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A Child's Right

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Darrick Scott-Farnsworth

Children have the God Given Right to be raised by their fit and willing parents. Government interference in the parent-child relationship without clear and convincing evidence is child abuse. It is time for our society to wake up and demand Equal Parenting legislation.

JR

how it happened to me....i had been hiot head on by a drunk driver...out on disability...my wages garnished for my banruptcy...at the child support meeting for my two kids i havent seen in 5 yrs...the dhr sup shrugged her shoulders and said we youll be asked to pay support on the entire gross income..in other words my being out on disability or the bankruptcy garnishment or taxes or anyhting did not matter to them...i told her we'd have to go to court about it then...she went to talk it over with her dhr attorney ...she came and said we'll contact you for the court date...a month and a half later i was told that i was defaulted for not showiung up in court...what they did was to send the court apperaance letter to an old pobox instaed my home address which they have al;ways sent my mail to...tyhis is the system we live under...completely corrupt!!!!

Chuck Hamilton

I read an editorial in the Midland daily news written by Mr. Wurm. I found the letter very interesting and informative.I do agree with Mr. wurm that the family courts and the FOC need a severe OVERHAUL!! I was convicted of FELONY Non-Support in June 07.I had all the evidence I needed to prove to the court that by Michigan law I was not responcible for the support of this child due to the mother still being LEGALLY MARRIED to another man at conception/birth.My court appointed lawyer was presented this evidence and just shrugged it off claiming it was not relevent to my case. I fail to see how it wasnt as it pertained directly to my case.I have not seen this child since 1999 and have no idea as to his whereabouts as the mother was allowed to kidnap this child out of state by the COURTS.This was proven and admitted to me by the Osceola County FOC,and they refused to take any action against the mother.The mother also held this child from me for three years without notification of any kind,then i get served papers stating I had a child three years old.The court put me 14k in arrears for a child I had no knowledge of.Now I ask,does anybody think this is a fair deal?Now I have a FELONY record and finding work has become a task due to this.Please dont get me wrong,I`m not about complaining,or feel a parent should not support there child/children, but when a person gets railroaded by a court system,and the state Government,polititions,or anybody else wont help,now theres a problem.We vote these people into office,and they should be there for US not for personal gain.I filed an appeal in the Michigan Court of Appeals, they DENIED my appeal for lack of MERIT,when in fact I sent them all the evidence I had to support my claim.Now am to believe that the appeals court denied my appeal due to the case involving CHILD SUPPORT?I`ve been wondering that myself.I have written everybody from the states Att Gen office to the govenor of Michigan,and I must say..this state is a JOKE!!since Mr Mike Cox has made it a Felony for non-payment of support,I know several parents who`s lives this has RUINED!!,and to be classified with SEX OFFENDERS,RAPISTS,KILLERS,ARMED ROBBERS,I mean come on lets get real here.To put it in a nutshell,the system as a whole has FAILED the people of Michigan who are involved in it.Corruption in the court`s,Rights Violated(such as mine were),Money hungry FOC offices,and the list goes on,and the sad part about this is,THERE IS NO HELP FROM ANYBODY AT THE STATE LEVEL,they want to get involved,SAD BUT TRUE.People WE elect into office wont even stand up for our rights.Well i guess it`s time we pull together and send out the message"WE WILL NOT BE PUSHED AROUND ANYMORE".

Jan

I agree very much that the court system and lawyers are corrupte. My friend has had nothing but trouble since his son was born 14 yrs ago. At first the mother never told his son that my friend was his father. When the state took him away from his mother for the second time is when his son found out he was his father. The whole time though my friend was paying child support. The second time my friends son was taken away from his mother he got him. He had him for a year from the time he was 9 till his 10th birthday. They just came and took him back. They gave him back to a mother that was a known drug addicit and felon. My friend doesn't have a record. That was in August of 2005. We have only seen him once and she has not let him talk to his son or see him. He doesn't have the money to get a good lawyer. So has to depend on a legal aid attorney. Since we live in Nebraska and his son and his mother live in Iowa, he has to get a lawyer there. My friend doesn't think his son is getting any of the child support because the last time he talked to him was over a year ago and he said his mother hadn't bought any clothes or anything for him. The last time we saw him he was wearing shoes that were two sizes to big for him.We asked him where he had gotten them and he said he stole them off someones clothesline because he needed shoes. We figure she was spending the money on drugs. Anyway, the courts gave him back to this mother and they said they want to keep the families together. They sure are doing a great job of it aren't they? I think the court systems should be changed all over the country. Don't you? Thanks for listening and sorry I'm so long winded. Jan

