the Association for Children for Enforcement of Support).

According to Sherri Z. Heller, Ed.D, Commissioner of U.S. Office of Child Support Enforcement, the child support system collects “about 58% of current support due.”

The US Department of Health and Human Services estimates that 68% of child support cases had arrearages owed in 2003 (a figure up from 53% in 1999). Some believe that the process can never collect the full amount because a high proportion of obligors are unable to make the required payments.

According to Ford Foundation Project Officer Ronald B. Mincy, between 16 percent and 33 percent of obligors are “turnip dads” (obligors earning less than $130 a week). According to one study 38% of non-custodial parents not paying child-support said they lacked the money to pay.

The Health and Human Services numbers above omit closed cases. Typically, cases are closed after four years of inactivity. Open or closed, past-due child support automatically triggers a non-expiring lien. The Bradley Amendment has been a controversial law and has resulted in several notorious examples of unintended consequences including:

a. A veteran of the first Gulf War who was captured in Kuwait in 1990 and spent nearly five months as an Iraqi hostage being arrested the night after his release for not paying child support while he was a hostage.

b. A Texas man wrongly accused in 1980 of murder. After 10 years in prison, the man sued the state for wrongful imprisonment. The state responded with a bill for nearly $50,000 in child support that had not been paid while in prison.

c. A Virginia man required to pay retroactive child support even though DNA tests proved that he could not have been the father.

In September 1999, Marilyn Ray Smith, the Chief Legal Counsel for the Massachusetts Department of Revenue, Child Support Enforcement Division gave the following testimony before the US House of Representatives.

“As you know, under the Bradley Amendment enacted by The U.S. Congress in 1986, a child support obligation becomes a judgment by operation of law as of the date that it is due and unpaid. In addition, under Section 368 of PRWORA (42 U.S.C. 666 (a) (4)), an administrative lien also arises by operation of law against any unpaid child support. It is therefore not necessary to return to court after each payment is missed to get past-due support reduced to a judgment in order to obtain a lien or enforce a judgment. This means that a child support agency can move quickly to seize income and assets of a delinquent noncustodial parent without first passing through a judicial or quasi-judicial hearing process.”

In 2003, Keith McLeod, author of The Multiple Scandals of Child Support, testified before the Committee on Ways and Means that

“The 1986 Bradley Amendment to Title IV-D forbids any reduction of arrearage or retroactive reduction for any reason, ever. This reinforces the approach that inability to pay is no excuse. Needless to say, there are endless stories of men who are now crushed by a debt they will never be able to pay because they were:

a. In a coma

b. A captive of Saddam Hussein during the first Gulf War

c. In jail

d. Medically incapacitated

e. Lost their job but were confident of another so did nothing until it was too late

f. Did not know they could not ask for retroactive adjustments and waited too long

g. Cannot afford a lawyer to seek adjustment when adjustment was warranted

h. Wouldn’t use the legal system even if they could, feeling it alien from their world, so don’t ask for a reduction when the legal establishment expects them to.

Some say this measure is a violation of due process and cruel and unusual as it removes the use of human discretion from dealing with individual cases, not to mention removing human compassion. But non-custodial fathers do not have the money to fight a constitutional case.”

As of 2004, the Bradley Amendment was being challenged as unconstitutional and was the subject of a repeal effort. [EJF note: As of February 2006 the court case has been dismissed and Congress has made no visible effort to reform the Bradley amendment.]

Other websites about the Bradley Amendment:

Phyllis Sclafly

Associated Content

TNTAmerica

14 thoughts on “Iniquity of the Bradley amendment…

  1. Pingback: Swedish Blogger: Iniquity Of America’s Bradley Amendment | Jugs for Justice

  2. US family court system throughout the country are holding tens of millions of non-custodial parents financial hostage. The Judges are issuing court orders knowing that the litigants are unable to comply with. A sort of financial terrorist, a bully. The laws these judges apply to get to this point are neither fair nor Constitutional. Not for the children nor the parent. Treating children as puppies in a puppy mill. The System have become a rogue government inside the state. With no accountability. With hundreds of millions of complains and an extremely large political base against these courts nation wide. I can not understand why the Federal Government has not stepped in to shut them down. Doesn’t the FED realize there is something gone wrong here? As these courts suck in and destroy more and more families the political base against these Judges will grow even larger.

