Post by Jim on Jun 12, 2009 16:12:00 GMT -5
Don’t believe the lie that we arrest fathers who owe child support because "it's for the children". Child support was never about taking care of children. When the politicians decided to end welfare, they lied to the simple-minded public and said that they'd make dads take care of their children. The problem was that many of the dads didn't make enough to pay.
Child support now is mainly a government tool to control and destroy families. Mothers have to divulge personal information about her and her children to get help. Once in the system, the information is monitored. The fathers’ every move is tracked like he’s a criminal. His pay and assets can all be attached. It’s no more than modern day slavery.
Just like welfare, mothers cannot get support if dad is still in the family so child support destroys families. The system has brainwashed mothers into believing that their children don’t need fathersjust a check. Ultimately, as we see every day, it’s the children who suffer, but by the time the mothers realize it, the damage is already done.
The government claims that parents are responsible for supporting their children. However, if one parent can’t work and payeven due to a disability, he goes to jail while if the other parent won’t work, the government gives her welfare (AFDC), housing assistance (Section 8), food stamps, education and day care assistance.
Support amounts are set excessively high because states receive federal money based on how much support they collect. This is why it’s illegal for a judge to reduce arrears and why they don’t reduce amounts even in situations in which dad loses his job or can’t work. It costs about a billion dollars in TAXPAYER money each year to run EACH state’s child support program. I guess that means we all pay child support
Let’s call these “Deadbeat Dads” what they really arePolitical Prisoners.
If so-called "deadbeat dads" are political prisoners/prisoners of war, maybe we need to start acting like prisoners of war. When they violate your rights and don't give you the prerequisite ability to pay hearing and right to appointed, competent, effective counsel, and you are facing jail or have already been jailed, when you come before the the judges/hearing officers/support magistrates/child support agents only give them your name, rank (political prisoner) and serial number/social security number. Every time they ask you a question, that should be your answer.
Your only other answers should be questions:
QUESTION # (1) "What is the nature of the proceeding--CIVIL or CRIMINAL? Wait for an answer. If they say CIVIL, ask if it could involve imprisonment for debt. If they say you can be jailed, ask them "SO YOU LIED TO ME WHEN YOU SAID IT WAS A CIVIL MATTER, WHEN IN FACT IT IS A CRIMINAL PROCEEDING BECAUSE IMPRISONMENT IS INVOLVED, IS THAT CORRECT?
QUESTION # (2) "Where is my due process ability to pay hearing requiring clear and convincing evidence before you can deprive me of my liberties when attempting to jail me for civil-criminal contempt ?
QUESTION # (3) Where is my right to appointed, competent, effective counsel to defend me in a civil contempt hearing (or criminal contempt hearing) as required by the US Supreme Court case of Lassiter v. Dept. of Social Services, 452 U.S. 18 (1981)?
If you give them any information, they can and will use it against you.
This is the typical exchange between a father brought into court for child support arrearages and the judge/support magistrate/hearing officer/child support agent:
Do you have a job? Yes. Then why haven't you paid child support? I am, but I cannot afford the inflated amounts I am being asked to pay. I am behind, but I am making good faith payments. O.K. judge, send him to jail until he learns to obey your orders.
or
Why haven't you paid child support? Because I became involuntarily unemployed, underemployed, disabled, etc. Do you know that these reasons are no excuse not to pay child support? No, I didn't know. O.K. judge, send him to jail until he obeys your orders.
or
Why haven't you paid all of your child support? I was out of work and I just got a new job and I am trying to catch up on paying. Yes, but why haven't you paid all of your child support? (Catch-22 question). Because I am trying to catch up. O.K. judge, send him to jail until he obeys your orders.
