EFFECT OF SOCIAL SECURITY BENEFITS ON CHILD SUPPORT

SupportGuidelines.com | Article:

reform-child-support-now-florida-2016

I. Social Security Benefits in General

Title II of the Social Security Act provides a federal grant of old-age and disability insurance benefits. 42 U.S.C. § 402. Upon satisfying the necessary age requirements, a fully insured Social Security retiree and a spouse or ex-spouse who was married to the retiree for at least 10 years are entitled to Social Security retirement benefits. Further, both fully insured workers who become disabled and their dependents are entitled to Social Security benefits.

Social Security benefits are not a vested right. Congress retains the right to alter, amend, or repeal any provisions of the Social Security Act.42 U.S.C. § 1304. Indeed, in Fleming v. Nestor, 363 U.S. 603, 80 S. Ct. 1367 (1960), the Court refused to analogize Social Security benefits to an accrued property right in the form of an annuity. The Court stated:

Each worker’s benefits, though following from the contributions he made to the national economy while actively employed, are not dependent on the degree to which he was called upon to support the system by taxation. It is apparent that the non-contractual interest of an employee covered by the act cannot be soundly analogized to that of the holder of an annuity, whose right to benefits is bottomed on his contractual premium payments.

Feming v. Nestor, 363 U.S. 603, 80 S. Ct. 1367, 1371-72 (1960).Accord In re Marriage of Nizenkoff, 65 Cal. App. 3d 136, 135 Cal. Rptr. 189 (1976) (Congress’s retention of Section 1304 f the Social Security Act reaffirms the view that Social Security benefits are not property); see also Richardson v. Belcher, 404 U.S. 78, 92 S. Ct. 254 (1971) (the expectation of public benefits under the Social Security Act does not confer a contractual right to receive the expected amounts).

Thus, Social Security benefits may not be treated as a property interest because Congress has retained the power to alter, amend, or repeal the benefits. The fact that Social Security benefits are not a vested right plays an important part in the courts’ determination that Social Security benefits are not subject to division on divorce.

Social Security benefits are also not transferable or assignable, and they are not subject to execution, levy, attachment, garnishment, or other legal process. 42 U.S.C. § 407(a). This section applies to benefits received as well as future benefits. Philpott v. Essex County Welfare Board, 409 U.S. 413, 93 S. Ct. 590 (1973). The anti-assignment provision, however, does not apply to legal process brought for the enforcement of an individual’s legal obligation to provide child support and spousal support. 42 U.S.C. § 659(a); see, e.g., Mariche v. Mariche, 243 Kan. 547, 758 P.2d 745 (1988). Thus, by the clear terms of the federal statute, Social Security benefits are to be considered funds available for the support of children.

II. Social Security Benefits Received by a Parent

For purposes of child support, Social Security benefits received by a parent constitute income. E.g., In re Marriage of Simon, 856 P.2d 47 (Colo. Ct. App. 1993) (Social Security disability is income);Forbes v. Forbes, 610 N.E.2d 885 (Ind. Ct. App. 1993) (Social Security disability benefits are income); In re Marriage of Lee, 486 N.W.2d 302 (Iowa 1991); In re Marriage of Benson, 495 N.W.2d 777 (Iowa Ct. App. 1992); In re Marriage of Callaghan, 19 Kan. App. 2d 335, 869 P.2d 240 (1994); In re Marriage of Durbin, 251 Mont. 51, 823 P.2d 243 (1991); In re Marriage of Stringham, 124 Or. App. 626, 863 P.2d 504 (1993); Whitaker v. Colbert, 18 Va. App. 202, 442 S.E.2d 429 (1994). Indeed, 42 U.S.C. § 659(a), providing an exception to the anti-alienation provision of 42 U.S.C. § 407 for support, may be read as expressly authorizing state courts to consider Social Security benefits as income for purposes of spousal support and child support.

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CHILD ABUSE FROM THE BENCH IN MIAMI-DADE COUNTY FLORIDA

All of us at one time or another find ourselves in front of the family court.

THE FAMILY COURT in Dade County is abusing children; either by ignoring their cries, as in this case, or by appointing Guardians that take money , are personal friends of the Judges and who just want a pay day.

WHAT ABOUT THE CHILDREN?

