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Read your report in MensNewsDaily about Jeff Milton's situation. He adequately describes the problem. The Antipeonage Act is the solution. It would work if EVERYONE on our side of this issue screamed for its enforcement. 18 U.S.C. §1581 defines enslavement for debt or obligation to be a CRIME and 42 U.S.C. §1994 declares all such state court orders to be null and void. Further details are available at www.antipeonage.0catch.com My problem with most fathers' rights groups is that they seem to want to try everything else first. Imagine the National Rifle Association refusing to even mention the 2d Amendment. And yet most fathers' advocates refuse to even mention the 13th Amendment and the Antipeonage Act. What gives?
i am not a lawyer and this isn't legal advice, it's just some things that have worked in the past for others, case law: first off, did they write why they went outside the CSSA? if they didn't it isn't valid, neither party nor the judge or magistrate can wave 414 (1)(H) second, did they transcribe your hearing? if they didn't it isn't valid (and most dont) third, even if you stipulated to the order, it is reversible if you can prove that you were either fooled into believing that it followed CSSA or you were coerced. read the attached case law - and for gods sake, stop being so nice! please visit the web site and nycrc webgroup. i have copied some guys i know in the city for support, they can't help legally but it's nice to know that there is someone out there for you.
you're not alone, but you must stand tall and fight.
Brown v. Brown Supreme Court
Hiross v. Hiross, Appellate Dive NYLJ 3/1/96/
Cavanaugh V. Cavanaugh, Appellate Div 2dDept. 5/10/96/
Smith v. Clark, Court of Appeals 4^th  district 04/29/05/
An order does not comply with the Family Court Act 413 (1)(h) if it fails to set forth the presumptive child support amount or the court’s reasons for deviating from that amount. The provisions of section 413 (1)(h) may not be waived by either parent, and the failure of petitioner to contend that the prior order failed to comply with that section is of no movement. Indeed, because the prior order failed to comply with section, 413(1)(h) it is void from the start, and the court was /*REQUIRED*/ to disregard it and to address the child support issue anew.
I'm sorry you are going through this life of hell. It is a life of hell "club" that many of us are a part of but would rather be elsewhere for sure. I am not an attorney and don't know how to help you per your request. However, I shall be praying for you and your children most assuredly. Is there something I can do otherwise? I am in NY. Ultimately, serious, radical action will be necessary to change these gestapo-type, non-constitutional practices which have evolved into commonality in these family courts today. Letter writing, etc. has done nothing for 30+ years. Politicians and judges couldn't care less about "polite and orderly" protest. This stuff really is civil rights deprivation comparable to that of the blacks in the 60's and is a stamping on our rights not too unlike the nazi regime back in Hitler's days. The Germans told lies enough and the people believed it, like today..ie "deadbeat dads"..."domestic violence epidemic" etc. Also, mainstream media kept the truth from the public, just like what has happened in amerika today. BTW, 4 years ago you couldn't find a more devout, flag waving usa patriot. Now I have no respect for this country, from the top on down. This is not the same country our fathers and grandfathers fought for. Sorry for ranting so long - but rest assured you are not alone. Let me know if there's something I can help you with brother.
If you organize a protest, be sure to hand out flyers 8x14 with a description of what they did and how this generally hurts families. If you work the larger issue, it makes you larger too.
PS: If you have to leave, get yourself to florida via untraceable means, and hop a freighter swabbing decks to Brazil. Sell your car to raise cash if needed. Brazil does not recognize marriages or child support orders made outside its borders. I know guys who went there and did fine. One guy (in a situation similar to yours) landed there with 25 cents in his pocket. You just have to learn Portuguese (you can get by with Spanish at first if you know any). Women there like american men very much, and Brazil is not involved in socializing marriage. You can start an english school relatively easily there -- or work for one to start after you arrive. There isn't much of a middle class there, but all the rich folks all want to learn english. So you have a skill that attracts paying clientele. If you do this, you should not tell anybody what you are doing (especially me), and you can never contact anybody stateside again, unless you use an assumed name and you are absolutely positive you can trust them to keep your identity secret. That's the price of freedom in this situation.
Here are a few more thoughts regarding public assistance, education, child support, phone calls, letters, and FOIA.
In order to qualify for public assistance a person normally has to demonstrate that he has little or no money. The public assistance agency will want bank statements and related financial information for at least the past three months. They are looking to see if you have hidden any money in order to qualify for public assistance. This is commonly why many men do not have checking accounts or, if they do have a checking account, then they minimize its use.
I recommend picking up a public assistance application and taking it home to study and complete -- don't fill it out at the agency office. Be sure to keep a photocopy of your application because you will have to fill out another one in 3-6 months and they will look to see if you enter the identical information in the second questionnaire.
If you qualify for public assistance, then such assistance often includes food stamps, a temporary cash allowance, possible utility assistance, and a job retraining program. Participation in a jobs program is evidence that you are seeking to upgrade your skills for future employment and in some states there is a presumption of law that such a jobs program is a good faith qualifier that you are seeking suitable employment. .
