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Send these to every church in America...

to every newpaper... to every public official...

to every lawyer...

Learn how to IMPEACH a Corrupt Judge for info about Title 28 and getting away from the sanctioned pre-set disposition of ADMINISTRATIVE JUDGES...

QUOTE :

Go out to your car: See 'The Hand That Rocks Your Cradle'.

CPS Class Action has been under organization, as far as I noticed, for over a year.

My case happened in 2005 -2007 and the Oregon DHS tried to come and take my gran-baby because of the past. I fought back with the CPS (free) HANDBOOK. It worked. (Lawyers don't demand your rights). You must know what YOUR rights are and you must know how to demand them or just hear a Court Appointed Attorney say, "Yes, Massa" in your stead. A Court Appointed Attorney will 'JUST DO NOTHING' because he is an Officer of the Court and when you have one of those 'in' place of your own Personam, you become inPersonam, (WARD OF THE COURT) Person of unsound mind.

For a copy of the CPS (free) HANDBOOK [email protected]

Top Ten Signs Your Country May Be Going Fascist

Jail for Judges

FAMILIES 4 JUSTICE "F4J" (Ready)
Date: Dec 29, 2007 3:12 PM

This type of thing happens every dai in every Family Court in the US. Judges rule as they damn well please because they believe they are "above the law."

http://www.southbendtribune.com/apps/pbcs.dll/article?AID=/2 0071227/News01/129374501/0/BIZ

Plymouth mother fights court order against her disabled teen son
Judge wants him to pay child support from his SSI checks, which are exempt.

By NANCY J. SULOK
Tribune Staff Writer

PLYMOUTH — Kathy O’Leary’s teenage son is threatened with jail for failing to pay child support from his Supplemental Security Income, but she thinks the Marshall Circuit Court judge is wrong.

And the law might be on her side.

Her son, Justin Whitt, is disabled from a traffic accident that happened two years ago in northwest Marshall County. The accident killed a 17-year-old girl who was driving the car carrying Whitt and another boy.

Whitt suffered a closed head injury that left him permanently disabled, O’Leary said. She has documentation from a doctor and a speech pathologist that says he has problems with short-term memory, word retrieval, confusion, impulsiveness and angry outbursts.

He is 18 now and likely will be unemployable for the rest of his life, O’Leary said. Although he worked in a fast-food restaurant before the accident, she said, his doctor would not release him to return to work.

Whitt’s only income is $441 a month from Supplemental Security Income. He continues to live with his mother, who is his legal guardian.

Despite his disabilities, O’Leary said, Whitt fathered a child that was born in October 2006.

Once paternity was confirmed in March, Circuit Judge Michael D. Cook ordered Whitt to pay child support.

O’Leary believes Cook’s order violates the Child Support Rules and Guidelines of the Indiana Rules of Court.

His decision also might be contrary to the federal Social Security rules, which state flatly that “Supplemental Security Income payments cannot be levied or garnished.”

The state court rules spell out the kinds of income that can be taken into account for calculating child support, including gross salary or wages; potential income if unemployed or underemployed; commissions; bonuses; dividends, interest; unemployment benefits; and disability insurance benefits.

But they specifically exclude “benefits from means-tested public assistance programs, including, but not limited to Temporary Aid to Needy Families (TANF), Supplemental Security Income and food stamps.”

SSI is her son’s only income, O’Leary said.

Cook said he could not discuss the case or allow inspection of the court file because of the confidential nature of paternity cases.

But The Tribune obtained a copy of an order signed by Cook on July 16 that says Whitt must pay support, while also acknowledging that his only income is from SSI.

The judge’s order noted that a hearing held in March 2007 attributed both parents with weekly wages of $210. Cook wrote that Whitt continued to be unemployed in July “and claims to be incapable of working.”

The baby’s mother, meanwhile, had taken a job and was earning $310 a week. “She lives at home with her parents and incurs no daycare expense at this time,” Cook wrote.