These people believe they are protected by the law, no one can stop them and they are G-d’s.

Well, we have given them this power…WE VOTED THEM INTO OFFICE.

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PLEASE HELP STOP CHILDREN ABUSE IN THE DADE COUNTY FAMILY COURT.

SIGN OUR PETITION AND ASK THE

Governor’s Office to Investigate Judge Scott Bernstein and Dr. Miguel Firpi.  

CHILD ABUSE FROM THE BENCH

Source: Petition: CHILD ABUSE FROM THE BENCH, Miami, FL

Facebook shared a post of mine about Opt IN USA from exactly one year ago today. In realizing that the campaign has been consistently described since then, I thought about complaints I've received that not everyone understands and can relate to Opt IN USA. Of course I cannot imagine being unsure of whether I've been persecuted or psychologically tortured through misuse of administrative (as in quasi-judicial) or court (as in judicial) proceedings in America. It seems those of us unfortunate enough to have had such an experience would realize it happened or is happening. And Opt IN USA would speak to our embattled souls, even if aspects of the campaign left some of us confused. While anything can be simplified, not everything is simple. To thoroughly understand the problem of persistent U.S. legal system abuse is to perceive all of its complexities, which is helpful in devising solutions through which Opt IN USA constituents can be made whole. Opt IN USA is about much more than being on the losing end of legal proceedings. Instead, the campaign identifies and addresses distinct patterns of judicial (including quasi-judicial) conduct and case outcomes that evidence deliberate violations of rights. Moreover, Opt IN USA links the failure of America's current legal and political processes to redress this ominous problem to certain of their structural/logistical deficiencies. These deficiencies manifest as inadequate judicial oversight. In other words, Opt IN USA goes beyond scandal advocacy, i.e., the process of "exposing" specific U.S. legal system bad guys in hopes of evoking enough outrage to get them ousted and reparations extended for their misdeeds. Instead, the campaign focuses on exposing how U.S. government unduly insulates this class of culprits from accountability and the devastation heaped on countless Americans, including children, as a result. The goal of Opt IN USA and its sister organizations is to trigger genuine reform . . . not when the targeted bad guys are adequately proven to be bad or society is adequately protective of their victims, but when it is clear that everyone CONSCIOUSLY acquiescing to inadequate judicial oversight in America is complicit in the resulting harm. True, Opt IN USA gets a bit "high brow" at times. But that is to reach Ivory Towers in which our complaints are dismissed as mere rantings of the confused, uninformed, misguided, and disgruntled. Our message must resonate there, arguably more than anywhere. As direct action is undertaken on Main Street, Opt IN USA and its sister organizations help ensure such efforts are not undermined by credible propaganda flowing from any Ivory Tower. Surely not everyone discontent with America's legal system has a well-founded complaint. But it is only through a fair and impartial administration of justice that our legitimate grievances can be properly sorted from those that are unfounded. America owes all of its citizens a fair and impartial administration of justice. Learn more, join our efforts, and otherwise support Opt IN USA by visiting https://m.facebook.com/Opt.IN.USA/
Facebook shared a post of mine about Opt IN USA from exactly one year ago today. In realizing that the campaign has been consistently described since then, I thought about complaints I’ve received that not everyone understands and can relate to Opt IN USA.
Of course I cannot imagine being unsure of whether I’ve been persecuted or psychologically tortured through misuse of administrative (as in quasi-judicial) or court (as in judicial) proceedings in America. It seems those of us unfortunate enough to have had such an experience would realize it happened or is happening. And Opt IN USA would speak to our embattled souls, even if aspects of the campaign left some of us confused.
While anything can be simplified, not everything is simple.
To thoroughly understand the problem of persistent U.S. legal system abuse is to perceive all of its complexities, which is helpful in devising solutions through which Opt IN USA constituents can be made whole.
Opt IN USA is about much more than being on the losing end of legal proceedings. Instead, the campaign identifies and addresses distinct patterns of judicial (including quasi-judicial) conduct and case outcomes that evidence deliberate violations of rights. Moreover, Opt IN USA links the failure of America’s current legal and political processes to redress this ominous problem to certain of their structural/logistical deficiencies. These deficiencies manifest as inadequate judicial oversight.
In other words, Opt IN USA goes beyond scandal advocacy, i.e., the process of “exposing” specific U.S. legal system bad guys in hopes of evoking enough outrage to get them ousted and reparations extended for their misdeeds. Instead, the campaign focuses on exposing how U.S. government unduly insulates this class of culprits from accountability and the devastation heaped on countless Americans, including children, as a result.
The goal of Opt IN USA and its sister organizations is to trigger genuine reform . . . not when the targeted bad guys are adequately proven to be bad or society is adequately protective of their victims, but when it is clear that everyone CONSCIOUSLY acquiescing to inadequate judicial oversight in America is complicit in the resulting harm.
True, Opt IN USA gets a bit “high brow” at times. But that is to reach Ivory Towers in which our complaints are dismissed as mere rantings of the confused, uninformed, misguided, and disgruntled. Our message must resonate there, arguably more than anywhere. As direct action is undertaken on Main Street, Opt IN USA and its sister organizations help ensure such efforts are not undermined by credible propaganda flowing from any Ivory Tower.
Surely not everyone discontent with America’s legal system has a well-founded complaint. But it is only through a fair and impartial administration of justice that our legitimate grievances can be properly sorted from those that are unfounded. America owes all of its citizens a fair and impartial administration of justice.
Learn more, join our efforts, and otherwise support Opt IN USA by visiting https://m.facebook.com/Opt.IN.USA/

