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DHS objections, and paternity horror stories

The Department of Homeland Security to exception to my gloomy column of earlier this week whining about how U.S. citizens are suddenly being required to show their passports all over the damned place, except if they are deemed to owe $2,500 in child support, in which case they can't have one. Let's print the letter in full:

Dear Editor,

In an August 21 editorial, Matt Welch misstates the implementation date for new travel document requirements under the Western Hemisphere Travel Initiative. Passport requirements at our land and sea borders do not take immediate effect in January 2008. Initially, a government-issued photo ID and proof of citizenship will be required. Requirements for passports or other approved documents will take full effect next summer.

Even more problematic, Mr. Welch fails to grasp the fundamental reason why our nation is taking steps to strengthen travel document security at our borders and why we are working with states to create secure driver's licenses under the REAL ID Act.

Identification documents are as important as weapons for terrorists. They enable terrorist travel and plotting. Shutting down this known vulnerability was a core recommendation of the 9/11 Commission, and it was mandated by Congress.

Admittedly, these measures involve some modest individual inconvenience. But, that far outweighs increases in identity theft, or having to explain to a future 9/11 commission why terrorists were able to use fraudulent identification to enter the United States and carry out an attack.

Sincerely,
Russ Knocke
Deputy Assistant Secretary
Department of Homeland Security

There's a clarification now on the original piece.

There was also plenty of feedback from that minority-within-a-minority of the population aware of how the wheels of the System can overrun men falsely accused by the government of fathering a child. Click on the link to read a whole lot more.

Before reading the letters, I hope the journalists among you reading this note one fact -- these people are begging to be sources. Isn't that unusual?

First up, Douglas M. Richardson:
I personally want to thank you for your recent article. [...]

I was ordered to pay the biological father support to raise his own child.

The awareness created out of articles like yours is the only justice I will ever receive personally, but it will limit the victims of the future including the children involved in these cases.

I was no deadbeat father; I paid as the court ordered with full understanding the child was not mine. Now after $150,000, my biological son goes without what he was rightfully entitled to benefit from.
Here's the text of a recent speech Richardson gave.

One man barred from receiving a passport is Stanley Green, from Stop Abuse For Everyone(tm), Inc. (SAFE -- www.safe4all.org:
I received the link to your superlative editorial from my colleague Ronald Henry, author of the Family Law Quarterly article which you cite. [...]

My son -- a senior engineering student at USC -- attended with me the Taron James appellate court hearing in March 2007, which you cite. My longtime friend, Marc Angelucci, was plaintiff's attorney in that case, as you probably know.

I deeply appreciate your calling attention to this issue. The State Department refused to renew my passport in 2005, even though I am accused of no crime. I am a survivor of domestic violence perpetrated in Long Beach, Calif., and my abuser has waged major economic warfare against me, hauling me into court in all but two calendar years from August 1990 (in Long Beach) through April 2007 (in Walla Walla, WA). Although the Superior Court of California ordered me to pay zero monetary child support -- noting both parents' involvement in the children's lives (the court found that I had been the primary caregiver) and the difference in income (my abuser is a physician with an upper-middle class income) -- the Superior Court of Washington later ordered me to pay monetary child support based upon fictitious "imputed income," an amount I am unable to pay. Hence the denial of passport renewal, abrogation of my driver's and professional licenses, etc., all under welfare reform. And the person to whom this money is ordered to pay has an income which the state reported to me as being $180,000/year.

Nonetheless, I have repeatedly -- including in April 2007 -- been found to be NOT in contempt of court when charges of civil contempt for alleged arrearage of monetary child support have been brought against me. Despite this, my fundamental right to international travel has been abrograted, through the mechanism you so clearly delineate.

This is state empowerment of economic abuse in a case of domestic violence.

Do you see any hope of any civil rights organizations addressing this abrogation of rights? [...]

Thank you again for calling attention to this important matter.
Next, Jane Spies, executive director of the National Family Justice Association (www.NFJA.org):
Thank you very much for your article covering the issue of child support and for including the other side of the issue, which, as I'm sure you know, is not yet covered adequately by most mainstream media.

My paper, "The Myth of the Successful Child Support System," can be found here.

I hope that you will please consider writing more about this issue that is adversely affecting millions of people. It is an extremely important topic, as you know.
Jim Loose, chairman of People for Equal Parenting, Inc. (PEP):
Someone passed along your very thoughtful article to me. After reading it, I decided that in my role as chairman of a non-profit designed to fix the underlying problems your article gets at ... I simply had write you an email.

There is much more than meets the eye to the system that seems to have caught your attention. For just one (of many) examples of how unpleasant the real story is consider this proposition:

Our nation's child support crisis ... isn't.

Evidence? Oh yes. Although PEP never has been primarily concerned about the financial part of the problem we're trying to fix (seeing it as a predictable outcome of an underlying civil rights abuse), statistics in the link below make the point: the child support crisis is mostly the result of a system that a cynic might see as practically designed to produce the problem (e.g., 70% of child support arrearages are owed by people making less than $10K/yr ... naturally such people can't afford lawyers to bring their obligations into line with reality ... and so their arrearages climb ... which produces a "crisis" for bureaucracies to pound the table about ... but since poor people have no money, the bureaucracies have used the crisis to drag the middle class into a federalized child support system called Title IV-D ... which then impoverishes lots of the middle class through the legal conflict the system produces, intentionally or otherwise ... sort of a Catch IV-D that would make Joseph Heller smile and shrug). This is a straightforward conclusion to be drawn from the #s here; see especially pages 4, 5 and 6.