Chuck Hamilton

Well here is something that i`m sure will make some heads turn and jaws drop. I put an application in for the local township fire department and since I have a FELONY on my record..I was denied a position and also found out that I cannot take any EMS classes as well, so there goes another chance at employment in a field i`ve been in for 20 years.I read Jan`s comment and i`m in the same boat,cannot afford some high dollar lawyer to fight this and because its a FELONY legal aid wont touch it.So?..have I run out of options? I have lost all faith in the state law makers in Michigan.Does anybody have any idea`s on how or who i can contact to help me fight this issue so I can get my life back??????please feel free to contact me if you do..fireman911_911@yahoo.com

JOE CAIN

CHUCK HAMILTON,

Please get in touch with me and maybe together we can do something about this. My name is joe cain and you can email me at joecain1@yahoo.com

CANDACE ROBIDOUX

MY EX AND I HAVE JOINT CUSTDOY OF OUR 9 YEAR OLD DAUGHTER SHE LIVES WITH HER FATHER AND HIS WIFE WELL A MONTH AGO HER FATHER AND HIS WIFE SEPERATED HE TOLD ABBY AND INROLLED HER IN A DIFFERENT SCHOOL JUST RECENTLY HIM AND HIS WIFE DECIDED THAT ABBY LIVE WITH HER I WONDER WHERE MY RIGHTS FALL IN TO PLACE HERE AS HER MOTHER I AM WORRIED ABOUT MY DAUGHTER SHE HAS BEEN ON A EMTIONAL ROLLER COASTER SHE HAS HAD SO HAPPEN TO HER IN HER SHORT LIFE I TOLD HER FATHER ABBY COULD STAY WITH ME UNTIL THEY GET THINGS WORKED OUT HE REFUSED IF ANY ONE CAN CALL ME SO I CAN EXPLAIN MY CONCERNS I WOULD DEEPLY APPERCIATE 319 560 5411

Chuck Hamilton

THIS SHOULD MAKE FOR SOME GOOD INFORMATION!!.I CURRENTLY HAD CONTACT WITH A GENTLEMAN WHOM I HAVE BEEN CORESPONDING WITH ABOUT MY FELONY CASE. HE POINTED ME TO THE MICHIGAN SUPREME COURT WEBSITE TO LOOK AT THE CASE OF "PEOPLE v VITO MONACO" DOCKET# 126852 262MICH APP596;686 NW2d 790 (2004).THE SUPREME COURT REVERSED THE DECISION OF THE MICHIGAN APPEALS COURT FOR GROUNDS TO DISMISS CHARGES.THE SUPREME COURTS OPINION STATES THAT UNDER MCL 767.24(5)THE PROCECUTOR HAS SIX(6)YEARS TO PROCECUTE UNDER MCL 750.165(FELONY NON-SUPPORT)AFTER SUPPORT HAS BEEN ORDERED.AFTER EADING THIS LENGHTY OPINION I FIGURED OUT THAT IS WHAT IN FACT 9 YEARS FROM THE DATE MY SUPPORT WAS ORDERED,SO IN KNOWING THIS,I WAS WRONGFULLY CONVICTED OF MCL 750.165 DUE TO STATUTE LIMITATIONS.I STRONGLY SUGGEST THAT IF THERE ANY PEOPLE WHO READ THESE POSTS AND HAVE BEEN CONVICTED OF MCL 750.165 UNDER THIS STATUTE OVER THE SIX(6)YEAR LIMITATION..FIGHT IT!!!!CLEAR YOUR GOOD NAME NOW!!MY SUPPORT ORDER WENT INTO EFFECT IN 1998 SO AS YOU CAN CLEARLY SEE..I WAS WRONGFULLY CONVICTED HERE BY THE OSCEOLA COUNTY 49TH CURCUIT COURT,MISREPRESENTED BY "THERE" COURT APPOINTED LAWYER,AS HE SHOULD HAVE KNOWN THIS ISSUE,OR AT LEAST LOOKED INTO THE MATTER BEFORE HE "COERCED" ME INTO PLEADING GUILTY OR REMAIN INCARCERATED.SEND THE MESSAGE PEOPLE "WE WONT STAND IDLY BY AND BE WRONGED BY THE COURTS ANYMORE"..LET YOUR VOICE BE HEARD..STOP HAVING YOUR RIGHTS VIOLATED..THE TIME IS NOW..