Meanwhile, he noted, Whitt was $1,353 behind in his payments as of July 13.

The judge also noted that O’Leary “has been paying bills from his monies but has not taken responsibility for seeing that his support obligation is paid.”

Cook ordered Whitt to pay $41 a week in support, plus an extra $9 toward the arrearage. He also ordered Whitt to pay $400 toward the arrearage by the end of August.

The baby’s mother, Cook wrote, “has on occasion failed to provide parenting time to the father as was previously agreed.” He ordered her to start obeying the court’s visitation guidelines.

Whitt and the baby’s mother were to be responsible for their own attorney fees, Cook ruled.

Last month, the mother sought to bring Whitt back to court to explain why he had not obeyed the judge’s order. Whitt did not show up, and O’Leary said his attorney claimed he never received notice of the hearing. As a result, Cook had Whitt arrested in early December for failure show up, and he ordered him to pay $1,500 immediately.

The latest payment schedule, O’Leary said, calls for Whitt to pay $400 by Jan. 2 for part of the arrearage; $300 by the end of January; then $275 a month in support starting in February. He also reversed his early decision about attorney fees and ordered Whitt to pay the costs for the mother’s lawyer.

“This is totally unfair,” O’Leary said.

She said she also is disabled and also receives SSI. O’Leary said she pools her income with her son’s, which together total about $1,100 a month.

Her son’s income, she said, pays for the four medications he takes, plus transportation to and from LaVille High School, where he is enrolled in special education for three hours a day.

His checks also pay for food and clothing, as well as some household expenses, including utility bills, she said. Whitt also incurs expenses when his son visits, for food, diapers, transportation and other incidental things.

Whitt’s $441 a month doesn’t go very far, she said. The judge’s order would leave him only $166, or roughly $41.50 a week, to live on.

O’Leary said Cook has disregarded all of the evidence she has presented in court on behalf of her son, including a copy of the child support guidelines that list the prohibition against using SSI payments.

She also provided Cook with medical records confirming that Whitt cannot work, she said, and with a copy of a 2004 decision from the Indiana Court of Appeals in a similar case.

That case, Walter McGill vs. Jayne Franklin McGill, was heard originally in Lawrence County in southern Indiana.

The McGills had a baby in August 1988 and divorced in November 1990. Walter paid his support regularly through 1997, court records say.

The Social Security Administration determined in 2002 that he was eligible for SSI. He also was receiving monthly disability payments.

On April 29, 2003, after a hearing, a judge ordered Walter to pay support of $20 a week plus $5 extra toward his $9,110 arrearage.

Walter appealed, arguing that the trial court abused its discretion by ordering him to pay support that “deprives him of the means of self-support at a minimum subsistence level.” Paying the support would result in him “losing his housing and going hungry,” he contended.

The Appeals Court agreed.

It cited another court case that noted, “SSI is a federal social welfare program designed to assure that the recipient’s income is maintained at a level viewed by Congress as the minimum necessary for the subsistence of that individual.”

In order to get SSI, the case continued, a person must prove he is unable to “do any substantial gainful activity by reason of any medically determinable physical or mental impairment.” Furthermore, it noted that SSI payments are specifically excluded from a parent’s income for computing child support.

On the other hand, the court noted, disability benefits are different and can be included in a parent’s weekly gross income for determining support payments. Whitt does not receive disability benefits, O’Leary said.

Walter’s combined income was $572 a month, and his living expenses (housing costs, utilities, etc.) amounted to $500 a month, leaving him only $72 for food and other basic needs.

For a portion of his income to be diverted for child support would undercut his minimum support guarantee that the programs intended, the court ruled. Even a child support payment of $15 a week ($60 a month) would leave him only $12 a month for food and other basic needs, the court said.

The Lawrence County court’s “judgment is clearly against the logic and effect of the facts and circumstances,” the Appeals Court said.

O’Leary feels the same way about Judge Cook’s rulings. She said she will continue to fight it.

Staff writer Nancy J. Sulok:
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RE: Good & Bad, too!