Post by forfatherlessfive on Nov 18, 2009 23:15:31 GMT -5
Each state has "best interest of the child" standards and child support guidelines, which were approved by the Federal Office of Child Support Enforcement under Title IV of the Social Security Act.
All judges, CSE officials, and anyone else who has the authority to establish, review, adjust, modify, enforce, register (interstate), or reconcile child support, MUST follow their state's guidelines and best interest standards. Read them carefully, as they were probably ignored when your child support was established.
All arbitrary or untenable orders are null and void. In other words, if the judge just set the obligation wherever he wanted without following the guidelines, he lost subject matter jurisdiction and the support order has no legal effect. But you all know as well as I do that they will enforce it by all means anyway.
My order was totally arbitrary based on an income that, by a fluke in a job that lasted less than a year, I had only earned once in my career. In addition to awarding my share of the paid off home that I built to my wife, the judge also ignored my semi-retirement income, which resulted in a monthly order that was more than I was earning at the time. In addition to being obviously against the law, the order is "impossible", which by law is unenforceable, but, well you know...
The courts and CSE officials played all sorts of games when I tried to modify too. So, I downloaded the state's approved worksheets, calculated it myself at establishment and at modification, printed the forms and sent them to the Executive Directors of Human Services in Colorado along with a demand for reimbursement of $40,000 for overpayment.
Needless to say, I was completely ignored in Colorado, so I brought my requests to the OCSE, who in turn neglected my due process rights again. Currently, I am waiting for a response from Secretary Kathleen Sebelius' office at the U.S. Department of Health and Human Services, but as you can imagine, her whole office is totally on board the scam over health care.
See also CHEATING THE CHILD SUPPORT SYSTEM.
All judges, CSE officials, and anyone else who has the authority to establish, review, adjust, modify, enforce, register (interstate), or reconcile child support, MUST follow their state's guidelines and best interest standards. Read them carefully, as they were probably ignored when your child support was established.
All arbitrary or untenable orders are null and void. In other words, if the judge just set the obligation wherever he wanted without following the guidelines, he lost subject matter jurisdiction and the support order has no legal effect. But you all know as well as I do that they will enforce it by all means anyway.
My order was totally arbitrary based on an income that, by a fluke in a job that lasted less than a year, I had only earned once in my career. In addition to awarding my share of the paid off home that I built to my wife, the judge also ignored my semi-retirement income, which resulted in a monthly order that was more than I was earning at the time. In addition to being obviously against the law, the order is "impossible", which by law is unenforceable, but, well you know...
The courts and CSE officials played all sorts of games when I tried to modify too. So, I downloaded the state's approved worksheets, calculated it myself at establishment and at modification, printed the forms and sent them to the Executive Directors of Human Services in Colorado along with a demand for reimbursement of $40,000 for overpayment.
Needless to say, I was completely ignored in Colorado, so I brought my requests to the OCSE, who in turn neglected my due process rights again. Currently, I am waiting for a response from Secretary Kathleen Sebelius' office at the U.S. Department of Health and Human Services, but as you can imagine, her whole office is totally on board the scam over health care.
See also CHEATING THE CHILD SUPPORT SYSTEM.