There's much more if you're interested. In my opinion contemporary America could really use some well-done muckraking journalism. If you want to get the bit in your teeth we can source you solid information, analysis, and sound bites that most journalists only dream about. We've been preparing for this for years.
Marc E. Angelucci, president of the Los Angeles chapter of the National Coalition of Free Men, and also the attorney for the wrongly accused non-father Taron James (who I mentioned in the piece), writes a letter too long to print in full:
I had stopped reading the L.A. Times because it was never covering men's issues but only women's issues, and in a biased manner.

Your op ed gives me hope.

I write hoping you would have interest in helping get a story on a very neglected and unaddressed but serioius problem. I work with male victims of domestic violence. There is an enormous gap between what the experts have found and what the media and the public believe.

Male victims are being denied shelter services all throughout L.A. County except at Valley oasis in Lancaster, where men travel hundreds of miles for shelter because nobody else will shelter them. I have sworn declarations from the current and former directors of Valley Oasis.

Crime data now shows about 25% of the victims are men, but men underreport more than women, while virtually all sociological data from around the globe shows women "are as physically aggressive, or more aggressive, than men in their relationships with their spouses or male partners," as Cal State Long Beach Professor Martin Fiebert shows.

I can get your sworn declarations from numerous peer-reviewed experts on this.
Other studies Angelucci would like to have us read include this, this, this, this, this, this, this, and this.

From the great city of Olympia, Wash., comes an interesting note from Doug Martin:
[G]reat analysis of the law and its impacts on "average America." This is something that appears to have been lost in the press since the time of Ben Franklin.

Don't know if you are interested, but I have encountered some VERY interesting circumstances regarding "loss of freedoms" up here in WA that may be occurring in CA as well. One place you might consider checking is the courtroom. I don't know about in CA ... but up here in WA we have (supposedly) "Courts of Record." As you are probably aware, the concept is to keep a record of the activities of the court to capture evidence, objections and argument in order to prevent corruption, abuse of power, etc. In WA, the appellate courts have never determined what a "court record" is. However, for the purpose of an appeal, they have determined "what it isn’t;" e.g. the clerk's minutes. This leaves the "verbatim report of proceedings" taken by the court reporter (a state employee) or a substitute (e.g. narrative report of proceedings drafted by the participant) as the alternatives. But today, we are in the "bring me a rock" state of the law as it pertains to the "court record" up here in Washington.

Unfortunately, the Verbatim Report of Proceedings has not been declared as a "public" record. It is considered a "work product" of the court reporter who takes the record and as such, you can't get access to it under the freedom of information provisions/statutes (the federal statute excludes the courts - however, the WA statute specifically does not exclude the courts). You have to purchase it from the state employee who covered the proceeding. To compound matters, some jurisdictions are requiring the record to be passed through the presiding judge for "review and correction" prior to the record being "published" (made available for purchase by the parties). Guess what we are finding? One prosecutor I talked with concedes the altering of this sworn document (verbatim report of proceedings) prepared by an officer of the court is nothing less than "suborning perjury" – a criminal act subject to prosecution. The Commission on Judicial Conduct, staffed with judges and attorneys, refers to it as "judicial error" – not impropriety.

Our freedoms are not being lost in the legislature and congress ... they are being lost (stolen) in the liberalization of the courts and by making the law an elite practice where few if any challenge the dictates and policies of the judges when they bounce up against fundamental freedoms and practices long since established ... even back to the Magna Carta.

The degradation continues on down to the District Courts where the state can bring its traffic cases on a declaration of the officer alone. In the old days, the courts were required to bring a case by a preponderance of the evidence ... and that evidence had to be subject to the rigors of cross examination. It is VERY difficult to cross-examine a declaration and as such, under the rules of evidence (federal) the declaration would not have been enough to "bring a case" where testimony could be had. Today, however, if you challenge an infraction, you have to subpoena not only your witness – but the State's witness as well. Failure to do so invalidates your right to cross examine the State's witness. This occurs even if your infraction could result in the loss of your driving privileges or resulting in a large fine (something that would appear to conflict with the "shall not be deprived of life, freedom or property without due process" clauses of the Constitution – both state and federal).
Finally, Walter Fields breathes new life into the creative use of "NOT" (all capitalization in the original):
Matt Welch proposed possible hyperbole [in the following quotation]:
What's next? Passport refusals on the grounds that one's student loan payments are delinquent? Denials of passports because of mortgage defaults? It's a bit ironic that a nation which historically has been a refuge for the destitute seeking a new start could become one big debtors' prison with the combination of provisions like the Passport Denial Program, oppressive bankruptcy laws and a failing economy.
Given present foreshadowing, it is likely hyperbole NOT. Why? "Bank of America" and even "JP Morgan" already play in the Entitlement Cookie Jar as contractors serving the noted Federally Funded Racketeering activities for the "Extortions" via alleged "Best Interests of Children." Where motives for profit and anything goes, there may appear to be No End in Sight.

Mr. Matt Welch certainly lends a Remarkable and Valuable opinion.
If you've read this far, you must -- by law -- leave a comment. Or I'll seize your passport.

Comments

A proposed descriptor for at least some of the "Cookie Jar" participants noted above -

. . . enTITLEment IV-mainliners.

And regarding the insidiously embarrassing symptoms (i.e., including revelation of Federally Sponsored Racketeering)? Quite simply -

. . . This is your State on the Federal Dole.

. . . Any questions?

HELP us stop IV-mainliners.

I've given up on reading balanced news from a gender perspective in any of today's mainstream publications. Occasionally a breath of fresh airs squeaks through such as your op-ed.

