No matter what anyone tells you remember what, Qanon, has said;
“They want us divided.”
Our government has run amok and it’s time we do something about that.
In Part One of this series, we reviewed how the US Congress and the past four administrations functionally transformed our welfare state into a child support fueled Police State. 1 That is unquestionably the single great sociological disaster in recorded history. Arguably the most despicable of the backlash effects of this enormous assault on the family, and notably fatherhood, are mechanisms that pay the states to promote, protect, and reward perpetrators of paternity fraud.
Paternity Fraud is wrongly naming a man as the biological father of a child, and then forcing him to pay child support even after it is proven he is not biological father of a child in question.
When those unfamiliar with this issue first hear of the problem, the typical response is: “a DNA test will solve that.” Guess again. Here are a few quick examples to demonstrate the scope of the problem.
Case 1: Doug M. Richardson (his real name) of Michigan discovered one of the two children born during his marriage were not his biological child. Armed with DNA evidence of this fact he tried to keep the court from ordering him to pay child support to his ex-wife. Nevertheless, based on his ex-wife’s false testimony the court entered an order of child support against him anyway. Shortly after this his ex-wife abandoned both of the children, leaving them with the biological father of the older child.
Along with this action, she filed for an “abatement and redirection of child support” that caused Doug’s child support payments to go to the biological father of the older child. Both actions were done without notifying Doug. Moreover, the Michigan courts are required by law to notify the child support obligator of any actions of abatement and redirection of child support and grant the obligator a 21 day period to appeal. The courts failed to notify Doug of this for over five years. This resulted in Doug paying child support to the older child’s biological father for both of the children while loosing all contact with his biological child.
Case 2: Former Nebraska football player Corell Buckhalter, who was with the Philadelphia Eagles (2001 to 2008) and the Denver Broncos (2009 and 2010), was paying thousands every month for a child everybody, including the mother, admits is not his. DNA testing proved he is not the father but the state of Nebraska refuses to release him from the child support payments. The state refused to accept the genetic test saying that because it was a privately conducted test, not a state-authorized test, it is inadmissible. Further, Nebraska’s statute of limitation expired during the debate over accepting the private test, so even if the “authorized” test is performed they won’t dismiss the child support order. Remember “statute of limitation.”
Case 3: Viola Trevino (her real name) alleged she’d given birth to Steve Barreras’ child after they divorced. Proof of her tubal ligation and his vasectomy were not allowed into evidence. When, Trevino had two tests falsified. Barreras’ wages were garnished for child support while he tried to convince the court there was no child. Finally, five years later, Trevino was ordered to bring the child to court.
When, after five years, Viola Trevino carried her 5-year-old girl, she had kidnapped, into an Albuquerque court to satisfy a judge’s demand the system finally noticed Trevino was lying.
Read the entire story by, Wendy McElroy 2 at LewRockwell.com
Case 4: Taron James (his real name) returned from the Gulf War to find himself a victim of paternity fraud. He fought the judgment for over ten years while the county attached his paychecks, unemployment checks and tax returns. This was happening despite DNA evidence excluding him as the father. A motion to set aside the child support judgment was successful, but the court refused to order the county to reimburse Taron for the more than $12,000 it took from him. Taron is still appealing. Remember this case.
This is nothing new and these are not isolated cases.
Back in 1998 in the Los Angels Times series “ In 9 of 10 Child Support Cases, D.A. Comes Up Empty-Handed” it is reported that:
No one knows how many men are wrongfully pursued for child support, though the district attorney’s own records show that on average more than 350 a month are incorrectly named as fathers.
That’s how many cases exist in just one county in the USA! There are no indications that the LA County’s problem has seen any significant improvement since this series of reports first ran in 1998.
District attorney’s records show that, in 53% of cases, prosecutors have not directly served court summonses to parents being sued.
This means the putative father didn’t appear for the hearing. Many times this is because they had not been contacted. As told by Judge Ephriam and others, often the only pre-hearing efforts made to locate these men are ads placed in the legal notices section of the newspapers. Most of these men had no idea they were considered fathers until their wages were garnished. Read the full article.
One has to be concerned when someone can allege the paternity of a child but is unable to provide service details of the putative father until after the child support order is entered, which is the case in most of these default judgments. One must also ask: if those seeking the orders know where to send service notices for the attachment of wages, why didn’t they know where to send the notice of the hearing?
In her 2002 letter to the Los Angeles County Board of Supervisors, Judge Ephriam says,
There is no doubt that men have important issues that are not addressed enough by society. Fraud is one example. Thousands of men every year are misidentified as the father of a child and never know about it until years later, when it is too late. Then they’re locked into financial prison and forced to pay child support when DNA excludes them as the father. Countless men and their families have been victimized and devastated by this very serious social problem. I have met and represented many of them myself.
