Wednesday, August 10, 2016

An Outrage! Out of Control Child Support Government Agencies! This is Jerry Springer Show Material!


Well, you probably won't believe me when I tell you, my readers, about the stories I have been hearing about the horrible, terrible child support cases going on in this nation - especially here in the great state of Missouri (which lately is not so much).

Did you know that the only court in the nation - the family law courts - DO NOT demand proof of paternity and take the mother's word that some such person is the father of her babies?  NO PROOF REQUIRED.  The court takes the word of the mother on face value - without any type of proof to support her claims of paternity.  NO PROOF!  If that isn't the most ridiculous item of the day.  And, worse, these alleged "fathers" are being jailed and their financial lives ruined all because of this insane and corrupt and reprobate system.

I am not at all saying that parents shouldn't support their kids.  All I am saying is that men who are NOT fathering children should not be paying child support on a child that is NOT their own.  The biological father should be the one paying - regardless of whether the mother is married to someone else or not (or was married and having an affair) OR JUST PLAIN LYING ABOUT THE PATERNITY OF THE CHILD.

CASE IN POINT

I have a friend, whom I will address as Mr X.  Mr X was dating a girl back in 1995.  They dated and had intercourse.  Later, they broke up but had never colluded to form a family or have a child together.  Months later, she left for another state and said called saying she was going to have a baby. Perhaps it is his child.  BUT perhaps not.

Later, in the other state, she filed for child support.  My friend wanted a paternity test and submitted blood work on the order of the other state.  But, the mother never did submit the child for testing.

FAST FORWARD TO 2014

Our attorney, Craig, got the case dismissed (but not permanently) in Missouri.  It was dismissed without prejudice.

During our meeting with him, he mentioned that there have been numerous men who have committed suicide because the child support issue is so bad here.

FAST FORWARD TO 2016

My friend, Mr X, has been sending correspondence to the state where the mother resides now.  Their response: A child support bill.  All of his legal arguments and reasons not to pay until a paternity test could settle the matter had been ignored.

Just recently, we had sent the following correspondence (to no avail):

In the Matter of:
Petitioner XXXXXX
& Mr X
Case #:  XXXXX
To Whom It May Concern:
Please be advised that this case is also connected to Case #: XXXX (which was dismissed).  (See attachment A).
I contend that I do not owe any such child support and contest any amount owed to Petitioner XXXXXX.
My rights have been disregarded on multiple occasions regarding this matter and I have repeatedly demanded that paternity be established with regard to my rights under the following statute:
15 U.S.C. § 1681 (“FCRA”) 622
The State of X has repeatedly reported the amount due to the national credit bureaus in the amount of $166,781.29.  This is intentional credit interference with my credit expectancy.  As the law requires, this arrearage may only be reported once proof of such a claim has been established.  The only way proof can possibly be established is by the execution of a paternity test.
I also dispute the fact that the arrearage amount is a completely arbitrary amount that was fabricated by the courts and that the amount due is fraudulent and that no proof of income was ever used (nor any formula ever disclosed to me) in how this figure was calculated.
Furthermore, I have never claimed to be the father of the child in question.  I have never claimed to have had a right to the child or invited the child to be part of my life in anyway.  This would have been impossible as the mother of the child, Petitioner XXXXXX relocated to X and after having the child, only then advised me (nearly a year later) that she had a child.  I have no way of knowing whether the child, in question, is actually my own.
I do not believe that child support should be enforced for the reasons that:
(1) Paternity has never been established (even though I had submitted to DNA testing several times) and Petitioner XXXXXX refused or failed to submit the child for same.
(2) Petitioner XXXXXX denied me of my right to know whether or not the child is indeed my own.
(3) Petitioner XXXXXX denied me the chance to see the child in question.
(4) Petitioner XXXXXX also relocated to another state without my knowledge or agreement.
According to Nolo.com the following legal opinion on matters of paternity and child support (with which I fully agree) states:
Determining the answer to the seemingly simple question "Who is the father?" is not as straightforward as you might think. Different circumstances give rise to different legal rules.
When Paternity Is Agreed On or Presumed
Acknowledged father. An acknowledged father is a biological father of a child born to unmarried parents, for whom paternity has been established by either the admission of the father or the agreement of the parents. An acknowledged father must pay child support.
Presumed father. If any of the following are true, a man is presumed to be the father of a child, unless he or the mother proves otherwise to a court:
The man was married to the mother when the child was conceived or born, although some states do not consider a man to be a presumed father if the couple has separated.
The man attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the attempted marriage.
The man married the mother after the birth and agreed either to have his name on the birth certificate or to support the child.
The man welcomed the child into his home and openly held the child out as his own.
In some states, any of these presumptions of paternity is considered conclusive, which means it cannot be disproven, even with contradictory blood tests. In Michael H. v. Gerald D., 491 U.S. 110 (1989), the U.S. Supreme Court upheld California's presumed father statute as a rational method of protecting the integrity of the family against challenges based on the due process rights of the father and the child.
A presumed father must pay child support.
Equitable parent. The law has changed a great deal in the last decade, and now in quite a few states, a spouse who is not a legal parent (biological or adoptive) may be granted custody or visitation under the notion of equitable parent. Courts apply this concept when a spouse and child have a close relationship and consider themselves parent and child or where the biological parent encouraged this relationship. If the court grants an equitable parent custody or visitation, then the parent will also be required to pay child support. This type of parentage decision occurs frequently in cases where same-sex couples are parenting together. 
Alleged father. An unmarried man who impregnates a woman is often referred to as an alleged father, or sometimes simply as an unwed father. An alleged or unwed father will be required to pay child support if a court determines or he acknowledges that he's the father; in addition, an alleged or unwed father has the right to visitation with his child and may seek custody.
Stepfather. A stepfather is the spouse of a legal mother and is not also the biological father of the woman's children. A stepfather is not obligated to support the children of the woman to whom he is married unless he legally adopts the children.
Paternity Actions
A paternity action, a court suit filed to have a man declared the father of a child, can be brought by either the mother or the father. Paternity actions are sometimes called establishment hearings, filiation hearings, or parentage actions.
Most paternity actions are initiated by welfare officials who provide TANF (Temporary Aid to Needy Families) to the mother and are required by law to seek reimbursement from the father. The mother must cooperate in these proceedings; failure to do so can result in a reduction or loss of her TANF grant.
Today, blood and DNA tests can affirmatively determine paternity with a 99.99% accuracy and can rule out paternity with 100% accuracy.
If paternity is established following a paternity action, the court will order the father to pay child support and grant him custody or visitation rights.
Source: http://www.nolo.com/legal-encyclopedia/paternity-issues-child-support-29847.html
I declare that I do not fit lawfully into any of these categories as defined by legal definition.
Petitioner XXXXXX and myself never established a “family relationship” and that no “family” has ever existed between  myself and Petitioner XXXXXX.
Furthermore, if I am required by the State of X and/or the State of Missouri to pay this child support without having a paternity test to determine whether or not I am the biological father, then I will sue both the State of X and Missouri for the following amounts in question:
(1) Actual damages in the amount of $333,352.58 ($166,781,29 from each state)
(2) Punitive damages in the amount of 10x the amount rewarded by the courts from the State of X in which was arbitrarily decided by the courts for denying my rights to have a paternity test denied me ($3,335,625.80).
(3) Punitive damages from the State of X and the State of Missouri in the amount of 10x the amount of the paternity arrearage due ($3,335,625.80) with regard to the legal concept of, “Interference with Credit Expectancy”.
(4) Punitive damages from both the State of X and the State of Missouri for harassment and causing me undue economic hardship and emotional duress regarding the harassment I have received over the past 15 years regarding this nonsense ($3,335,625.80).
(5) I will also sue for complete expungement of the derogatory information contained in the public record regarding this child support issue as it has unjustly (even until now) damaged my reputation and defamed my personhood.  For this defamation of character, I will sue both the State of X and the State of Missouri ($3,335,625.80) for this injustice.
(6) I motion that this court action be immediately dismissed WITH PREJUDICE by both the State of X and the State of Missouri without further delay, and, in exchange, I may elect not to sue for damages.
Sincerely,
Respondent
Unfortunately, Mr X had since gotten a job at a local retailer and now the child support is now being deducted from his check: $1,200 monthly AND WITHOUT PROOF OF A BLOOD TEST!  Now, he's been dealing this for nearly 20(+) years now and I have tried to help him as best as I can with his situation.