I am so sick of the misandry that permeates every strata of America's social institutions that I've assembled my own classroom in a public park once a month. I am a California Certificated Instructor at the Community College level and have eight years of teaching experience overall. You might say the court of public opinion is also in session at the same time. I've assembled statistics, facts and relevant data showing how men are an oppressed and discriminated against class of people and defend that position, vigorously.

http://i61.photobucket.com/albums/h53/MRA_06/Picnic4-F4J-SacTrip/F4Jrally1.jpg

http://i61.photobucket.com/albums/h53/MRA_06/F4JRallyInTheValley-06-12-07/F4J-PicnicRally7-07.jpg

I have lost all confidence in Journalism to be objective, except on rare occasions.

I can be found in the Van Nuys/Sherman Oaks park this Sunday at the corner of Hazeltime and Huston dispelling a plethora of lies taught in our taxpayer funded women's studies programs on colleges and universities across California. Those same gender feminist lies have been integrated into the curriculum of Journalism and many other disciplines as well, ergo the present, rampant bias against males that we typically see so much of in the main stream media - except on rare occasions such as your op-ed.

I can't tell you how truly sick I have become of the vilification of men, that passes for Journalism, in the pages of the Los Angeles Times. On rare occasions, like your op-ed I'm pleasantly shocked to see a remnant of Journalistic integrity and objectivity.

yes, i also am a victim of the war on fathers. though never even charged with any criminal act, i have been stripped of my wife, my children, my home, my credit, my bank accounts, my drivers license, my PASSPORT, my retirement plans, my job and my business in the state that i am exiled from. my reproductive rights have been stripped away. my constitutional right to a pursuit of happiness is gone. my psychy and patriotism that was taught to me by my father is gone. now for my children, their father, grandmother, four aunts, uncle and cousins are gone. they are being controled by a mother who loves them in her way but has had them pay this terrible cost to hide the dirty secret that, though she loves them, she hates me more. her actions are also compelled as payback for a mercinary team of law abusers who put their program of exploitation, hate and greed above the needs of our children. my children face a lifetime of damage repair as the result of what these evil, calculating law exploiters have done. the damage is incalculable. overwhelmingly the truth is that everybody involved knows and is actively aware of their crimes, but because of the total impunity that they enjoy, they run rampant. it's been nine years. my life is not over but it is ruined. is this story OK with you?

well, i wrote a lenghty response but somehow the computer lost it. the point was, everthing has been taken from me and the law abusing animals who did what they did, did it with full knowledge of the consequenses of their actions on me, my wife and my children. also on my mother and thousands of oither families nation wide. they are corrupt thieves who work with impunity. the truth is that everybody knows everthing. it's the corruption that makes it all work for them. family law courts are guilty of treason. this may sound dramatic but it is true. anyone who reads the constitution would realize this immediately. anyone who can not understand this is certain not fit to judge anything. the system is pure corruption and tyranny. never mind the posing and posturing. never mind the lies, the damn lies and the statistics. these courts actions are wrong and everybody knows they're wrong, even those you benefit from them. i am enslaved in a nation run by liars. i guess it's true, nice guys do finish last.

The Real Government

Dear Friends,

I am writing this letter in the hope that it can benefit you and your family by helping you avoid the agonizing ordeal I have experienced. I have documented each and every bit of information that I reference in here, and I have made the information available if you wish to verify any portion of it. If you still are not sure whether to read further, please ask yourself the following question: Do you believe that the government is corrupt?

If you answered “yes,” then sit back in your favorite reading chair and read on—you’ll see just how deplorable conditions have become in our fine state of Michigan and how these conditions threaten our families and children. If you answered “no,” I hope that for your sake and that of your family, the tale of my past will change your mind.

Please understand my motives. I am not lashing out in search of revenge. I seek neither political nor monetary gain (besides recouping that which has been wrongfully taken from me). But each individual has limits, and when pushed beyond those limits a person has two options: become overwhelmed or push back. I have chosen the latter because nobody—and no government—has the right to deprive any of us of our pursuit of happiness by interfering with the well-being of our families.


If you agree, I ask that you aid me by distributing copies of this letter across the state in an effort to augment the 5,000 copies I will personally hand out. Although this letter results from my personal hardship, I hope it can prevent other families from experiencing similar grief and pain.



I. Background Information About a Corrupt System
A.What is Paternity Fraud?

Counterintuitive as it may seem, it is pretty common in our society that men are forced to pay child support for children who are not biologically theirs—even when the courts and the government are perfectly aware that they are not the father. This is paternity fraud, and it typically happens in two ways. The first, which is described in more detail below, involves an unwed mother who can name any man as the father in order to get welfare funds. The state gets more federal funding if there is a father named, so there is a big incentive to have a man listed so that the state can get support from him. There is no requirement that the man actually be the father. All the mother has to say is that the father is John Smith. She needs to offer no proof of even knowing the man, much less demonstrating a biological link between him and the child. She then provides an address for him, which also does not have to be accurate. She gets here welfare check and the state goes after the man to recoup the funds. The men often cannot be reached because the address the mother gave was not accurate, and typically these men do not even find out about the paternity claim until their wages have been garnished and their time for appeal has expired. This is a fundamental injustice: men who have no notice of what is going on and no chance to disprove paternity have their wages taken from them, and the law will continue to force them to pay child support even if DNA evidence proves the man cannot be the father.

The second form of paternity fraud is what happened in my case. I was married to the mother and believed the child was mine. I fully accepted responsibility for him and was happy to support him. Later I discovered that the child was not actually my son, yet the court still required me to pay child support. This form of paternity fraud involves a man finding out he was not the father of a child he believed to be his own, but the courts still force him to pay child support—even if the biological father is in the picture.