These hearings last less than 2 minutes (If you're lucky). Two minutes! That's all the time you have between freedom/liberty and imprisonment for debt. That is why, BEFORE they can arrest and imprison you, you are entitled to full blown ability to pay hearing and right to competent, effective appointed defense counsel to defend you against jail. It is not whether the matter is CIVIL or CRIMINAL. It is whether your LIBERTIES are going to be deprived. That is the key issue. If they arrest you and bring you into court, it is a false arrest, false imprisonment, assault, extortion, racketeering, kidnapping. You have the right to sue the law enforcement officers, and the child support agents who arrested and jailed you prior to a hearing and prior to right to appointed competent, effective counsel. You can sue in Federal or State courts.
DO NOT ANSWER THEIR QUESTIONS!!!!!!!!
AS YOU CAN SEE BY THE HYPOTHETICAL QUESTIONING BASED ON FACTUAL HEARINGS, NO MATTER HOW YOU ANSWER THE QUESTIONS, YOU WILL INEVITABLY WIND UP IN JAIL.
SO, DON'T ANSWER THEIR QUESTIONS. ONLY ANSWER THEM BY NAME, RANK (My rank is Political Prisoner), and SERIAL NO./SOCIAL SECURITY NUMBER.
WHEN THEY ASK YOU WHY YOU HAVEN'T PAID, YOU ASK THEM WHERE IS YOUR RIGHT TO AN ABILITY TO PAY HEARING and RIGHT TO APPOINTED, COMPETENT, EFFECTIVE DEFENSE COUNSEL TO REPRESENT YOU AT THE ABILITY TO PAY HEARING BEFORE THEY CAN EVEN THINK ABOUT IMPRISONING YOU FOR A DEBT!
IF THEY THREATEN YOU BECAUSE YOU DID NOT ANSWER THEIR QUESTION, INFORM THEM THAT THEY ARE DENYING YOU DUE PROCESS, AND THAT IS FELONY OFFICIAL-JUDICIAL MISCONDUCT.
REMEMBER THESE 3 THINGS TO GO ALONG WITH YOUR PAT ANSWERS AND QUESTIONS: KEEP QUIET! SHUT UP! DON'T TALK! in a child support enforcement hearing. It is actually a quasi-criminal or criminal hearing. What you say WILL be used against you and cause your imprisonment.
LASTLY: IF YOU CAN GET SOME OF THE ABOVE ARGUMENTS AND QUESTIONS ON TO PAPER AND SUBMIT IT TO THE COURT AS A MOTION OR CROSS-MOTION PRIOR TO ANY SUPPORT ENFORCEMENT, IT WILL HELP YOUR CAUSE AND SET A PAPER TRAIL RECORD FOR PURPOSES OF APPEAL, LAWSUITS, AND FUTURE HEARINGS.
Other thoughts:
1. Do not say anything until they tell you it is civil or criminal. If it is criminal, the burden is upon them and under the fifth amendment you do not have to say anything...
2. If it is civil, there is no presumption of innocence, and the judge may use the 5th Amendment against you and find you "guilty". Wait, he can't find you "guilty" in a civil case. He can't convert the civil case into a criminal case (imprisonment) based on your refusal to answer under the 5th Amendment.
3. Ask who the other party to the hearings are? If it is a state actor, ask what is the cause of action? If the state is involved in the action, then the matter should be entitled "State vs. _________", hence, making it a criminal case.
4. Let them tell you what the state is doing in this action. Are they bringing a debt collection, or are they bringing an action for failing to pay under a federal statute! If the action is based on a federal or state criminal statute, assert all your rights under the constitution.
5. Right to be silent, right to counsel if you cannot afford one; right to face your accuser (the confrontation clause and US Supreme Court case of Crawford v. Washington); the right to an impartial jury of your peers; the burden is not upon you, but upon them to prove by clear and convincing evidence in CIVIL CONTEMPT, or by beyond a reasonable doubt (CRIMINAL CONTEMPT).
6. You may also ask the judge if he has sworn an oath to uphold the constitution. Then ask him if that includes all parts of the bill of rights that are applicable to the states using section 5 of the 14th amendment.