Sometimes the program will pay for some of your formal education and some states provide for being in school to upgrade your skills may also exempt you from current child support payments.
By the way, it is helpful to read the state laws regarding public assistance and child support. Use the index of the state statute books to look up the various sections. That is how you can find out how you may qualify for public assistance and how you might be exempt from child support collections.
Also, bear in mind that the FOIA (the federal Freedom of Information Act) may be your friend. If some government agent is obstinate about providing a document or information, then they can be personally held liable for violating the FOIA.
Learn to document every telephone call with a follow-up letter. Telephone calls seem to evaporate -- Or the bureaucrat involved documents the phone call in such a way so as to make you look bad. It is better to seize the initiative and document your own perspective of the phone calls rather than let the bureaucrats put a secret unchallenged memo in your files.
Every letter you write must be "legally sufficient." In other words, bear in mind that you are writing the letter with the thought that an appeals court judge is going to read the letter. This means that you make a brief statement of history and explain clearly who the parties are in each letter. Every letter must be dated, have first and last names and titles, and deal with only one subject. I also recommend that you have someone to proofread every document you write.
Hang in there.
Thank you for sharing your story. I read it on MensNewsDaily.com.
I have a similar story, except that my debacle played out in the People's Republic of Minnesota starting in 1994. I also had to learn everything the hard way about custody, visitation, and child support. I cannot give legal advice, but I can share my thoughts.
As you know there are three branches of government: legislative, executive, and judicial. Know the child support statutes (laws by the legislature), the IV-D child support collection manual (issued by the executive branch), and the Rules of Court book (procedures of the judicial system). Know the rules of the game. You are being screwed by procedure.
State laws -- legislative branch:
In Minnesota state law provides that any parent who is receiving public assistance is exempt from prosecution for child support arrearages. This is because the law specifically presumes that anyone who, by virture of their compliance with the rules for receipt of public assistance is not wilfully subverting collection of child support and cannot be deemed to lack good faith.
Perhaps New York has a similar state law that you might be able to use. The child support collection agencies aren't going to tell you about this exemption.
Under Minnesota law, child support collection agencies are forbidden from collecting child support for six months following receipt of public assistance.
Read through the public assistance laws and the state child support colleciton laws -- usually available at your nearest law school library or public library.
Executive branch:
Also, get a copy of the IV-Child Support Collection Manual that the local child support agencies use against you. They jealously guard this manual, but it is a public document that they cannot deny to you if you know how to go about obtaining it.
I found out that the state child support collection office would only provide a child support collection manual to attorneys and non-profit agencies who work with child support collections. I promptly set up a non-profit corporation for the purpose of assisting distressed parents and applied to receive a manual. They mailed the manual to me and they have been sending me updates ever since.
Every step that the bureaucrats take is normally spelled out in this manual. If they do not follow the manual procedures, then their own jobs are in jeopardy.
Judicial branch:
Another thing I discovered is that the official court reporters (who transcribe the court proceedings for the judge) routinely lie when they certifiy that their transcripts are accurate. It is little known that the court reporter provides a draft transcript to the judge, who then looks over the transcript and "fixes" any errors before giving it back to the court reporter to produce a final official copy.
When I discovered the transcripts I ordered did not reflect my true comments at court hearings, I decided to hire my own court reporter on two occasions. This made the judge very angry, but there wasn't much he could do about it. I was preparing my case for appeal and he could no longer manipulate the courtroom record.
Upon appeal I found that the court reporter lied about when she mailed her official transcripts to me. She attempted to reduce the time available to me for response to the appeals court by falsely certifying the mailing date. After providing proof to the appellate court, the appellate court issued a ruling in my favor that essentially reprimanded the court reporter for not being accurate and granting me more time to develop my appeal. I would have preferred that the appellate court strip her official license, but you know that the judicial system protects its own people.
This is why you need your own copy of the official Rules of Court. This is the procedural book by which the court operates. You can read one at the public library or law library. You can also get your own copy at a law school or university bookstore.
The system counts on you to not know the rules of the game. They care not for the U.S. Constitution -- it is a bother to them that impedes their ability to screw you.
You have a lot going for you by your ability to document what has happened and what is happening to you. Stay alert and watch your backside. Document everything and never go alone to court. Have someone else with you whenever you deal with the system.
If you are in danger of being arrested, have someone else carry your important documents and such. Memorize the critical names, addresses, phone numbers of those people who can visit you in the jail if it comes to that. (They may not allow anyone to visit you whom you do not pre-authorize with adequate detail.)
Claim violations of your constitutional rights at every hearing or you will be deemed to have forfeited your rights. Be sure to itemize your constitutional objections -- get a pocket copy of the US Constitution with the Bill of Rights and keep it with you at all times. At least make the claims or else later you or your attorney cannot appeal based upon a claim that you did not make.
All the best to you. Stay in touch.
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