B. Modern-day Slavery

Although it is true that on December 18, 1865, the 13th amendment of the Constitution formally freed the slaves, a different form of slavery remains active today. While pre-Civil War slaves were “chattel slaves”—slaves whose owners held legal title of them—today’s slaves, though not “owned” by another individual in the same sense, are nonetheless involuntarily pressed into service by the plague of paternity fraud.

Almost no human condition can compare to the experience of the black American chattel slaves, of course, and I do not mean to belittle their plight, the effects of which continue to reverberate throughout our society some one-and-a-half centuries later. Rather, I merely mean to channel the outrage a decent society expresses towards slavery by highlighting its trait of involuntary and uncompensated servitude, a trait it shares with paternity fraud. Paternity fraud forces the victim to forfeit his wages to the fraud’s perpetrator. Refusing to work is not an option, and, as I frustratingly learned, the effects can easily and quickly progress beyond the point of legal recourse. As the 13th amendment prohibited such servitude in all its forms, the deplorable allowance of paternity fraud should not be allowed to stand.

C. Why Paternity Fraud Occurs

Although defining a child’s “best interest” is an inexact science, most would agree that a child’s best interest involves physical well-being and financial support. Determining who should ensure that well-being and provide the support requires establishing the child’s parentage. If the mother is married, the child is presumed to be the mother’s husband’s; however, if the mother is unmarried she has the broad power to name a father on the birth certificate.

In order to alleviate strains on the welfare system, the state desires to find a father. Thus, the state has made it frighteningly simple for an unwed mother to announce a father of her choosing. Because the mother is not bound to provide accurate information, the alleged father often does not receive notice of the paternity claim, and the window of time to challenge it expires. Frequently, men don’t even find out about any of this until their wages are garnished and it’s too late. Paternity fraud also occurs in cases like mine, when a man believes he is the father only to later find out he is not, but still has to pay for the child.

D. The Government’s Motivation

Many members of the public too readily accept the motives of the government and the courts at face value, believing that these institutions have no interests in mind other than those of the child. A closer look, however, reveals a far less compassionate financial motive.

If Michigan complies with Title 4D of the Social Security Act, it may receive a federal grant to fund its child support program. In order to encourage compliance, the federal government links the child support grant with the Temporary Assistance to Needy Families (TANF) grant. These conditional grants create an incentive for Michigan to collect as much child support as possible, calling into question the level of scrutiny given to the propriety of child support obligations. When single mothers receive welfare, legal, even if not biological, fathers forfeit much of their child support payments to the state in order to reimburse it for its assistance. The net effect of this scheme is that the more child support the state can award, the more revenue it can reap. Given that there are of approximately 800,000 custodial divorced parents in Michigan who receive Title 4D benefits, the state has much to gain by finding men to pay.

The citizens subject to this abuse must demand its end. Well-intended welfare reform is being used to against those it was supposed to help. Furthermore, the judicial system is fueling this abuse with unchecked awards of child support and an often inaccessible appeals process.

E. The Actors

The child support system is a self-perpetuating machine of corruption fueled by greed and power. The foot soldier of the system is the attorney. Although I would highly recommend obtaining the advice of counsel for anyone going through this process, one must keep in mind that the attorney depends on conflict and animus for his or her livelihood. Furthermore, an attorney will not likely raise more than a token challenge to a judge’s authority or reputation, realizing that his or her career may depend on a good working relationship with that judge. This consideration may conflict directly with the interests of the client, and by extension the interests of the child. Although grievance procedures are available, my experience has shown them to be completely ineffective.

Another actor in the system is the Friend of the Court (FOC). The FOC is a statutorily enacted agency created to assist the court in family law cases by, among other things, investigating custody, parenting time, and child support collection, and making recommendations to the judge, to whom the FOC directly reports. Of these duties, the FOC tends to focus heavily on the child support collection, virtually never missing an opportunity to prosecute a “deadbeat.” By contrast, the FOC rarely intercedes upon learning of violations of parenting time. The reason is clear: enforcing child support generates revenue for the state, but enforcing parenting time does not.

Moreover, the FOC does not place nearly as much emphasis on delivering the support as it does collecting it. Michigan has almost $20 million in support funds that it has not delivered to recipients due to an inability to contact them. If the child’s best interest were truly its chief concern, however, the FOC would redouble its efforts to locate the recipients. Moreover, it would enforce the custodial parents’ legal duty to keep such information on file. As the FOC’s superior, the Chief Judge has the power to make this happen, yet it has not been done.

F. The Grievance Process
Anyone wishing to file a grievance against the FOC must do so with the director of the FOC who has 30 days to respond. Having a grievance heard by the very office that is the subject of the grievance presents obvious conflicts of interest. Although the complainant can proceed beyond this level by appealing to the Chief Judge, this does little to assuage the conflict concerns since the FOC acts pursuant to the Chief Judge’s orders.
The state has attempted to address some of these issues, though not with great success. Governor Granholm recommended that each county in Michigan implement a citizens advisory committee as an alternative forum for complaints, but not all counties have followed this recommendation. Furthermore, the FOCs are supposed to assign each grievance a case number in order to better track the complaint, but instead of performing this task diligently, many FOCs liberally dismiss complaints and take no further action. There is some oversight; for example, each year a senate committee reviews grievances filed against the FOC in order to assess the FOC office.

For a while, some progress was made in holding the FOCs and judges accountable, including establishing independent oversight boards that were privy to closed FOC meetings. After controversial revelations, however, the oversight boards have been excluded from FOC meetings. Complainants may still file grievances against judges, but the state-employed attorneys require very high standards of proof to implicate a judge, and so these grievances rarely produce quantifiable results.