Now, we are asking for $10,000,000 for each year he has been mistreated during this ordeal and denied his right to a paternity test.  Why so much?  Because if you don't sue for a huge sum of money, it won't get the state's attention and they will keep abusing citizens and all without the consideration of a blood test.

Another Attorney

Gary is a great family law attorney.  But, what he told us was enough to make me vomit.  He said that the judges are "immune" from harm because they "rely" on the claims of the mother.  Blood tests are not primarily required.  A simple statement is mostly all that is required AND WITHOUT PROOF.

Funny.  I disagree that a government can be immune from their actions.  The state IS NEVER immune to mistreating and falsely imprisoning their citizens.  All courts MUST run on EVIDENCE. It is evidence that decides the matter - in this case, a simple blood test.

I stated that Lincoln, at the Gettysburg Address, uttered the words, "a government of the people, by the people and for the people" is what true governance is.  Since Abraham Lincoln said this, it is taken as a form of "agency law" with respect to the government handling the affairs of the people. Anything less is a system of corruption, abuse of power and lack of due care.  GOVERNMENT IS ALWAYS ANSWERABLE TO THE PEOPLE.  The government has a fiduciary duty to act with due care with regard to all of their citizens.  Failure to do so places the states at terrible financial and legal risk (as in this case).

Getting Yet Another Attorney

Mr X is now in the process of hiring another attorney in another state to get this case dismissed. Then, we will need to locate another one to file the civil suit.  So, stay tuned...

1 MOTHER, 3 BABIES, 9 MEN

Mr X told me about another case whereby a mother of 3 children filed for child care against 3 men WITHOUT PROOF.  Then she changed the names of the babies and then filed another 3 claims against another 3 men.  She did it again one more time and got caught collecting 9 child support checks from 9 men for 3 babies.  The state caught on to her shenanigans and she is now serving 18 years in prison.

1 MOTHER & 2 MEN OF DIFFERENT RACES - ONE WHITE, ONE BLACK

In yet another case, a white mother got pregnant by an African American and filed for child support for the child against the white male.  The kid didn't look anything like the father, and being black, it was plain to see.  He (the alleged father) hired a private investigator and, by bringing his findings, she went to prison for fraud.

THIS IS WHAT HAPPENS WITHOUT PROOF.  THE INNOCENT PAY AND PAY DEARLY.  TIME TO CHANGE THE RULES OF THE GAME.

Write your congresspersons: http://www.house.gov/representatives/find/

Tell them how wrong this really is!  Family court is the only court in America where PROOF OF PATERNITY ISN'T REQUIRED.

Contributor,
Michael Hathman