  3. The Bradley Amendment is re-victimizing our injured veterans…the men and women who protected our country, were injured struggling to get care, treatment and rehabilitation. HOW CONVENIENT FOR OUR FEDERAL GOVERNMENT TO LOCK THEM UP, TAKE AWAY THEIR CITIZENSHIP AND BENEFITS THROUGH FELONY CONVICTIONS AND THROW THEM OUT ON THE STREETS WITH NO WAY TO SURVIVE. So much for the land of the brave and the free. Exactly what were they fighting for again?
    We all know about the outrageous delays in getting the VA to process claims, provide monetary assistance, medical treatment and rehabilitation services. This is well documented and very much in the news. And the problems don’t stop there. NO ONE IS ASKING what happens to the veteran struggling to get these benefits while his/her spouse abandons them and/or child support continues to accrue at the level that once was appropriate for their military pay and benefits. No longer able to work, fighting to access rehabilitation services and struggling to get claims processed correctly, in a timely manner and to institute benefits most of these once respected citizens can hope to find themselves in jail on felony charges long before the VA corrects their files and sorts out their rehabilitation options.
    My husband, Duane Kozlowski, a veteran with a TBI and PTSD, rated at 100% permanently and totally impaired, is sitting in a rural jail in Clare County, Michigan, a state he has never lived in, 400 miles from home, sans the rehab he desperately fought to get, unable to even receive 1/10th of the care he needs because these laws, rightly designed to protect kids from deadbeat parents, are being miss applied to physically disabled truly impaired veterans. He has plead not guilty to a FELONY child of failure to pay child support/child neglect. Typical of most of these cases the FOC knew of his disability and did not reduce the ordered support. Why? Duane like most other impaired vets couldn’t appear in court, couldn’t afford a remote attorney and had no clue how to file paperwork in a state he didn’t live in. The paperwork he filed in our home state of IL which has an understaffed and underfunded deferment program did no good.
    Despite the fact that he is cognitively disabled, has been unable to be placed in work by FOUR concurrently coordinating vocational rehabilitation resources, VA, state, local and national agencies…he is being held for a felony crime of being a financially destitute, physically and mentally disabled person. The slap happy mess between the various arms of the VA, the two states involved and the inability of anyone to address the issue rationally and in a manner designed to support this person’s rehabilitation, restore him to function, and sensibly address the issues of how to continue to pay or manage child support has not occurred. As Mitch Wood in the States Attorney’s Office in Michigan told me, “There is no difference between a deadbeat dad and a physically disabled, unable to work veteran dad, in Michigan we treat them all the same.” That right there ought to outrage our entire society. That’s blatant discrimination. AND ITS SUPPORTED FEDERALLY BY THE BRADLEY AMENDMENT.
    These men and women fought for our country. Whether their injuries are state side or combat doesn’t matter. They sacrificed themselves in the culture of war and in the service of our great nation. Not only has our government not kept its promise to provide timely, quality care, it has also failed to provide support in a manner that keeps these people from being further victimized by agencies and systems that do not work together and do not recognize the realities and limitations of the situation.