II. My Story
A. The Fraud

As I relate my story, you will see the various components of the system that I have described in action. My story spans 20 years and has culminated in ludicrous results, forcing me to reimburse the state for welfare that the mother of another man’s child fraudulently received and compelling me to pay child support to the child’s biological and custodial father. This did not happen as the result of unrelated coincidental misfortunes, but rather from a systematic corruption that infects Michigan’s legal system. What is worse is that my story is not an isolated anomaly, but one of many such atrocities that ruin lives each day.

When I was 19 years old I married my girlfriend. Two months later, I was a father, and a proud one at that. Soon thereafter, my wife gave birth to a second child—like the first, a boy. In our fifth year of marriage, however, we decided to split up. In almost no time at all, the mother reunited with an old flame. Initially, my wife filed for divorce. Later, I would file as well, but not until I had learned some shocking information about the children.

In the early stages of the divorce proceedings, the mother and the boys moved in with her ex-boyfriend. This act raised my suspicions, and they were confirmed when my ex-wife’s eldest son informed me that the ex-boyfriend was his real father (his mother told him as much). Despite this information, the court refused my several requests for a DNA paternity test because the mother testified repeatedly under oath that I was the biological father.

The court was less than sympathetic to my plight. My original counsel advised me that if I wanted to contest paternity, I needed to request a stay to seek new counsel. I immediately did so and obtained new counsel. The new attorney was unable to attend the judgment on such short notice, however, and I had to petition the court myself. Three times I asked for a stay to determine paternity and for representation, and three times I was denied. Over my objections, the judge entered the divorce judgment. The judge patronizingly added that his children were adopted yet he loved them as his own. What difference, he seemed to imply, does paternity make?

After the initial proceedings had concluded, the court honored my request for a paternity test on the condition that its results be used only for medical purposes and not for legal purposes. The test was done and I awaited the results. In the meantime, my attorney appealed my case to the circuit court on the grounds that the judge had abused his discretion in denying my earlier requests in light of the disputed paternity.

Also during this period, my ex-wife declared her intention to isolate me from the two children, although the ex-boyfriend and biological father of the oldest son still refused to officially acknowledge his paternity. In furtherance of that effort she offered me a settlement, via our attorneys, that would eliminate my required child support and health insurance payments in exchange for my forfeiture of all visitation rights for both children. The FOC had brokered this deal and my attorney advised me to accept it and petition later to reinstate my visitation rights.

Against my better judgment and swayed by the specter of complete alienation from my son if I continued to fight, I accepted the deal. We went to court to finalize the settlement. The judge asked the mother if the settlement reflected the outcome she wanted, and she indicated that it did. But instead of asking me the same question, he accused me of wanting to sell my children, and began crossing terms off of the settlement. When he finished, he had eliminated my visitation rights and reinstated my child support and health insurance obligations for my ex-wife’s son. Somehow, I had gone from an unfavorable settlement to an unconscionable “agreement” that required me to pay a father to support his own son but prohibited me from ever seeing that child (or my own child).

B. The Aftermath

Over the years following the decision, I had to develop coping mechanisms to deal with the anguish of alienation from my son and the burden of paying child support for another’s child. I learned to live with the child support and health insurance payments by thinking of them as taxes that came out of each paycheck—as a forgone conclusion of money I would never see. But I could not come up with any clever device for coping with the separation from my son or his brother. I would often find myself wondering what they were up to, how they were doing in school, and what they looked like. I also wondered what they were being told about the source of the money their mother received each month.

Eventually I remarried. At first, I was adamant that we would not have any children. My past experience had cut deeply and, although it seemed well outside the realm of possibilities in this relationship, I could not bear the thought of reliving the experience. As the passage of time assuaged my pain, however, I learned that this relationship was different. My lovely wife and I have now been together for 14 years and have a wonderful three-and-a-half year old son.

Although the pain healed somewhat, my curiosity about how this could have happened remained strong. I had paid over $80,000 in child support, and my employer had been billed almost $70,000 for child health care premiums. I had to investigate.

C. The Investigation

I began to request records from the FOC office. Even as a person with no legal training, I knew something was terribly wrong. My instincts led me to involve the media, who seemed to share my skepticism. They were more successful at obtaining documentation that I could not access. Several outlets aired revealing exposés that all asked the same question: how did this happen?

I began receiving a good deal of positive feedback from the public. My phone rang constantly and I received many letters expressing outrage and support, with some urging me to crusade for other victims of paternity fraud. Even a state senator, during a television interview, agreed that my case raised serious concerns and one must strain to fathom the judge’s reasoning.

In the meantime, I filed a motion to erase all debts owed to the mother and the biological father. This time, the court ruled in my favor. Furthermore, I was granted visitation to see my biological son, whom I had not been allowed to contact in over 15 years.
As my investigation moved forward, I began to learn just how out of the loop the FOC and the court had kept me. For example, I discovered that the mother, having abandoned both children to the eldest’s father’s care, had petitioned the court to redirect my child support payments to the father. Moreover, the court granted the request without any regard for the requirement that it notify all parties within 30 days to allow an opportunity for objections. Rather than notifying me within 30 days, the court allowed me to find out through my own personal investigation many years later.

Based on this information and a FOC bureau memorandum I discovered, that directed FOC offices and Chief Judges to adhere to the 30-day notice requirement, I filed a grievance against the FOC. Shortly thereafter, the State Inspector General’s office contacted me concerning an investigation into the mother’s welfare fraud. Apparently, as I was paying for her child’s health care, she was also receiving duplicative health care payments from other providers. Furthermore, the FOC knew that the mother had received payments from providers but shirked their duty to inform me, which would have allowed me to stop my payments.

