Unconstitutional Child Support Builds An American Criminal Subclass

http://tntalk.wordpress.com/2008/02/...inal-subclass/
Unconstitutional Child Support Builds An American Criminal Subclass
February 8, 2008 by tntalk

The federal Bradley Amendment and Title V enforcement seems innocent and
helpful to Americans on the surface. The federal law is purported to collect
child support that could normally never be collected. It was hatched from
the national hysteria whipped up in the 1980s by feminists and the U.S.
Democratic party, derived from the legendary and abusive behavior of
"deadbeat dads".
Short History Lesson
Government administrators decided that instituting the Amendment was not
enough because enforcement measures were not in place at the inception of
the Amendment. In 1993, as part of an ambitious and aggressive initiative by
the Massachusetts State Administration to improve child support enforcement
in advance of welfare reform, the first financial institution data match was
made. Bradley Amendment enforcement began as a pilot program and after the
program implementation was mastered, was unleashed on the country as a whole
by the Clinton Administration.

The illegal enforcement of the Amendment proceeded with the passage of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The
program involves the extraction of financial institution data as a
requirement for banking in all states as the determining method to execute
the garnishment of money for enforcement on a national level. A data match
identifies account holders with child support debts by social security
number and allows the child support agency to issue a levy to the financial
institution, with notice to the account holder. The financial institution
freezes the funds in the account up to the amount of the child support debt
and forwards the funds to the child support agency for distribution to the
"family".

The Government Invasion

This Bradley Law provision has been extended to the paycheck of every
American in the system as well and through the Internal Revenue Service.
Under the Bradley Amendment enacted by Congress in 1988, a child support
obligation becomes a judgment by operation of law as of the date that that
it is due and unpaid. In addition, under Section 368 of PRWORA (42 U.S.C.
666(a)(4)), an administrative lien also arises by operation of law against
any unpaid child support on an ongoing basis. Because of this, it not
necessary to return to court after each payment is missed to get past-due
support reduced to a judgment in order to obtain a lien or enforce a
judgment. The funds and assets of all non-custodial parents are spotted and
can be quickly seized without passing through a hearing process of any kind.
The information is assumed to be correct and is updated once yearly
according to government sources based on information that is available
through the system. What is broken is never fixed or changed.
The Resulting Civil Rights Carnage
By its legal nature, the Bradley Amendment and enforcement puts the burden
of proof upon the non-custodial parent as a guilty criminal for all time.
There is no concept of innocence, nor can there be. The presumption is that
an order exists and that the order will be collected by any means necessary
on a federal level. The law does not allow for adjustment in court or by any
means. The debt can never be cancelled by the government or any judicial
agency. Even after the demise of the parties involved, the debt exists in
perpetuity. Information that is incorrect cannot be corrected without the
expense of hiring an attorney and making the correction. A correction can
never be made after the fact and no credit can ever be issued. If an
attorney cannot be hired, no change can be made. The Bradley Amendment sets
the information in place to be correct for all time without the possibility
or option of revision on any level.

Government Recklessness and Abuse
Congress, the DHHS, the OCSE, nor any government body has ever commissioned
or performed any study on the target of the Bradley Amendment: the
non-custodial parent. The government has simply imagined reasons for the
measures that have been exacted. Six billion federal dollars a year, plus
billions more by the states, are spent on a legal target without research.
The Federal Government is spending billions of dollars each year on
something they know little about and based many assumptions by polling
custodial parents years ago. The law and enforcement reinforces the approach
that the inability to pay is no excuse. Needless to say, there are endless
stories of men and a few women who are now crushed by a debt that they will
never be able to pay for all kinds of valid reasons. The program moves
endlessly forward with heartless efficiency, crushing all human lives in its
hold. This oppression is a violation of due process and is both cruel and
unusual because the program removes the use of human discretion and
compassion from dealing with individual cases in the present or in the
future.

A common "solution" for non-payment of child support is jail. In 1798, John
Adams signed into law the elimination of debtor's prison. Sending "bad men"
to jail for child support without paying money and creating state and
federal expense is why some proponents want failure to pay child support
added to criminal law, even though the issue is clearly civil. This law was
developed in a time of national hysteria, has proved to be an abuse and
waste of billions in tax dollars with no benefit to anyone. It is vindictive
blood-lust and wanton misuse of power without regard to human, civil or
state rights.

As collectors of child support, state child support agencies act in behalf
of private citizens as financial intermediaries. However, these child
support collection agencies are not subjected to the same accounting
standards as banks. Financial accuracy remains unchecked and the errors are
legion. Recent studies have proven that more than $500 million in funds have
been held in public coffers without distribution. That is 4% of funds
collected by 2000. If a financial institution had made a 4% error, the
government would have closed them down. To make matter worse, the entire
program was designed from the outset to reduce the cost of welfare. The cost
of welfare spirals upward without reform, cost-containment or reduction in
sight.

Non-custodial parents are automatically monitored and regulated as though
they are criminals. The Bradley Amendment mandates that a child-support debt
cannot be retroactively reduced or forgiven even if the debtor is
unemployed, hospitalized, in prison, sent to war, dead, proved to not be the
father, never allowed to see the children, loses a job or suffers a pay cut.
The Amendment has resulted in unintended consequences that have never been
corrected, gross injustices that are never dealt with and massive costs,
especially to non-custodial parents that are already under the financial
gun. The spiraling costs within government supply no gain except to
government and bureaucracy. The Bradley Amendment must be repealed because
it violates the rights of millions of American citizens at huge fiscal
expense to the government and the taxpayers of the United States, under the
pretense of abolishing poverty and collecting child support for the nation.

Elvis Manning
TNTalk!

"Dusty" wrote in

A common "solution" for non-payment of child support is jail. In 1798,
John Adams signed into law the elimination of debtor's prison. Sending
"bad men" to jail for child support without paying money and creating
state and federal expense is why some proponents want failure to pay child
support added to criminal law,

Sure, lets throw everyone we imagine to pay money for any cause in prison!

Whose freedom are we fighting for in Iraq?

"DB" wrote in message
news

"Dusty" wrote in

A common "solution" for non-payment of child support is jail. In 1798,
John Adams signed into law the elimination of debtor's prison. Sending
"bad men" to jail for child support without paying money and creating
state and federal expense is why some proponents want failure to pay
child support added to criminal law,

Sure, lets throw everyone we imagine to pay money for any cause in prison!

Whose freedom are we fighting for in Iraq?

It does make one wonder..