    I will be honest. For six years I have fought the good fight with the VA on my husband’s behalf. I have lost jobs over having to be his caretaker when no services were funded. I have watched him go from being a proud, hardworking, soldier to being a man who feels shamed by his country. He gave 17+ years of service with pride. I have watched him struggle to overcome his deficits and dealt with the daily impact of his injuries inside my home as the VA applied treatments that were at best useless and often, at worst, destructive. My children and I have watched in horror as this gentle man had violent reactions to medications that should never have been prescribed, endured flashbacks for which no treatments were provided. And now…as he sits in a jail that refuses to acknowledge his medical needs, where he is an indigent without access to underwear, postage, or any means of connection with the outside world (unless I can scrape together 1.50/min for the rare call through their proprietary, money-making phone scheme system). I am watching all that we worked for erode away. Six years of fighting and as of 8/4 he will be in jail 60 days. Already lost is his place in vocational rehabilitation, July will bring loss of his VA disability pay, August will bring loss of his DHS/TBI assistance for caregiver—the very resource that allows me to try to return to my work.) In the mean time, the needed treatments and rehabs are not happening and he is being further traumatized by each day spent in this facility. IN a word…NO ONE CARES! TOUGH LUCK!
    He is being pressured to plead guilty to the felony charge so he can go home. He doesn’t comprehend that he will no longer be a citizen—that he cannot vote, have a driver’s license, live in our home (my professional license and source of income prohibits this.) He doesn’t understand that he will never be able to get a job, rent an apartment, re-enter vocational rehab, have food stamps or state programs to help him, volunteer or be a member of our community. He doesn’t understand that if he fails to pay more 1000 per month in child support on time every month until the arrearage is gone he will return to jail for four years.
    This is NOT a just child support issue. THIS IS A VETERAN’S RIGHTS ISSUE! THIS IS YET ANOTHER CASE OF TREATING AN ENTIRE CLASS OF CITIZENS—SERIOUSLY DISABLED VETS WITH CHILD SUPPORT ISSUES SOLEY DUE TO THEIR DISABILITIES AND THE ESTABLISHED FACTS REGARDING OUR COUNTRY’S FAILURES TO PROVIDE APPROPRIATE AND TIMELY TREATMENT/FINANCIAL RESOURCES—IN A MANNER THAT DISCRIMINATES AGAINST THEM AND PUNISHES THEM FOR THEIR SERVICE TO THEIR COUNTRY.
    My husband’s case is one of many. There was no due process. There was no felony. THE FEDERAL DHS admonishment to states clearly indicates that the felony prosecution is to be used ONLY where the amount is willfully not paid, there is clear ability to pay, the amount is over 5K AND the person moves to avoid prosecution or engages in other fraud e.g. bankruptcy fraud to hide assets. My husband has been here in Illinois fighting for benefits with me as his advocate since 2004 (EVEN TAMMY DUCKWORTH WAS AWARE OF OUR CASE AND FIGHT TO GET BENEFITS AND RESOURCES MOVING), our papers were filed, our pleas for help unheeded, our efforts to rehabilitate him unacknowledged. We have struggled with a legitimate bankruptcy, financial devastation caused by my lost jobs, medical bills for treatments we had to find on our own when the VA failed, welfare, food stamps, and charitable donations from agencies and family. Year after year we struggled and begged for help without knowing what to do. Michigan left this accrue at this rate so they could abuse him DESPITE OUR REPEATED REQUESTS TO CHANGE THE RATE BASED ON HIS DISABILITY AND PROOF OF IT. Now they are unlawfully holding a seriously disabled, impoverished veteran for a ransom that no one, even those who love him can hope to raise with every intention of further diminishing his hopes for vocational rehabilitation by putting a felony on his record.
    I have names, of many others struggling like my husband, men who have committed suicide over this situation, reporters, advocates and agencies who watch this happening all over the country and feel powerless to stop it.
    WE MUST STOP IT! WE MUST NOT ABUSE OUR VETS OR OUR VET FAMILIES ANY LONGER! THIS SERVES NO PURPOSE AND IS A SHAMEFUL ABUSE OF POWER AND OUR PROMISE TO THOSE WHO SACRIFICE TO PROTECT US. PLEASE HELP BY TAKING THIS CAUSE UP AND EXPOSING IT FOR WHAT IT IS! WHERE DO WE GO FROM HERE AND HOW CAN WE CONSCION THIS KIND OF ABUSE OF POWER?