7. You can then bring the same questions to whomever is bringing the action against you. Another issue is why is a party who is not an attorney allowed to represent the state in a criminal action? Realize that a citizen cannot bring a criminal action in N.J. but must go to the prosecutor or State Attorneys office.
8. Another interesting issue : "Judge, I do not understand, what constitutes Unauthorized practice of law? Is that when a non-attorney represents a party in court? If that is so, who is the attorney representing the state? (Most of the time, there is no attorney - just a member of the Child support enforcement unit).
9. This can go on and on. The important area is not to answer questions, but to ask questions?
If a judge asks you to answer a question, that leads to several other questions:
a. Judge, are you always impartial?
b. Why are you asking me questions and assisting the other side?
c. after the judge says that he is just speeding up the proceedings...
d. Judge, then why are you limiting my rights to an impartial hearing? and why are you assisting the other side?
e. Judge, isn't it true that your pension, and maybe your salary, is linked to the amount of federal funding given to the states based on child support awards, collections, and enforcement? Judge, isn't it true that you have to disqualify yourself from a case where you have a financial interest in the outcome of such a case (especially where it is linked to your pension and salary)?
If the judge says his pension and/or salary are not linked to child support enforcement or collections or awards, then say: According to Title 42 U.S.C. Section 658(a) of the U.S. Code and Social Security Act, states receive federal reimbursement incentive funding for amount of child support awards, collections and enforcement. This money is given to the state "without strings attached" and the state puts the funding into the general treasury to balance the budget. Judge, what are the first things paid out of the state treasury? Aren't they state employee pensions and salaries and judges' pensions and salaries?
Wait for his answer. If he gives you the dance, ask again, and then ask if this prohibits him from moving forward, since the US Supreme Court has ruled for the past 100 years that judges cannot sit on cases where they have a financial interest in the outcome of such cases.
*****Based on this information gleaned from successfully defending against child support enforcement hearings over the years, this information is more effective than the usual attorney procedures of trying to show by checks, W-2s, 1040s and financial information statements reasons why you can't pay support. This is because, even if you do win one with the attorney, he is never around on a Friday night when you get arrested for child support arrearages. You need to be able to defend these issues on your own.
Child support now is mainly a government tool to control and destroy families. Mothers have to divulge personal information about her and her children to get help. Once in the system, the information is monitored. The fathers’ every move is tracked like he’s a criminal. His pay and assets can all be attached. It’s no more than modern day slavery.
Just like welfare, mothers cannot get support if dad is still in the family so child support destroys families. The system has brainwashed mothers into believing that their children don’t need fathersjust a check. Ultimately, as we see every day, it’s the children who suffer, but by the time the mothers realize it, the damage is already done.
The government claims that parents are responsible for supporting their children. However, if one parent can’t work and payeven due to a disability, he goes to jail while if the other parent won’t work, the government gives her welfare (AFDC), housing assistance (Section 8), food stamps, education and day care assistance.
Support amounts are set excessively high because states receive federal money based on how much support they collect. This is why it’s illegal for a judge to reduce arrears and why they don’t reduce amounts even in situations in which dad loses his job or can’t work. It costs about a billion dollars in TAXPAYER money each year to run EACH state’s child support program. I guess that means we all pay child support
Let’s call these “Deadbeat Dads” what they really arePolitical Prisoners.
If so-called "deadbeat dads" are political prisoners/prisoners of war, maybe we need to start acting like prisoners of war. When they violate your rights and don't give you the prerequisite ability to pay hearing and right to appointed, competent, effective counsel, and you are facing jail or have already been jailed, when you come before the the judges/hearing officers/support magistrates/child support agents only give them your name, rank (political prisoner) and serial number/social security number. Every time they ask you a question, that should be your answer.