The more I learned, the more I wanted to dig deeper. With this new welfare fraud information, I filed another grievance against the FOC. I wondered how the FOC could award the mother, and then the father of the eldest son, sole custody in light of these revelations. The FOC should have known these facts, and yet it still concluded that living with these two, completely cut off from me, was in the best interest of the children—even my biological child. This, however, paled in comparison to what I learned next.

Recall that the mother and the FOC conspired to redirect my child support payments to the biological father without notifying me. This took place around 2001, soon after the court allowed the mother to abandon the children to the biological father, whose legal status was no more than “live-in boyfriend.” My research, however, uncovered the father’s felony complaint and arrest warrant from only four years prior. He had been convicted of a felony with a firearm and assault with a dangerous weapon.
Ironically, the state’s main witnesses included my ex-wife, some of her girlfriends, and the father’s own son. The episode involved the father returning home intoxicated and abusive. He brandished a rifle and took his own family hostage, destroying property and breaking windows. The son testified that the father told them they would all die. The police surrounded the home, and the father surrendered after a lengthy standoff.

Certainly, the court had access to these records, yet this felon is the man whose parental duties I had been subsidizing all those years. He is the man who the court deemed fit to raise my son and his. He is the man to whom the court awarded my son, entrusting him to keep my son and forbidding the boy from ever seeing me.

The FOC proved as unhelpful in the grievance process as it was in the proceedings. My first complaint went unanswered well past the 30-day limit. So did my second complaint. I filed a third grievance with the Chief Judge who, along with the FOC bureau, assured me an answer was forthcoming. After the time limit for all three grievances had come and gone, I received notice that each was outside the scope of the grievance process.

I appealed my denials to the Chief Judge, and once again received a negative response, this time with the word “DENIED” in all capitals. I also appealed to the FOC to try to stop my wage garnishment, which the state was using to reimburse the mother’s fraudulent health insurance payments. Although the state was aware of the fraud, they refused to stop my garnishment, meaning that I was forced to pay the state for money it had already been reimbursed. I have refused to pay, but to this day, the state continues to pursue my wages, placing a garnishment against my tax returns.

III. What Can Be Done?
A. The Problem

I do not claim that the entire government and court system in the state of Michigan is infested with corruption. Small pockets of corruption exist, however, and can ruin lives when they fester in chokepoints that cut off all recourse for people like me.

The Michigan court system does not operate autonomously, nor do the executive and legislative branches. Ultimately, the United States Constitution governs each to some degree. When the state denies its citizens of due process, the federal government must act to restore justice.

B. The Solution

The federal government must be compelled to launch a federal investigation. An impressive petition is one of the most effective means of bringing this issue to the government’s attention. I hope that those of you who have read this letter and been moved by the outrageous official acts I have described do not succumb to a feeling of hopelessness. Instead, I hope you are motivated to push back, realizing that your signature on a petition does count; in fact, it may be the only chance at righting these wrongs.
I ask that you take the following steps:
1. Go to http://new.petitiononline.com/FOCHELP/petition.html
2. Sign the petition


Please do not hesitate to contact me personally:
Mr. Douglas Richardson
709 McDonnell
Essexville, MI 48732

I was on a driving vacation. I was stopped in Eureka. I was pre-occupied with finding a "yes" vacancy hotel late Friday night, so my driving probably did look erratic. The Sheriff didn't cite me for anything, but checked my license and found a "suspend license" courtesy of the Child Support system. I knew it was a mistake, but I had to spend the night in the car and was denied a hotel room for lack of ID. Fortunately, Saturday I sought community resources and found a soup kitchen with info. Apparently they have lots of calls for such information, because that is where people in this situation find themselves. If they hadn't told me what to do, I would have been there several weeks while DMV and DCSS "retrieved" my license. Monday morning DCSS admitted that they sent the wrong form to DMV and did not respond to DMV correspondence months before asking them to correct it. I was helped by the soup kitchen, the Humbolt Sheriff, and some higher ups in the DCSS. Lower level women at the Sheriff and the hotel were gleeful at my predicament, so I guess all of that child support money I have been paying instead of acutually raising my children like I want, really is just women's vengence money.

I've been a fathers rights consultant and paralegal for the past 25 years. I've assisted hundreds of self-represented litigants with their paperwork on motions, appeals, lawsuits, federal lawsuits, habeas corpus, etc.
Several years ago a worked on a case called Weinstein v. Albright, (which is reported in the Federal Reporter 3d) regarding a passport denial for owing child support. The mental masturbations by the federal district judge and the NY state child support enforcement unit was criminal.
But, what was worse was that when the case was reported, after having been through the appeal process at the 2nd Circuit US Court of Appeals, when the case was reported they lied about us not responding to the NY State child support enforcement unit's affidavits. We, did indeed, respond with several affidavits and dozens of pages of exhibits showing that Weinstein had a fundamental right to travel, right to work, and right to freedom.
Not only is the court system corrupt and gender biased, it is also acting criminally to deny fathers true rights that they already have by using fraudulent caselaw that is corrupted by the people that write this stuff--Westlaw, Lexis, etc. Also, the federal courts, along with the state courts, are part and parcel of the criminal racketeering conspiracy and extortion ring. When the entire court system acts as mobsters, then IT is time for a serious revolution where we need to institute demonstrations and riots against lawyers and judges, as they did in NJ around the beginning of the 1800s.

I want to thank Matt Welch for reporting on these issues that obviously don't receive nearly the attention they deserve. The pieces about paternity fraud are as compelling as they are heartbreaking. We as a society can not make the necessary advancements to improve the lives of all citizens until these atrocities are given their proper due.