  4. I think the government has been raising revenue for itself and caring less about the charge and in the process punishing citizens who are doing right by their children. This is a typical example of overzealous law makers who make judgments from their axis of the world without looking at the full picture.

    In Florida fathers are being asked to pay child support for children that DNA has proven are not theirs, while the state makes no provision for a DNA test before the father signs the birth certificate, but they fault the father for signing the birth certificate after his live in girlfriend who he has no knowledge has been cheating on him told him he is the father of the child.

    I would like to fight the system and anyone who is interested in fighting this fight with me should please contact me via my email.

  5. Why is it that if a man and woman are together[with kids] and he loses his job and is unable to support his kids, he can go down to the local D.E.S. building and get help and he doesnt become the bad guy. But if the couple are not together and he cant support his children his face ends up on pizza boxes. It’s totally unfair, not to mention unconstitutional. I have a hard enough time in this economy trying to keep a roof over my head without worrying about my drivers license being suspended, or going to jail for simply being broke.

  6. One of the other reply’s questioned why the federal government does not shut down these family courts. It’s because the Federal Government started the problem in the first place. The Child Support system has become enormously expensive to tax payers, far more so than before when it was fair.. Support Collections and Support Orders have doubled in recent years while the cost to the tax payer is now more like four times the old costs. It’s because the Matching Federal Funds reward the courts for ordering more excessive, harsher and higher child support awards. It’s our TANF welfare system and it’s called Title IV-D Enforcement. This program pays out over 4.5 Billion Dollars a year in matching funds to all of the States for Ordering higher Support awards and using harsher, debtor prison collection methods. If you have ever been to family court, you might notice that everyone in there is against the non custodial parent. It’s profitable for them to be unfair to the fathers. Where does the nearly 5 Billion dollars go? Who knows, they won’;t show me where it goes. Does it go into the pockets of some of the people in the local family courts? The entire Family Court System has been engineered to make us slaves and to beat us down. We need to force a change. The Title IV-D money is supposed to be welfare, but it allows the custodial parent to get paid on it even when she has unlimited income and/or assets. My X-Wife is a millionaire and is on the IV-D welfare program while poor people who live in her county go hungry. She has gotten a free attorney for the past 4 years in addition to huge tax credits. Even though it’s welfare, the money does not go to the poor. Even Michael Jackson, if alive, would qualify for it.
    It’s not a free country anymore until this is stopped.