Your only other answers should be questions:
QUESTION # (1) "What is the nature of the proceeding--CIVIL or CRIMINAL? Wait for an answer. If they say CIVIL, ask if it could involve imprisonment for debt. If they say you can be jailed, ask them "SO YOU LIED TO ME WHEN YOU SAID IT WAS A CIVIL MATTER, WHEN IN FACT IT IS A CRIMINAL PROCEEDING BECAUSE IMPRISONMENT IS INVOLVED, IS THAT CORRECT?
QUESTION # (2) "Where is my due process ability to pay hearing requiring clear and convincing evidence before you can deprive me of my liberties when attempting to jail me for civil-criminal contempt ?
QUESTION # (3) Where is my right to appointed, competent, effective counsel to defend me in a civil contempt hearing (or criminal contempt hearing) as required by the US Supreme Court case of Lassiter v. Dept. of Social Services, 452 U.S. 18 (1981)?
If you give them any information, they can and will use it against you.
This is the typical exchange between a father brought into court for child support arrearages and the judge/support magistrate/hearing officer/child support agent:
Do you have a job? Yes. Then why haven't you paid child support? I am, but I cannot afford the inflated amounts I am being asked to pay. I am behind, but I am making good faith payments. O.K. judge, send him to jail until he learns to obey your orders.
or
Why haven't you paid child support? Because I became involuntarily unemployed, underemployed, disabled, etc. Do you know that these reasons are no excuse not to pay child support? No, I didn't know. O.K. judge, send him to jail until he obeys your orders.
or
Why haven't you paid all of your child support? I was out of work and I just got a new job and I am trying to catch up on paying. Yes, but why haven't you paid all of your child support? (Catch-22 question). Because I am trying to catch up. O.K. judge, send him to jail until he obeys your orders.
These hearings last less than 2 minutes (If you're lucky). Two minutes! That's all the time you have between freedom/liberty and imprisonment for debt. That is why, BEFORE they can arrest and imprison you, you are entitled to full blown ability to pay hearing and right to competent, effective appointed defense counsel to defend you against jail. It is not whether the matter is CIVIL or CRIMINAL. It is whether your LIBERTIES are going to be deprived. That is the key issue. If they arrest you and bring you into court, it is a false arrest, false imprisonment, assault, extortion, racketeering, kidnapping. You have the right to sue the law enforcement officers, and the child support agents who arrested and jailed you prior to a hearing and prior to right to appointed competent, effective counsel. You can sue in Federal or State courts.
DO NOT ANSWER THEIR QUESTIONS!!!!!!!!
AS YOU CAN SEE BY THE HYPOTHETICAL QUESTIONING BASED ON FACTUAL HEARINGS, NO MATTER HOW YOU ANSWER THE QUESTIONS, YOU WILL INEVITABLY WIND UP IN JAIL.
SO, DON'T ANSWER THEIR QUESTIONS. ONLY ANSWER THEM BY NAME, RANK (My rank is Political Prisoner), and SERIAL NO./SOCIAL SECURITY NUMBER.
WHEN THEY ASK YOU WHY YOU HAVEN'T PAID, YOU ASK THEM WHERE IS YOUR RIGHT TO AN ABILITY TO PAY HEARING and RIGHT TO APPOINTED, COMPETENT, EFFECTIVE DEFENSE COUNSEL TO REPRESENT YOU AT THE ABILITY TO PAY HEARING BEFORE THEY CAN EVEN THINK ABOUT IMPRISONING YOU FOR A DEBT!
IF THEY THREATEN YOU BECAUSE YOU DID NOT ANSWER THEIR QUESTION, INFORM THEM THAT THEY ARE DENYING YOU DUE PROCESS, AND THAT IS FELONY OFFICIAL-JUDICIAL MISCONDUCT.
REMEMBER THESE 3 THINGS TO GO ALONG WITH YOUR PAT ANSWERS AND QUESTIONS: KEEP QUIET! SHUT UP! DON'T TALK! in a child support enforcement hearing. It is actually a quasi-criminal or criminal hearing. What you say WILL be used against you and cause your imprisonment.