Lets go back to the Corell Buckhalter and Taron James’ cases. There is a reason this keeps happening. And it proves that without a doubt the legislators at all levels of government, including the US Congress, and at least the past four administrations, openly ignore the equal justice clause of the Constitution of the United States of America. Equal justice requires due process and includes evidentiary hearings. These are consistently denied to defendants in an overwhelming number of cases challenging government entities in child support and domestic violence cases.
Remember that, Q has dropped “Equal Justice Under The Law” eight times for good reason.
For decades advocates for Equal Justice Under The Law were telling legislative members, judges and administrators that there is a serious problem with paternity fraud and its cause is incredibly simple to remedy. The perpetuation of this dire error is due a lack of Equal Justice Under The Law in the area of statute of limitations, the imbalance in time allotted to the establishment of paternity and the time allotted to contest paternity allegations.
In the United States Code in Title 42 at § 666 USC (a)(5) through § 666 USC (a)(5)(A)(i) it says:
(5) PROCEDURES CONCERNING PATERNITY ESTABLISHMENT.—
(A) Establishment available from birth until age 18.—
(i)Procedures which permit the establishment of paternity of a child of paternity at any time before the child attains 18 years of age.
It does not say. “Procedures which permit the establishment or to dispute the paternity of a child or the disestablishment of a wrongful child support order at any time before the child attains 18 years of age.” If it did say that, paternity fraud would be nearly eradicated. But this is left up to the States where the statute of limitations has varied anywhere from no time to at all, up to any time in the child’s life.
For example, in California, there is no statute of limitation for establishing paternity, however, claims to contest paternity are required to be filed within two years of the birth of the child. Where in Texas, a 2011 Texas law may permit you to challenge the presumption at any time in the child’s life.
Paternity establishments can be put on record by voluntary acknowledgment of paternity, adjudication (including default rulings) or at the hospital at the time of birth.
NOTE: This author has four children, not for any of them was I asked for ID by the hospital birth certificate lady. And on two of the birth certificates the information was incorrect; including the spelling of my name and my date of birth. That’s a 50% failure rate on accuracy.
We know our Congress is aware of the problem. First; the US Department of Health and Human Services (DHHS), Administration of Children and Families (ACF), Office of Child Support Enforcement (OCSE) has stated since 2003 that;
Paternity disestablishment has become an important issue for a number of states. State legislatures have enacted, or are considering enacting, legislation that allows a man to challenge his established paternity by presenting genetic evidence excluding him as the biological father. Even in the absence of legislation, some courts have used judicial rules and procedures to disestablish paternity.
Second; on several occasions Equal Justice advocates have hand delivered literature, ads published by the groups in newspapers and other information to every member of Congress’ Washington D.C. office. Including information about paternity fraud. They nor their staffers care.
Still despite the efforts and information sources the United States Congress simply refuses to address the issue. Given the desperate need for our federal government to claim that welfare reform has been a success, it is doubtful that they will ever question how many paternity fraud cases there really are, or do anything about correcting the errors even if they did find out.
The American Association of Blood Banks (AABB) is charged with keeping record of paternity test results among their member facilities. Note they do not cover all US paternity testing facilities. Found in their 2013 report, “ANNUAL REPORT SUMMARY FOR TESTING IN 2013,” (most resent).
Prepared by the Relationship Testing Program Unit, they state that the average exclusion rate for the laboratories reporting exclusions was 24.12%, average exclusions at 18.03%, with a standard deviation of 8.47%. The median exclusion rate was 19.22% with a range of 4.5% to 33% (see page 3 of the report). NOTE: All AABB data is based on AABB work and its presence in this piece is not an endorsement of AABB’s work by the author. In all honesty it could be 100% unadulterated BS.
Page 3, Table 2.
Exclusions seen with Non Chain of Custody (non-legal), with Chain of Custody and Total
|Median Exclusion Rate||30.19%||17.40%||19.22%|
|Range||19 – 47%||2 – 33%||4.5 – 33%|
*Total Number of Exclusion/Total Cases
** Average of the Laboratories participation
Other years data available at Relationship Testing Annual Reports.
Because in practice no one in DC cares who is paying child support for a child; as long as someone is. And they don’t care who is named the father of a child; as long as someone is. The only information given for statistical purposes is whether there is an establishment and by what method or that there is not an establishment in a case. Nothing regarding the quality of the data collected. Nor is that any codified law that requires adjustments to the collected data to account for subsequent disestablishments or other data modifying actions within a case.
So although the paternity establishments have increased in number over time, there is no evidence that the accuracy has become better or worse over time.
Why does this apply to the welfare reform laws? Well, it’s a child support issue and Child Support Performance and Incentive Act (CSPIA) has paternity establishment requirements rolled up in the incentive package. As well as enforcement.