  7. Well they’ve done it again…
    You are all needlessly suffering. What is needed is gov’t accountability. The only change in the bragley amenment needed is ‘ Properly Established ‘ which would create a position for a Judge / Certified in Accountanting, not just run of the mill, everyday Judge’s, sitting on the bench bored to death just ruling on he said she said. This would cause doubt of a Judge’s ability to adjudicate a matter involving finances, since this is all about money. He’ll I had to obtain the services on a ‘forensic accountant’ to investigate 8 cases, so far, for improper accounting practices and just recently forwarded a letter to the GAO requesting simultaneous investigations under parallel proceedings. In these cases he has uncovered fraud by establishing that the Clerk of Courts-Central Depository’s records contain, 53 week annual billing cycles, over-billing, double-billing and billings past teh emancipation events of the children. Did you know that an emancipated child becomes, sui juris and is suppose to obtain all rights associated with adulthood? What I’m stating, is that this is their cause of action, its for thei benefit according to the 5DCA hoildngs in the case of Robert S. Thurlow., P.A., v. Lafata, 915 So.2d 737 (Fla. 5th DCA 2005); Department of Health & Human ServicesChild upport Enforcement v. Holland, 602 So. 2d 652 (Fla. 5th DCA 1992) which violates Fla. R. CIv. P. 1.210(a) ” regardless of the basis for the support duty, legal or contractual, the Child is the beneficiary and the “real party in interest” this also affects the legal standing of the Department, the Court and any Agency’s enforcment of said erroneously determined orders and the rights of the now, emancipated child to stand in thier own stead as an adult to enforce or not said ordeerr for support. The first amendment right to redress injury under the U.S. Constitution being violated, is the right to notification under the holding in the case of: Connally v. General Construction Co., 269 U.S. 385 (1926) which states, Notification of legal responsibility is “the forst essential of due process of law.”, that the order for support which should have been terminated upon emacipation, these enforcement agencies know, of the emancipation dates of the chil(ren) since, it is printed right
    both in the final dissolution decree judgment and on the front page of the ‘supposedly’ accurate and Certified Ongoing Arrears Affidavit / Payment History. Do you know that you all arte entitled to a proper accounting / audit as a matter of law. In my case, the court has reduced itself to violating Sec’.s 409.2564(6) as well as so many others reducing fraudluent cliams to judgment and even allowed the FLa. Dept. of Rev. (FDOR) Attorney General William H. Branch, to intervene o/b/o State attorney Katherine Fernandez -Rundle who used these fraudulent affidavit’s to illegally invoke the jurisdiction of teh court in the first place. Now they’ve illeglly claimed that I am a vexatious litigant violating Sec. 69.083(2)(a), all of this is being done in contravention of the law regarding fraud in the procurement of jurisdiction, and void dissolution decree judgment. Utilizing fraud on another State by transferring the fraud through interstate processes in letters of transmittal now utilizing a fraudulent tribunal’s void order to invoke long-arm jurisdiction for collection of erroneously determined amounts. This allows the Courts to be used as a shield for fraud. Did you ever wonder why a ‘newly formed interstate support order’ cannot be overturned, modified or cancelled beyond the last request for modification? Did you ever wonder why a forum state, would get someone into a ‘Star Chamber’ proceeding, in a ‘supposed’ evidentiary setting, isolated from a public forum and reduce your ‘forensic accountant’s testimony’ to that of a layperson in order to enforce said erroneously determined and fraudulent orders? This is just some of what happend to me, by the judges of the 11th Judicial Corcuit Court in Miami-dade county , Florida. I acn’t list the violations of both Fla. and Us. Constitution’s as they are too numerous to mention. All of you should demand a proper accounting/audit of your financial position in compliance with Public Law (PL 73-10) and violates the Bradley Amendment Act of (1986) through previously or subsequently established, void & fraudulent income deductionand wage garnishment orders. These issues are now pending before the Third District Court of Appeals of Florida in CS No. 3D09- 1287 follow closley, as I attempt to overturn my void dissolution decree judgment and the fraudulent enforcment of sam by of a dozen other gov’t. entities. This mat seem insurmountable to you at times but it can be done if properly considered by a Court of justice. Unfortuneatly the only source for recompense lies in the Federal realm under 42 USC 1983, but through (Him), all things can be accomplished, it may not happen when you would like ti to, but it will happen. Keep the Spirit of Chirstmas alive in your hearts and (He) will see us through this difficult maze of rhetoric, innuendo, and unsubstantiated claims.

    In HIs Service,

    Rev. R. B. Hunt
    Universal Life Churh of the Renaissance

  8. As to the previous post. In addition thereto, I forgot to mention, that these cases are typically all being categorized as Title -IV D cases. If your ex, never received services, they would be a non-titleIV -D case which is what my case is. All of the rhetoric by these agency’s, always refers to Title IV-D because they can mislead the Justices by pre-prejudicing your positition, that you are a ‘Deadbeat Dad’ and are violating the (PRWORA) Personal Responsibility and Work Reconciliation Act of (1996). However, this may not always be the case. There is a definite distinction between the two and the rules governing same should be observed and not overlooked just to punish an obligor parent. (usually the father), and as we have seen, by the holding of the Florida Supreme Court in teh case of: AAYhash v. AYYhas, 700 So. 2d 752 (Fla. 5th DCA 1997), and Ayyhash v. Farmer, 750 So2d. 691 (Fla. 5th DCA 1999), the obligee, (usually the mother) and in this case was the mother was not even sentenced to community service for criminal acts she committed in an attempt to elude capture, even kidnapping the children, removing them with a visitation order in place, falsifying state and federal documents
    to conceal their identities etc, etc., (all felonies). The opinion in thiscase, should be of concern to all citizen’s, that set precedent bythe Justices decision that the “mother should not be sacrificed on the alter of judicial proceesses.” The dissenting opinion by a justice in opposition thereto, stated his concerns as to what precedent is being set by Florida in allowing the mother in the case to commit felonies and get away with it.” You as citizen’s, should demand your unalienable constitutional rights, not the state’s legislativley imposed inalienable rights allowing the substitution of their bias & prejudiced opinions to fester in judgments, later impose upon you as a paying citizen who may or may not have a legal duty to pay support throught fraudulent accounting and generally accepted practices and principles (GAAP) in accounting. This state recognizes the ‘Frye’ standard, this is the accepted scientific principle, that a Judge sitting on the bench, should be held to. If he has no training in accounting, what’s he doing ruling on finincial matters in equity. Hell, I can’t balance a checkbook, let alone, use an algebraic formula to account for nor justify, a bank statement and I’d doubt that 95% of the Judge’s in Family Court who have made these determinations, can either. People it your right to demand a proper accounting / audit review of your case. Stand on that right enforce it throught Civil Contempt Enforcement Sanctions if you have to, (and you will have to). Contac the Government Accountability Office(GAO) which is the investigative arm of the Congress, as I have in numerous cases. Contact the Department of Justice (DOJ) for any type of criminal acts in violating your substantive rights, under the constitution relating to, enforcement of any administative agency, Justices or the likes, who would violate (his/her) duty to uphold them, under Article VI of the U.S. Constitution. Ask that they be held acountable for thier actions, try to get them to cut-off their funding forcing compliance to the U.S. Constitution.
    I wish you all the best life has to offer, this and every day of the Holiday Season. Merry Christmas to you and yours whether politically correct, or not and continued prayer for relief to you and your.