Childrens R. Florida4 months ago Whatever the court setting, whether it is regarding divorce, child custody, parental support, probate matters, personal injury, property disputes, legal or medical malpractice, criminal charges, or other deeply personal issues, the frauds put forth in our courts add greatly to the trauma.
C R Florida – 
Whatever the court setting, whether it is regarding divorce, child custody, parental support, probate matters, personal injury, property disputes, legal or medical malpractice, criminal charges, or other deeply personal issues, the frauds put forth in our courts add greatly to the trauma.

Our Family Court System contributes to the problem of alienation in children

Parental Alienation Course Outline

Topics covered in this course will include:

  • How alienation begins
  • How children’s difficulties with transitions between parents can lead to psychological splitting and alienation
  • How our current system contributes to the problem of alienation in children
  • The signs of alienation and how to spot them
  • The psychological and emotional changes that create pressure on parents and children
  • The history of alienation and how social changes increase the likelihood of it happening to our children
  • High conflict separation and the risk of alienation for children
  • How alienating parents operate
  • How neuroscience is contributing to a deeper understanding of alienation and how to treat it
  • how to keep sane when your child is rejecting you
  • The importance of keeping fit and well
  • When to make strategic retreats
  • How to differentiate between the type of alienation your child is suffering
  • The importance of understanding your own parenting style
  • The impact that family history has upon the alienation
  • How to recognise and reverse an alienation reaction in your child
  • How to manage severe cases

for more information please go to:-https://fnf.org.uk/2-uncategorised/92-coping-with-parental-alienation-2-day-course

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Source: Coping with Parental Alienation – Parental Alienation

Unwed biological fathers are often told they have no rights when it comes to their infant children

Unwed Father’s Rights Need Safeguarding!

By Jeffery Leving | Leving’s Divorce Magazine

Unwed biological fathers are often told they have no rights when it comes to their infant children when placed for adoption. reform-family-law-tfrm-2016The fact they fathered their child is not considered important when the mother decides, on her own, to give the infant child up for adoption in certain circumstances.

But, this gender disparity in equal protection and due process in parental rights is changing.

Recently, the State of Utah adopted House Bill 308 that is designed to safeguard unwed paternal rights in regards to children six months or younger from being adopted. This law would require unwed fathers to be issued official notification of the mother’s intention to give their infant child up for adoption in certain circumstances. Once received, the father would then have 30 days to assert his rights as a parent and petition the court for custody. This closes a loophole which had allowed mothers to circumvent notifying the biological father and thus committing the ultimate act of parental alienation – terminating the father-child relationship forever.