Sincerely,

Robert Hayward
Dover, N.H.

The Court, Judge Isabel Cohen, allowed my wife to transfer her property to her brother so that she could claim bankruptcy and make me pay for an auto accident of hers that occurred after our separation.
As a result, my driver’s license was revoked for two years. I had to pay ten thousand dollars to settle and retrieve my long lost driving previleges.

In a similar disfranchisement, I was forced to pay the IRS seven thousand dollars because the court, Judge Marjorie Steiner this time, refused to give me a statement that I was the sole support of my children until it was too late as far as the IRS was concerned.

"Admittedly, these measures involve some modest individual inconvenience. But, that far outweighs increases in identity theft, or having to explain to a future 9/11 commission why terrorists were able to use fraudulent identification to enter the United States and carry out an attack."

Is there anything that can't be justified by saying that it protects us from another 9/11?

And if these changes are so damn important, why did we wait all these years since 2001 to implement them?

And what's the difference between a "modest individual inconvenience" and an injustice? Isn't a "modest individual inconvenience" just when it's happening to someone else where an injustice is when it's happening to you?

And who is this guy to make value judgments about whether stopping an alleged increase in credit fraud makes these "modest individual" injustices acceptable?

Come on People wake up and smell the coffee, what are they going after next the childs paper route money.

Starting Oct. 1, the state will deduct $25 per year from child support payments made to about 75,000 Washington parents who have been awarded custody of their children, typically following a divorce.
The fee will kick in after at least $500 has been collected, and will apply only to custodial parents who have never been on welfare.

Two-thirds of the $1.88 million expected to be raised will go to the federal government. The rest will stay in Washington, said Adolfo Capestany, a spokesman for the state’s Department of Social and Health Services.

The fee is an outgrowth of the federal Deficit Reduction Act of 2005, which requires every state to begin collecting the money Oct. 1.

It’s to “offset the costs of providing services,” said Capestany.

The department will automatically deduct the $25 when child support payments pass through it from one parent to the other, Capestany said.

His department will mail out 75,000 fliers this week to alert parents to the fee.

Parents can petition the department for a waiver if they feel paying $25 a year will cause hardship, but the department said in a Tuesday statement “waivers will be granted only in limited circumstances.”

http://www.thenewstribune.com/news/local/story/138458.html


Once the government claims its motive is "to collect child support" then all bets are off as far as anything remotely resembling truth, justice, or children. With rare exception, the media turns a blind eye to massive government corruption and exploitation of children, apparently because once the term "deadbeat dad" is bandied about, well, we all know fathers are irresponsible and the government would never exploit childern, so there is no need to look into any facts.

Without fully detailing my plight and that of my children, I'll just mention that my case involves all of the following: paternity fraud, rampant perjury by the mother - some of which she admitted and some proven otherwise but all overlooked, strong evidence of pedophilia on the part of the mother, who has a family history of incest and pedophilia and a brother in prison for it, my getting beat up by her and her father, only to have charges filed against me, routine denied visitation, until it was cut off entirely because of the ensuing witch hunt once a child alleged being molested by the mother, and ultimately, having my parental rights terminated for following an order to have no contact with my own children (a.k.a my choice between prison or "abandonment") and for "late payment of child support" (would you pay a pedophile to take your children from you just because it's ok with some judge?).

The bottom line is this: children of America desperately need for the media to awaken from its unrelenting brain-dead father-bashing stupor and to start doing some real investigative journalism to expose the massive corruption hiding behind the terms "child support collection" and "the best interests of the children".

The County and States Support Report for my case has not been correct, however, after eight months and a half dozen court appearances I received $19,000 in credits due to me.

The support clerks have no basic accounting experience or education, for example, they do not know what "prorate" means.

That our federal government provides up to $4.1 billion in "incentives" to local government that establish support Orders, collect on amount due, and create arrearages (See 6B, 6C, & 6D).

http://www.ssa.gov/OP_Home/ssact/title04/0458.htm

I'm tired of the feminized (man bad, woman good) government and media. I may have Feminist Deficit Disorder.

This whole passport thing is a red herring.

Passport--the government issued document vouching for your US Citizenship.

Passport refused=citizenship revocation? I think not, but it may as well be.

Now, lets quantify this a bit.

The original AP article quotes FU-WA (feminist utopia of WA) Division of Child Support spinmeister Adolfo Capestany about the big score two wimmin' got from (supposedly) the passport revocation program.

Adolfo was on talk radio, as was his boss, David Stillman. I followed Stillman on one station. Luck would have it, DCS coughed up their spreadsheet where they track the passport revolked beat-dead dads just before the show. A quick parsing of the data revealed the following:

--There are only about 250 folks per year average on this list
--The average amount owed is about $2K, which means they have substantially paid down the debt since they were put on owing over $5K
--There are many exemptions, for jobs, sick relatives and the like
--As long as you make some arrangement to start paying on arrears, they will give you your passport back
--The total "recovered" is about a half mill per year, which probably would have been paid anyway.

Those few cases where someone MUST travel, and HAS the money, well, maybe it is effective against them. The great majority of MEN on the list (no women that I could find) are folks who make little money. Remember, in excess of 80% of payers in arrears make lees than 10K per year!!!!!

Bottom line, you can spin and crow and chest thump about how this program is effective, but bottom line, only against maybe 5 folks in a year. The rest pay off arrearage in the normal course of business.

