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Messages - leon

#41
well I appreciate youre truthfullness in the matter, and give you all the praise of a just father, for of either sex I am no different in thoughts, I do feel youre pain in the matter, for as io had said I am going through it myself right now. As I had said my case is now in the ninth Circuit, the problem is of course the courts dont want to rule on it for it will have serious consequensies on many people and states, but they cannot by law, and by the constitution do Bills of Attainder, and that is what they have done, I do hope to here from you time to time, for when my case does get into the U.S Supreme there is no doubt I will win, and I will be more than happy to share with you on what basis.
But before i go, I must ask again is the state enforcing youre order,? did you ever look to see what They have you labled as?this is important, for you.
#42
which ever then, but you didn't answer the question, wheres the authority, or what is the alledged goverment goal, what is the means for which it is trying to acheive, every case from the state to the U.S Supreme Court, has always stated the NCP is the only to pay, The Question maybe you should be asking is how did a Custodial parent get Obligated by someone else, you hold the authority, the general say, the welfare of the child, and yet someone else is saying you are responsible all the time, solely,,Hmm, bet if you read the paper work, if CSE,CSSD, is enforcing, they have you labled as the NON Custodial parent. And it might be youre state has legislated this, but it doesn't mean it will stand higher up if challenged, Alaska does all kinda illegal crap to its citizens, and a good deal gets turned in the federal courts, the states violate more fundamental rights then the feds ever will.
#43
very well aware CSE is involved automaticly if one is on assistance, and the processing fee can be charged back to the NCP, boy I wish more peolpe would read the cooperative agreements. As a mater of fact there is a statuatory regulation just for tthe NCP to be charged by the state for the FEE. of processing
#44
ahh another Custodial paying support, just like me,,ever wonder where or how a custodial parent can be obligated?there is no authority to obligate a custodial parent, nor is there any Substantive law with supporting regulations.
Trust me I know, been fighting for nine years and now ime in the Ninth Circuit, without assistance of counsel.
#45
yes, but it can be charged back to the NCP.
Ever read or heard of the Cooperative Agreements
#46
jurisdiction is consentual, everbody state they have jurisdiction, but yet know one wants to prove it, also there is that thing about Article III courts, for which state courts are not, see if you can get a state court judge on record to say he is a Arctile III court,(they cannot) also try to get a judge to say he is independant on record(Cooperative agreements, contracts, with the states, for the states, there bound to perform FOR the state for REVENUE) so much for an independant judge.

Sure it happens, Ive read hundreds of cases where its happened, and most were tuened around in a federal court just for that,(for those who appealed) and yes I know they ignore the laws, there's Administrative judges for you, makeing interpretive Administrative decisions,

but thats just it, where did you waive youre rights to an Administrative judge that is bound by a contract to perform for the highest money, and why didn't the judge or youre Laywer disclose it to you.

Everything, and anything can happen, untill people wise up.
#47
Child Support Issues / RE: Need help on case law.
Dec 12, 2006, 09:56:47 AM
if I understand you correctly, you said the daughter was coming after you for alledged back support, she has no legal standing, nor any right, and yes there is a couple of cases on this, better yet, its just a benefit, and there is no personal right's to benefits,(that has been held hundreds of times) the daughter has no legal standing period. The Secretary did not grant personal rights to recipients of Support, and where no personal rights exist, and its not clearly in writeing, then there is no vindication.
#48
ah but this is where the courts have no authority, that kind of legislative interpretation comes from congress, not the bench, the bench is where they way it against the constitution to see if it will stand, the courts are legislative, nor can they legislate from the bench, they are bound by law, written law, of course to many people cannot seem to grasp that, judges, Administrative or not cannot make law, and there all bound by the Administrative procedures act, where there has to be a statute of authority,and it has to be specific, the U,S Supreme court years ago had a case of simularity,involving movement for cohabitation of time and money, to be tied together, and said even with favoring public policy the likelyhood of it standing was slim, it infringes upon the fundamental rights of the parents, as it should be overturned, and as I have said in the past, if more parents would just go straight to the federal courts there would be even less of this State BS.
#49
of course the courts offer free services to the Cp, the state makes money off all support orders, especialy the ones where the CP has turned enforcement collection services over to the state, either by being on state assistance, or by asking for services, either way the state makes money off of it, the other part to that is even when services are not be rendered by the state, the court still gets money from the feds under title IV-d of the Social Security Act, Cooperative agreements, section 3.1 agreements between the states and the courts(contract.)
#50
legaly, no a judge cannot establish visitation dependant upon the NCP paying support, some have tried and gotten rightfully squashed by the higher courts. Such authority is deemed interference upon the familly unit by the state.

Under youre existing custodial order, being you have the children the majority of the time(even though it is lacking the precise wording) then you would have legal custody, since it goes hand in hand when one party has the children majority of the time over the other.

As far as you or youre docter interfering, no legaly you cannot withold the NCp's time with his/ or her child, this is where the courts come to play, anytime you step outside the ruleing of the court and try to be a judge(rightfully or not) you open youreself to possible suits, and can be held in contempt. For if a judge allows a custodial parent to do it, then they would by right and law have to allow a non-custodial parent do it as well, or you have discrimination and violation of equal protection.

All in all, youre order of visitation sounds like it is going to cause problems down the road.