LASTLY: IF YOU CAN GET SOME OF THE ABOVE ARGUMENTS AND QUESTIONS ON TO PAPER AND SUBMIT IT TO THE COURT AS A MOTION OR CROSS-MOTION PRIOR TO ANY SUPPORT ENFORCEMENT, IT WILL HELP YOUR CAUSE AND SET A PAPER TRAIL RECORD FOR PURPOSES OF APPEAL, LAWSUITS, AND FUTURE HEARINGS.
Other thoughts:
1. Do not say anything until they tell you it is civil or criminal. If it is criminal, the burden is upon them and under the fifth amendment you do not have to say anything...
2. If it is civil, there is no presumption of innocence, and the judge may use the 5th Amendment against you and find you "guilty". Wait, he can't find you "guilty" in a civil case. He can't convert the civil case into a criminal case (imprisonment) based on your refusal to answer under the 5th Amendment.
3. Ask who the other party to the hearings are? If it is a state actor, ask what is the cause of action? If the state is involved in the action, then the matter should be entitled "State vs. _________", hence, making it a criminal case.
4. Let them tell you what the state is doing in this action. Are they bringing a debt collection, or are they bringing an action for failing to pay under a federal statute! If the action is based on a federal or state criminal statute, assert all your rights under the constitution.
5. Right to be silent, right to counsel if you cannot afford one; right to face your accuser (the confrontation clause and US Supreme Court case of Crawford v. Washington); the right to an impartial jury of your peers; the burden is not upon you, but upon them to prove by clear and convincing evidence in CIVIL CONTEMPT, or by beyond a reasonable doubt (CRIMINAL CONTEMPT).
6. You may also ask the judge if he has sworn an oath to uphold the constitution. Then ask him if that includes all parts of the bill of rights that are applicable to the states using section 5 of the 14th amendment.
7. You can then bring the same questions to whomever is bringing the action against you. Another issue is why is a party who is not an attorney allowed to represent the state in a criminal action? Realize that a citizen cannot bring a criminal action in N.J. but must go to the prosecutor or State Attorneys office.
8. Another interesting issue : "Judge, I do not understand, what constitutes Unauthorized practice of law? Is that when a non-attorney represents a party in court? If that is so, who is the attorney representing the state? (Most of the time, there is no attorney - just a member of the Child support enforcement unit).
9. This can go on and on. The important area is not to answer questions, but to ask questions?
If a judge asks you to answer a question, that leads to several other questions:
a. Judge, are you always impartial?
b. Why are you asking me questions and assisting the other side?
c. after the judge says that he is just speeding up the proceedings...
d. Judge, then why are you limiting my rights to an impartial hearing? and why are you assisting the other side?
e. Judge, isn't it true that your pension, and maybe your salary, is linked to the amount of federal funding given to the states based on child support awards, collections, and enforcement? Judge, isn't it true that you have to disqualify yourself from a case where you have a financial interest in the outcome of such a case (especially where it is linked to your pension and salary)?
If the judge says his pension and/or salary are not linked to child support enforcement or collections or awards, then say: According to Title 42 U.S.C. Section 658(a) of the U.S. Code and Social Security Act, states receive federal reimbursement incentive funding for amount of child support awards, collections and enforcement. This money is given to the state "without strings attached" and the state puts the funding into the general treasury to balance the budget. Judge, what are the first things paid out of the state treasury? Aren't they state employee pensions and salaries and judges' pensions and salaries?
Wait for his answer. If he gives you the dance, ask again, and then ask if this prohibits him from moving forward, since the US Supreme Court has ruled for the past 100 years that judges cannot sit on cases where they have a financial interest in the outcome of such cases.
*****Based on this information gleaned from successfully defending against child support enforcement hearings over the years, this information is more effective than the usual attorney procedures of trying to show by checks, W-2s, 1040s and financial information statements reasons why you can't pay support. This is because, even if you do win one with the attorney, he is never around on a Friday night when you get arrested for child support arrearages. You need to be able to defend these issues on your own.