Side notes: Adolfo Capestany came to AmeriKa from Cuba at age 7. Seems that he may be a passport victim, if he ever loses his cushy state job. When he worked for the former director, the evil Ray L. Weaver, he was licensed to beat up the deadbeats in the press. His presentation was much more reserved on the radio, so much that I made inquiries and discovered that indeed, he was taken out behind the barn and talked to before his radio performance, and told not to vilify the beat-deads.

The Geezer has spaketh.

Horror story after horror story. It never ends, every story is unique but the outcome is always the same. Throughout the United States the laws are not followed Judges make rulings on perjured and false evidence. There is no safety in the outh to tell the truth. Lie’s deceit and a Judge’s wanton disregard for your fundamental rights will have you in a state of consent litigation.

I recently attended just such a trial. Where it was proven 5 separate times that this individual was lying. Rather than punishing her for lying the Judge awarded her with sole custody. What are we teaching our children if it is ok to openly lie in court and be rewarded for it? Even, after the judge stating there was no change in circumstances. She went ahead and changed the court order, which granted both parties equal and shared parenting. Of which cost me well over 100k, 4 years of litigation and my incarceration over and over again. For a violation to an order of protection. Even after being found innocent of the charges which brought the order of protection. I was further prosecuted under a violation to the order of protection.

There is no constitutional rights any longer when it comes to an individuals right to freedom of speech. You no longer have the right to parent your children without Governmental interference. Government was never to be allowed to enter our homes and tell us how to run our house. Now they have brought pillows, blankets and camping out in all our living rooms. I too proudly served this country and now ashamed I would ever defend anything but my home and yours. I certainly will not recommend a service to our country to anyone. If they want military personal, let these women feminist pick up arms and defend our rights and freedoms with their lives. Then when as many women have died as men then they may recognize men are just as capable of raising children as women. They will also realize women military personal die just as easy as men.

If the press does not stand up and begin reporting on these issues as if it was the Iraq war. It will be the freedom of the press who surfers next. I will end this with a simple idea: “If America doesn’t negotiate with terrorists. Then why does Family Court keep holding our children hostage?”

McCARTHYISM IS ALIVE AND WELL IN THE FAMILY COURTSI am a single father living in an old steel town in Mahoning County Ohio. Since the demise of the steel mills the largest business is a collaborative: Ohio Department of Job and Family Services (welfare department), child support enforcement and the court system. These entities individually are proud of their partnership and collaboration efforts designed to extort money from the residents of Mahoning County, using a political tactic from the 1950's, called 'McCarthyism'.Accusations of communism in the 1950’s were designed to eliminate much needed social reforms that would allow this country to realize a dream as good as its promise. The new-millennium McCarthyism is a loyalty program that ‘blacklists’ its victims by calling them 'dead-beat parents', and then defrauding them of all of their assets in the name of family values. I am a victim of this new-millennium McCarthyism and I am fighting back. After 10 years of fighting my 'ex', who is employed by the department of job and family services, I was able to strike a blow that is beginning to clear my name. In 2006, on the advice of my legal advisors, I was able to get an 'order of default’ against the 3-headed monster. After their repeated refusal to answer basic questions like, how did you calculate my child support payment amounts? Or Why my request for shared parenting is repeatedly ignored? An order of default was filed in Mahoning County Common Pleas court in March of 2006. Some of us were beginning to realize that this 3-headed monster is not invincible and they do have to answer to someone in the chain of command. The Department of Health and Human Services and the Office of the Inspector General will, I hope, review carefully the mountain of evidence I will present them. I have documented fraud ranging from, falsification of official documents by the child support agency and juvenile court, to basic refusal to perform their duties as prescribed by law. In published performance audits the child support enforcement agency was found negligent in performance of their duties.How can the public make educated decisions on these issues and protect the community and the children across the Nation if the corrupt system stifles all details? The corruption in the Family Court System in Ohio is horrendous and yet the truth is not being shown. More then 87% of the fathers in family court are ruled against because the father is more likely to have a larger income, willing to pay the extortion fees to be with his children even a fraction of the time and also the courts can not so easily rule unfairly against a woman for fear of the Women's Rights Groups and the Media retaliating. Instead the media outlets are told that these cases are against "Dead Beat Dads" and nothing more is researched by the reporters. In truth, these Dads are being charged sometimes more then two-thirds of their income. Once he can no longer afford to pay the extortion, he is then told he no longer can see his children, his business licenses and drivers license are revoked, his home is legally stolen and then he is thrown in jail. So what is left? A fatherless child, a mother that is angry because now the "Free" money is no longer flowing, the child is now 70% more likely to become involved with drugs, 82% more likely to drop out of school, teenage pregnancy is 10 times more likely. Yet the Family Court houses continue to manufacture more single parent homes. Where does this stop?The State of Ohio continues to victimize the children in our communities by removing one of their parents out of their lives, not for the child's benefit, but for greed. How many children benefit from having a loving parent stolen from them? The truth of the matter is the fact that the Federal Government, through the Social Security Act #458 http://www.ssa.gov/OP_Home/ssact/title04/0458.htm, pays the States for each child drug into the system. The State can profit up to $2 for every 1 dollar collected through child support, so it is to their benefit to “miscalculate” support payment amounts and “fabricate” arrearages. These programs are not by themselves bad programs created by the Federal Government, they are only bad because the Federal Government allows the abuse of them with virtually no over sight. The States in the past were prosecuting cases of Welfare fraud, now the States ARE the violators. Who prosecutes them?I have the legal documented proof that the Court Systems refuses to operate within the laws and the extortion of good families will continues to benefit the State. Their actions are clearly not in the "Best Interest of the Children".Signed,STILL WAITING FOR AN AMERICA AS GOOD AS ITS PROMISE


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