Yes in the federal OCSE, the “E” is enforcement. This is where the facts are not for the squeamish. The enforcement of child support and any factor associated with it is vigorously enforced to the point of it being the actions of a police state and the policy of tyrants. Let us not forget how the Deep State Globalists were aggressively driving our companies and jobs out of the country.
What do you think that did to people trying to pay child support? It got many of them put in jail. With no credit for the time they were in jail falling even further behind in the child support obligation. The United States eliminated the practice of imprisonment for debts at the federal level in 1833. Most of the States followed suit. However, to this day it is still possible to be incarcerated for private debts enforced by the states for debts of fraud, child-support, alimony, and release fines.
Unlike acts of fraud and release fines for crimes, in cases of child support, alimony and domestic violence there is arguably no actual criminal act committed. Because these laws are in the civil codes at the federal level and in the preponderance of States. Attorneys and court officials often state that these cases of imprisonment are for contempt of court, not the debt, notwithstanding the fact that the contempt charge is exclusively the direct result of the default on a private debt, not a criminal act.
CSPIA was developed to usurp the US Constitution and federal statutes regarding debtors prisons and the Antipeonage Act of 1867. Often these non-custodial parents fall even further behind in their child support during their imprisonment, only to be released with as little as 90 days to pay their arrearages in full or return to prison. Many of these prisoners have been stuck this brutal cycle for as long as seven years. The Deep State Globalists thrived on this treatment and the resulting cheap, near free, labor.
Their imprisonment is cyclic, so they are not actually slaves. They are not under the employment of our government or the custodial parent during their non-custodial parent existence, so they aren’t in a state of bondage or direct servitude. We can also discount other terms, such as serfdom, bonded labor, debt bondage, truck systems, and statare as being incorrect to describe the state of existence of these non-custodial parents. However, among the terms that describe a subhuman state, one comes close to applying. That term is peonage. Creating and/or subjecting someone to a state of peonage is a violation of the Antipeonage Act of 1867.
Several states, most notably South Carolina, utilize these prisoners as labor for grounds and maintenance of corrections and other state facilities. The pay can averages $0.18 per hour. Along with being a huge savings in labor costs to the states, various federal programs provide funding for having these debtors and alleged perpetrators of domestic violence in their correctional facilities.
The purpose of these incarcerations of debtors is purported to be to aid in recovering child support arrearages. It doesn’t take a mathematician major to figure out that keeping someone out of the job market while paying them less than ten percent of the minimum wage will fail to do that job.
Among the other ridiculous abuses of authority was the practice of suspending non-custodial parent’s drivers and professional licenses when they fell behind on their child support. Remember this is an action of the Deep State Globalists whose mission was to destroy us. No matter what it may be the real intent of everything they did was designed to hurt us and our nation. There are countless non-custodial parents now in their 50’s and above who still have suspended driver licenses because they are still paying off arrearages assigned to them when they were imprisoned in their 20’s and 30’s.
Another area the escalated accrued arrearages are the direct results of the state and county courts unwillingness to reduce child support obligations to non-custodial parents who have become unemployed, under-employed, disabled, imprisoned for arrearages, or called into reserve duty. The failure or refusal to process requests for downward modifications both violates federal law (see 42 USC 666 (a)(10)(A)(i)) and creates noncollectable arrearages that should adversely affect the state’s enforcement performance but for reasons yet to be determined have not.
According to data on non-custodial parent from government funded studies, only 4% of non-custodial parents who applied for a downward modification of their child support order after their earnings fell by more than 15% from one year to the next received a downward adjustment.
The five state study “Revising Old Child Support Orders:,” conducted by the Institute for Research on Poverty, shows the levels of downward adjustments awarded vary greatly among the states.
From page 15:
An examination of the revised orders reveals that 3 percent were revised downward, and another 6 percent had no change in the dollar amount of the basic order, but had some other change, for example a temporary increase in the order to collect an arrearage that had accumulated or the addition of health insurance. The remainder of the revisions (91 percent) were increases.
From page 16:
Policies regarding downward revisions varied across states, and this clearly affected the average percentage increase in orders. Downward modifications accounted for 17 percent of the modifications in Oregon, 13 percent in Delaware, 7 percent in Colorado, 1 percent in Illinois, 0 percent in Florida, and 3 percent in Wisconsin.
The typical response we hear from the judiciary follows the form of Honorable Anne Kass, currently a District Judge in the Second Judicial District State of New Mexico. In her tenure as the Presiding Family Judge, Albuquerque, New Mexico, District Court, she states in “Can Everyone Pay Child Support?,” 18(12) Fair$hare, December 1998, at 16:
The time has come for someone to speak in defense of ‘dead-beat dads.’ Divorced or separated parents who do not pay support have been taking a beating from everyone, including the President.