Chuck Hamilton

WELL HERE IS A LITTLE MORE INFORMATION I WOULD LIKE TO ADD.THE LIMITATION FOR PROSECUTION UNDER MCL 767.24(5)IS SIX(6)YEARS,THE LAW WAS REVISED IN 1999 SO ITS POSSIBLE THAT THEY CAN USE THAT AS THE STARTING POINT OF THE SIX(6)YEARS.THE RULING OF THE MICH SUPREME COURT STATES:UNDER THE LIMITATION PERIOD OF MCL 767.24(5),A PROSECUTOR HAS SIX(6)YEARS FROM THE POINT THE SUPPORT ORDER WAS IMPOSED TO CHARGE SUCH VIOLATIONS(750.165 FELONY NON-SUPPORT/FAIL TO PAY).IF CHARGED AFTER THE LIMITATION HAS EXPIRED ITS A VIOLATION OF CONSTITUTIONAL EX POST FACTO,AND IS GROUNDS FOR DISMISSAL OF CHARGES.SO IF ANYBODY HAS BEEN CHARGED UNDER MCL 750.165 OVER THE SIX(6)YEAR LIMITATION WHEN YOUR SUPPORT ORDER WAS IMPOSED YOU HAVE GROUNDS TO FIGHT TO HAVE YOUR CHARGE DISMISSED UNDER RULING OF THE MI SUPREME COURT

Holly Todd

I am a mother and WANTED to share equal parenting time for my 3 kids with their father during the divorce 3 yrs ago. I thought this was the only reasonable arrangement and would be best for the kids. Their father and I agreed, verbally and in writing that since we will share 50/50 parenting time with the kids, there will be no need for any "child support" obligation. We alternate equal weeks and holidays as well as vacations. It could not be more equal. Last yr, out of the blue, he sued me for "child support" and got it becasue I make 19%more than him. Neither of us are poor or wealthy and each provide a good environment for the kids without taking money from each other. I was shocked he could do this! How can I be MORE THAN 50% responsible for my kids? We each inherantly share the cost and responsibility for their care by caring for them each 50% of the time! This makes me regret that I agreed to a 50/50 arrangement at the beginning. I feel stupid and taken advantage of. I see now why parents fight for "custody" right off the back. I am now punished for actaully wanting my kids to have what is best rather than being aware of what he could do to me because of this. If we want our kids to have equal parenting time with each parent (the best in most cases) then we have to make our laws protect each parent from the other and make sure that neither is punished because of it!