Common sense and fair play would argue that if an unwed mother decides to give up her rights to a child, then the biological father would automatically be given the opportunity to take custody of his child. Instead, a stranger can be given the right to adopt the child, often without the father even knowing he will never see his child again.do-you-believe-2016

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Civil Conspiracy in Divorce Actions

Family Civil Rights Movement - 2015Civil Conspiracy and Civil RICO in Divorce Actions – Family Law Reader

I. Introduction

There is little question that fraud in procuring a settlement agreement can justify setting aside the agreement and judgment. E.g., In re Marriage of Modnick, 33 Cal. 3d 897, 191 Cal. Rptr. 629 (1983); Compton v. Compton, 101 Idaho 328, 612 P.2d 1175 (1980); Anderson v. Anderson, 399 N.E.2d 391 (Ind. Ct. App. 1979); Daffin v. Daffin, 567 S.W.2d 672 (Mo. 1978).

Fraud in procuring a settlement can also be the basis for an independent tort action. Hall v. Hall, 455 So. 2d 813 (Ala. 1984); In re Benge, 151 Ariz. 219, 726 P.2d 1088 (Ct. App. 1986); Dale v. Dale, 66 Cal. App. 4th1172, 78 Cal. Rptr. 2d 513 (1998); Den v. Den, 222 A.2d 647 (D.C. 1966); Oehme v. Oehme, 10 Kan. App. 2d 73, 691 P.2d 1325 (1984); Burris v. Burris, 904 S.W.2d 564 (Mo. 1995); Carney v. Wohl, 785 S.W.2d 630 (Mo. Ct. App. 1990); Hess v. Hess, 397 Pa. Super. 395, 580 A.2d 357 (1990). See also Vickery v. Vickery, 1996 WL 255755 (Tex. Ct. App., December 5, 1996) (wife awarded $9 million against husband for fraudulently procuring divorce and marital settlement agreement, and $450,000 against husband’s attorney),affirmed over dissent in light of Schleuter v. Schleuter, 975 S.W.2d 584 (Tex. 1998),Vickery v. Vickery, 999 S.W.2d 342 (Tex. 1999). See generally, Robert G. Spector,Marital Torts: The Current Legal Landscape, 33 Fam. L. Q. 745, 757 (1999); Cary L. Cheifetz, The Future of Matrimonial Torts: The Unmapped Landscape, 15 Fair$hare 4 (August 1995). The courts are especially harsh with spouses that commit fraud who are attorneys. Anderson v. Anderson, 399 N.E.2d 391 (Ind. Ct. App. 1979); Scholler v. Scholler, 10 Ohio St. 2d 98, 462 N.E.2d 158 (1984); Webb v. Webb, 16 Va. App. 486, 431 S.E.2d 55 (1993).

The concealment of marital assets during the divorce proceeding has also given rise to tort actions. Swain v. Swain, 576 N.E.2d 1281 (Ind. Ct. App. 1991); Garrity v. Garrity, 399 Mass. 367, 504 N.E.2d 617 (1987). But seeBeers v. Beers, 724 So. 2d 109 (Fla. 5th DCA 1998); Nederlander v. Nederlander, 205 Mich. App. 123, 517 N.W.2d 768 (1994); Smith v. Smith, 113 N.C. app. 410, 438 S.E.2d 457 (1994); Schleuter v. Schleuter, 975 S.W.2d 584 (Tex. 1998); Gardner v. Gardner, 175 Wis. 2d 420, 499 N.W.2d 266 (Ct. App. 1993).

Spouses have even been successfuly in asserting violations of securities laws. Evans v. Dale, 896 F.2d 975 (5th Cir. 1990). But see Head v. Head, 759 F.2d 1172 (4th Cir. 1985); McHugh v. McHugh, 676 F. Supp. 856 (N.D. Ill. 1988); d’Elia v. d’Elia, 58 Cal. App. 4th 415, 68 Cal. Rptr. 2d 324 (1997).

But what can a spouse do when a third party or parties conspires with a spouse to hide marital assets? Is there a cause of action against the third parties? Increasingly, some spouses have been turning to civil conspiracy and Civil RICO.

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Don’t Let Family Court Defraud You! ~ Families Civil Liberties Union

FCLU Has Opened A Formal Federal Trade Commission (FTC) Case. – FTC

Guaranteed Confidentiality For Court System Whistle Blowers & Informants – JIP™

Register Your Specific Family Court System Injustices For Action – VRP™

“Family court is the greatest fraud ever perpetrated on the American Public.”