I have seen some parents who refuse to pay child support even though they have plenty of money to do so. . . . However, I have seen far more parents who are ordered to pay child support who pay some support but not all they are ordered to pay. Many of these parents are engaged in a financial struggle that they cannot win. These are the working poor.
So we now cover the most ludicrous abuse yet. Most if not all child support collection systems can not calculate an over payment. And non-custodial parents often arrested for over payments that are charged as arrearages. Among enforcement actions reported to members of Congress, the use of physical torture to coerce acquiescence to false claims of domestic violence is the most egregious.
The term “torture” has sadly become all but a catch phrase in our culture. Because of this, we are required to be brutally specific in describing what we are calling torture today: genital electrocution and hypothermic torture.
Torture victims have described events during their imprisonment where they were stripped naked and doused with cold water, and then “stun-gun/tasers” were applied to their testicles by law corrections officers. This was repeated until they agreed to pay the fraudulent arrearages filed against them. The cold water is used to keep them awake during the process. This practice leaves permanent scaring with distinctive patterns that can be forensically verified. Indeed, the type of stun-gun/taser used in the assault can be identified. The residual scaring is the result of the testicular tissue in the current path between stun-gun’s prongs being cooked.
Other victims report being exposed to cold so extreme it caused them to experience rewarming shock lasting two or more days. For some individuals, this has resulted in permanent paralysis and mental deterioration. Once fit, healthy citizens are now disabled Americans solely because they refused to agree to a Deep State Globalist’s lie.
The worst case on record involved a then South Carolina man whose ex-wife was in dire need. Though details of what the need was are unclear. Nevertheless the man paid over twelve thousand dollars in advance into his ex-wife’s child support account. He was subsequently arrested for child support arrearages in excess of twelve thousand dollars ($12,000.00).
The case began in the District of South Carolina, Charleston Division as Cause Number: 2:08-cv-00487-PMD-RSC. The continued in The Middle District of North Carolina as Cause Number: 1:11CV999, there was subsequent filings from the Western District of North Carolina.
The case details keep disappearing from the Federal Court’s Public Access to Court Electronic Records (PACER – pacer.gov). Currently the Web site following the victim’s case, coldcelltorure.com‘s registration has expired in the beginning of September 2019. Hopefully it will be back on line soon. Until then the site version as of May 06, 2019 is archived on the “Way Back Machine.” archive of coldcelltorture.com
It is a long horrible story of ridiculous physical torture all for refusing to agree to pay his child support over payment again (in other words agreeing the over payment was an arrears). He was locked in a cold cell with temperatures in the low fifty degrees Fahrenheit for an extended period. Later he was mysteriously found in an open area of the jail unconscious and bleeding.
The bleeding was found to be a gun shot wound, that appears to have happened in the jail. And his body core temperature was 89 degrees Fahrenheit! Such low body core temperatures are excruciatingly painful, as are the rewarming shock that lasted weeks in this case. He received only resuscitation treatments when he flat lined (died) a few times.
The court refused to release him until his family paid a purge fee of more than $20,000.00. Over twelve thousand dollars of that purge was to cover the cost of the arrears he created by over paying his child support obligation. The rest was for the child support that accrued while he was in jail, court costs and other sorts of penalties.
We’ll cover the details of the wide spread use of cold cells and other torture methods used on non-custodial parents that over paid the child support and/or refused to acquiesce to paternity fraud and/or false charges of domestic violence in the next part of this series.
Our current system of enforcement as constructed by Deep State Globalists destroys the non-custodial parent’s ability to meet their obligation and then punishes them for the results of what the system has imposed upon them. And the states can profit from their suffering and the theft of their labor and lives.
No one should be surprised that child support enforcement is in section 666 of title 42.
It has occurred to many Equal Justice advocates that calling our Deep State Globalist representatives to complain about the failure of the system proves only to provide them with updates as to how well their plan to destroy the people, families and nation of the United State of America is progressing. We need to change our communications with them or just stop talking to them. And let them wonder why we are voting them out of office.
Remember that Qanon tells us that,
“The End Won’t Be For Everyone“
and this stuff is still the easier things to come to terms with.
Previous: Qanon and How the Deep State Tried To Destroy Us With Our Own Laws (Part 1)
Next: Qanon and How the Deep State Tried To Destroy Us With Our Own Laws (Part 3)
1 Baskerville, Stephen, From Welfare State to Police State, The Independent Review, v. XII, n. 3, Winter 2008, ISSN 1086–1653, Copyright © 2008, pp. 401–422 http://www.independent.org/pdf/tir/tir_12_03_03_baskerville.pdf
2 McElroy, Wendy, Agency Culpable in Child Support Scam, lewrockwell.com, January 6, 2005 https://www.lewrockwell.com/2005/01/wendy-mcelroy/agency-culpable-in-child-supportscam/
This article needs some serious editorial assistance!
Looks like it got it.
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