Post by forfatherlessfive on Nov 4, 2009 23:42:34 GMT -5
Where federal laws clearly define, establish, rule, and regulate a process, such as Title IV-D in the child support program for which each state receives federal funding, family law judges DO NOT have discretion. All magistrates and judges and human service officials that have the authority to establish, review, adjust, modify, register, enforce, or reconcile child support, MUST follow state and federal laws, rules, guidelines, and best interest standards. They DO NOT have a choice in the matter – they MUST follow the law. All arbitrary and untenable orders are null and void upon issuance.
In my case, the judge not only ignored the law, but also the facts and evidence. He completely ignored the facts that I was semi-retired and had a home-based business on the property that I had just paid off, and "imputed" an income that I had only achieved once at the peak of my 25-year career. This "abuse of discretion" resulted in an order that was more than I was earning, which is impossible and therefore null and void by the very guidelines he was supposed to follow.
I am refusing to pay on the grounds that his child support order is void for failure to comply with state and federal laws within the child support program under the Social Security Act.
Your natural inclination would be to view me as a "Deadbeat" until you know all the facts and realize that my five children are not in need, which by law also excludes my ex-wife from enforcement services. Although, none of this legal stuff seems to matter to anyone that works for the government.
Since no one ever followed the law to establish or modify my child support obligation, as they are required to do in the Title IV-D program, I did the calculations myself: I downloaded Colorado's worksheets, entered the appropriate figures (the facts), and printed out the forms - very easy to do. Not only am I paid-in-full, I am due reimbursement for about $40,000.00. I sent the worksheets and evidence to back up my facts to the highest authorities at the Colorado Department of Human Services; 3 Executive Directors; but all refused to reconcile my account. Then, I sent the worksheets to the Federal Office of Child Support Enforcement, but they refused to help me too. This is all blatantly illegal, so I reported it to the Department of Justice and the Office of Inspector General, but they haven't responded either.
I recently started sending my requests and demands for due process directly to United States Department of Health and Human Services Secretary Kathleen Sebelius. It will be interesting to find out if the corruption goes all the way to the top. I'm praying for you Ms. Sebelius. Please do the right thing and end this crime spree in the child support program.
In my case, the judge not only ignored the law, but also the facts and evidence. He completely ignored the facts that I was semi-retired and had a home-based business on the property that I had just paid off, and "imputed" an income that I had only achieved once at the peak of my 25-year career. This "abuse of discretion" resulted in an order that was more than I was earning, which is impossible and therefore null and void by the very guidelines he was supposed to follow.
I am refusing to pay on the grounds that his child support order is void for failure to comply with state and federal laws within the child support program under the Social Security Act.
Your natural inclination would be to view me as a "Deadbeat" until you know all the facts and realize that my five children are not in need, which by law also excludes my ex-wife from enforcement services. Although, none of this legal stuff seems to matter to anyone that works for the government.
Since no one ever followed the law to establish or modify my child support obligation, as they are required to do in the Title IV-D program, I did the calculations myself: I downloaded Colorado's worksheets, entered the appropriate figures (the facts), and printed out the forms - very easy to do. Not only am I paid-in-full, I am due reimbursement for about $40,000.00. I sent the worksheets and evidence to back up my facts to the highest authorities at the Colorado Department of Human Services; 3 Executive Directors; but all refused to reconcile my account. Then, I sent the worksheets to the Federal Office of Child Support Enforcement, but they refused to help me too. This is all blatantly illegal, so I reported it to the Department of Justice and the Office of Inspector General, but they haven't responded either.
I recently started sending my requests and demands for due process directly to United States Department of Health and Human Services Secretary Kathleen Sebelius. It will be interesting to find out if the corruption goes all the way to the top. I'm praying for you Ms. Sebelius. Please do the right thing and end this crime spree in the child support program.