Family Court / Family Law is a made-up business of consumer fraud, racketeering and collusion invented, marketed and protected by the monopolistic American Bar Association, ABA-member, predatory  lawyers, supportive and collusive ABA-members, Judges and their friends, and the “Experts.” 

Family law is a Brilliant Racket created to extort your family’s life savings through un-ending litigation prolonged deliberately by lawyer-instigated conflict, ambiguous laws and absurdly inefficient procedures at a time when you are most vulnerable and in need of help.  The system has no interest in actually divorcing you until you are picked clean of your life savings.  Once picked clean, the system drops you for the next victim.

There is no gender bias in family court. Those who suggest this are perpetuating the fraud.  Since Family Court has been transformed into one massive, fraudulent scheme, Judges punish both sides equally – Mother, Father, Man or Woman, it makes no difference.  These people will collectively take every last dime you have, or ever will have.

Buyer beware.

FCLU TV CHANNEL ~ powered by FAMILY COURT TV NETWORK


Upcoming Rally in New York on Sunday, Oct 9, 2016

Family Court – The Brilliant Racket™

It’s Time To End The ABA Lawyer/Judge Nepotism, Collusion, Racketeering & Fraud

Families Do NOT Belong in Court

– MUST SEE VIDEO –

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For years, “Custody Evaluator/Therapist” Marsha Kleinman committed the most atrocious professional violations imaginable in family court by routinely coaching innocent children to say they had been sexually abused by their parents in order to gain a leg up in custody battles for her clients and revenue for her professional practice.  And, for years, New Jersey denied such criminal action could possibly occur.  By state law, children are subjected to vaginal rape exams for each and every false accusation perpetrated by unethical and fraudulent lawyers, judges and “experts” in their games for revenue.  Marsha Kleinman has put innocent men behind bars and destroyed the lives of countless children.  Professional behavior such as Ms. Kleinman’s is repeated daily in courthouses across America by similar “experts” and is fueled by family law attorneys and condoned by the family court system for revenue.  The false sexual abuse accusation is #4 in their sick Family Law Playbook.

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Non Payment of Child Support Indigent Defense | Turner v. Rogers

Turner v. Rogers and its Importance in Indigent Defensemoney-from-feds-2016

| Criminal Law & Psychology Blog |

|Posted on |

I wanted to take some time out of my schedule to discuss Turner v. Rogers while it’s still recent and I remember my thoughts on the matter.  First, I will provide some basic background on the case.  Then, I will discuss the basic legal and policy arguments of the case.  Finally, I will turn attention to my predictions and the importance of this case for indigent advocacy in general.

I. HISTORY OF THE CASE

What is this Turner v. Rogers case I’m talking about?  The answer, thankfully, is rather straightforward.  This case involves two indigent parents involved in a dispute over child support.  The mother, Ms. Rogers, brought a straightforward court claim against Mr. Turner for child support he owed to their daughter.  So far, nothing out of the ordinary.

The noteworthy aspect of the case is that Mr. Turner is indigent, a formal term for a person who is poor; presumably below the poverty line.  In terms of full disclosure, both Ms. Rogers and Mr. Turner were indigent parents.

The court in this case held Mr. Turner in contempt for failing to pay for his child support obligations.  A proper defense to this failure is an inability to pay based upon lack of necessary income.  If that’s the case, why did the judge hold Mr. Turner in contempt?  There is both a broad and specific answer.  The broad one is that the poverty defense is an affirmative one — one that a defendant must prove in order to avoid being held in contempt.  The specific answer is that Mr. Turner lacked an attorney, who would have certainly asserted this defense.

In these situations, a person can typically be held in either civil or criminal contempt, the specifics of which vary by jurisdiction.  This case occurred in South Carolina, where a person facing civil contempt may be incarcerated as a result.  That’s what occurred with Mr. Turner, who was sentenced to serve jail time for being what most us know in lay terms as being “a deadbeat dad.”

Mr. Turner appealed his case all the way up to the South Carolina Supreme Court on the grounds that he was entitled to have an attorney appointed for him since he could not pay for one on his own.  The South Carolina Supreme Court disagreed with his claim and, as a result, he petitioned the US Supreme Court to hear his case.Family Court vs Criminal Court - 2016

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