Mark


Dec. 19,2008

Double Dipping Mother

CSEA (Child Support Enforcement Agency) has harassed, allowed and also has the courts enforcing my Ex to double dip monetarily. By the CSEA formula the children should receive support at 700 a month. The lack of rules and laws that govern the support system hurts my situation. My kids already receive about 1100 in child support in the form of adoption subsidies. All CSEA said they would do is figure it into her income, which means I will still have to pay about 400. So right now they threw me into arrearages and I pay 900 with adoption money, also from our adopting them together she alone receives 2000 total right now. Even after resolution she will receive about 1500 for the kids 800 over what CSEA’s formula says she should get.
They have driven this Dad to loose his house and file for bankruptcy with no remorse. When going into the CSEA building for Lorain County there is a BIG sign stating FATHERS HAVE RIGHTS. A father should have civil rights be able to live a half way decent life and be able to not be thrown into poverty. I have lost my house and live with my sister in the basement. I am trying to go forth to Ad Populum, because hopefully in the future someone might not make the same mistake I did marrying someone who uses the system.
“We believe that these measures all violate the constitutionally guaranteed civil rights of tens of thousands of fathers and other non-custodial parents. The specific rights violated include the right to equal protection, to due process, the prohibition against cruel and unusual punishment and arbitrary fines and penalties”. www.ancpr.org

EXAMPLE- In 1990, Lockheed employee and divorced father Bobby Sherrill was captured in Kuwait and spent nearly five harrowing months as an Iraqi hostage. The night after his release Mr. Sherrill was arrested for not paying $1,425 in child support while he was a hostage.

Thank you for you time

IKE
Lorain, OH.

Chuck Hamilton

well its been awhile since i posted anything,but now i`m here to send out a very serious message I feel is going to blow the minds of ALOT of people.After a boatload of correspondense with several people, I have found that anybody charged under MCL 750.165 Felony nonsupport/failure to pay AND THEY HAVE CLAIMED YOU OWE ARREARGES after 2/1/06 YOU HAVE BEEN WRONGFULLY CHARGED/CONVICTED by the state and the courts.How do I know? well let me answer that for you. Mi Supreme Court Opinion dated 2/1/06 People v Vito Monaco:THE OPINION STATES THAT THE STATE OF MI "CANNOT" PROSECUTE UNDER THE FELONY STATUTE FOR CHILD SUPPORT ARREARS THAT HAVE ACCUMILATED AS IT CONSTITUTES A "CONTINUING OFFENSE".THE SUPREME COURT UNDER THIS OPINION HAS DETERMINED THAT FAILURE TO PAY SUPPORT "IS NOT A CONTINUING OFFENSE" AS EACH FAILURE TO PAY THE ORDERED AMOUNT AT THE TIME ORDERED CREATES A NEW OFFENSE WITH ITS OWN DISTINCT DATE. PEOPLE v ROBERT PARKER (Mi Court of Appeals DOCKET# 268301)MOTION TO CONFESS ERROR FILED BY THE ATT GEN OFFICE "PURSUANT TO IOP 7.211(C)(7)THE STATE SEEKS TO MAKE A CONFESSION OF ERROR IN THE ABOVE MATTER.THE MI SUPREME COURT DECISION UNDER "MONACO 474 MICH 48(2006) WILL PREVENT ANY FURTHER ADJUDICATION OF THIS CASE BY APP OF THE SOL AND THE NEW FINDINGS THAT FAILURE TO PAY CHILD SUPPORT IS NOT A CONTINUING OFFENSE". THE PEOPLE OF THE STATE OF MI MOVE TO CONFESS ERROR,ASK THE APPEAL BE DISMISSED,THE CONVICTION VACATED,AND THE CASE DISMISSED. the opinion listed here can be printed right from the casefile for "Monaco" and the Appeals court documents can be obtained by submitting a letter of request to the Mi Court of Appeals clerks office.the cost is .50 cents per page to obtain these, but I feel that it`s a small price to pay to protect your civil rights.the word needs to spread like wildfire and make our voices heard that we will not be subjected to the GROSS NEGLIGENCE/MISCONDUCT,VIOLATION OF RIGHTS,AND ABUSE OF POWER any longer.lets turn the tables in Mi and file a class action and make the example out of Mike Cox and his office for the INJUSTICE they have applied,and all the lives they have ruined due to wrongfull convictions. I would not be on here typing this information if i did not have the supporting facts to back up this claim.lets make it happen....spread the word!!

Bryan

Holly...I hate to say it but...Welcome to probably 99% of the 'Fathers Side!' by know means do I mean it in a bad way Holly! Money speaks louder than the law and your agreement with the EX and Money talks!

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