    Very Truly Yours,

    Rev. R.B. Hunt
    Universal Life Church of the Renaissance

  9. The Bradley Amendment is fine if and only if debtor is wealthy and has the ability to pay excessive child support imposed by the family court system. However, in the case that the non-custodial parent is middle class or impoverished this amendment becomes an instrument of the government to enslave or to place the non-custodial parent in servitude. Clearly unconstitutional. Another major problem is that an agency or agencies collecting private information regarding US citizens for the purpose of financial persecution is also a clear violation of the US Constitution. The persecution is extended far beyond financial matters. The taking of passports and drivers licenses when the non custodial parent can not pay. It appears that the courts have gone far beyond their constitutional powers by making their own laws. In essence making things up as they go along. Using “preponderance of the evidence” and “a case by case basis”, excludes any rule of law to violate or even case law. The law has boiled down to junk and no law at all. Anchored to nothing except the agendas of those in power. Where the US Constitution, the framework of under which all laws are suppose to be extracted from, has and is totally ignored by law geniuses who believe they know more than the authors of the said document and the citizens of the US. Exactly what the US Constitution was written for.

  10. THE U.S. CONSTITUTION NO LONGER APPLIES TO MEN! DOMESTIC RELATION CASES, CASE LAW HAS MADE THE CONSTITUTION VOID FOR MEN!

    MEN HAVE NO RIGHTS! YOUR RIGHTS ARE GONE!

    YOUR MOVEMENTS, PRIVATE LIFE, MONEY, CONVERSATIONS ARE ALL SUBJECT TO THE CONTROL OF A JUDGE!

    MEN ARE LEFT WITH NO INCENTIVE OR WILL TO WORK OR HAVE DREAMS! THIS ISN’T CHILD SUPPORT IT’S CALLED SLAVERY!

    AMERICA IS NOT A FREE COUNTRY IT’S A COMMUNIST NIGHTMARE FOR MEN! IF YOU WANT FREEDOM AND A FUTURE YOUR GOING TO HAVE TO FIGHT FOR IT!

    OUR FREEDOM IS GONE!

    IT WOULD BE BETTER TO PERISH, THAN TO LIVE LIKE SLAVES! THIS ISN’T AMERICA ANYMORE!

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  13. I have asked judges to show me a legal or statutory definition of child support in the Indiana Code so that I could determine what the “…just and appropriate award” required by the Family Support Act should be, and was told “child support is whatever the formulas say it is” and was also informed that I would be jailed for contempt of court if I continued questioning the child support guidelines by Her Honor.

    So much for rebutting presumptive child support awards in IndianaNoPlace.

  14. I haven’t seen or heard from my child in over 13 years. I think I’ll keep my card this year. The last time I was in court the judge made up a fake income to raise my support fees even though I have overpaid by thousands, according to the guidelines. The new amount is more than I make and that is how this law is applied. The only dead beat is from the one that takes away a father’s heart.

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