How to eliminate the need for illegal child support enforcement tactics.

How to eliminate the need for illegal child support enforcement tactics.

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Larry Yff started this petition to Director, Michigan Dept. of Human Services Robert Gordon and

I completely understand the need for child support and its enforcement BUT I am 100% against enforcement tactics that are deceptive and illegal in nature.  As a father who loves his children I intentionally chose not to pay court-ordered child support as my way of lashing back at a system I felt was being intentionally deceptive and spiteful towards myself and others who were ordered to pay child support.  In the end, I only hurt myself, was directly responsible for breaking up my family, being an extended and unfair burden on taxpayers and had poor relationships with my children.

As a result of non-payment of child support, I have been to jail at least 13 times, with just as many driver's license suspensions and warrants issued for my arrest, and at least one seizure of a bank account.  Fighting the system my way was ineffective at best...petitioning for change is the more productive option and provides a host of benefits to society, the State and the families affected by child support actions and enforcement.   

Reducing government interaction in family support and shifting it to a guided cooperation of the parents is the ultimate goal of this petition.

This petition will re-write the intentionally deceptive wording of current enforcement tactics, identify and eliminate all current illegal enforcement tactics and eliminate the need to take such drastic enforcement options.

1)  Re-write the intentionally deceptive wording of current enforcement tactics:  Currently, people who owe child support, which is a debt, can legally be locked up for failure to pay debt because of the intentionally deceptive writing of enforcement policy.  Technically, the payer is not being jailed for failure to pay debt, he is being jailed for contempt of court.  Contempt of court does not have its own sentencing guidelines.  Sentencing guidelines are based on the original sin.  Since the child support payer's original sin was failure to pay a debt, he should be protected by the US Constitution (and several State constitutions) that say: a citizen cannot be imprisoned for failure to pay debt.

2)  Identify and eliminate all current illegal enforcement tactics:  When you break driving laws too many times such as speeding or drunk driving, your punishment is often a driver's license suspension.  That punishment fits the crime.  How does suspending a driver's license relate to failure to pay a debt?  Can anybody please name another debt that actively pursues the punishment of driver's license suspension for failure to pay?  If not, then the suspension of driver's license should immediately be stopped because it is cruel and unusual.  In that same vein, are there any other forms of debt that allow for a person to be imprisoned as a routine enforcement tactic?  If that enforcement is unusual, it too must be stopped immediately.  I already showed where it was unconstitutional as well in point #1.  You cannot have a passport if you owe more than $2500 in child support debt.  Once again: can anyone show me another form of debt, especially with that low of a ceiling, where you are unable to get a passport?  

3) Eliminate the need to take such drastic enforcement options:  Child support should be restructured with a ceiling amount.  State family agencies went into massive debt by allowing the non-payer to rack up large sums of debt.  This resulted in an attempt to persecute and prosecute the non-payer into paying.  If we restructure family welfare/subsidy, the amount of debt accumulated will be nominal, in which case the need to witch-hunt non-payers will be eliminated.  Currently the State pays the custodial parent's rent, utilities, daycare, groceries, daycare and often times cash assistance.  The child support payer becomes the lowest hanging fruit and becomes the scapegoat for recovering State funds.  How about we gradually reduce the aforementioned subsidies every year AND provide other legitimate sources of income through specialized training and education programs.  I think exploring the option of having a set annual benefit amount and structuring the repayment schedule in a way both parents can afford is another option.  It's like that saying about teaching a person how to fish instead of just giving him fish.

Child support enforcement is necessary...but it's time to take the intentionally deceptive, unreasonable and illegal tactics out of it.

https://anchor.fm/larry-a-yff/episodes/Ep--54-Friend-of-the-Court-and-Child-Support-eatmhr

 

 

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