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Messages - leon clugston

#11
you have gotten youreself in a pickle there, and unfortunately youre present actions are not realy the best. But what is very sad is they cant retroactively lower support, but more often than not retroactively increase support.
Of course the variable question is, was there alleged fihures in the first place actualy legit in accordance with youre alleged income, or was it derived from an unacountable source.
#12
every state has its different specifications when it comes to needy children. But most do have stipulations, and are required when said child reaches age of alleged maturity but still has special needs under the federal guidelines set forth per the cooperative agreements, in particular when said child is on SSI, Medicaid, medicare etc... You have touched a hollow ground my freind that may or may not be complicated, depending on how the state wants to go about it. The easiest way to see where youre standing is look in youre state statutes on marital and children, or welfare and dependants, ie. in special cases.
As far as signing over youre rights, thats a personal decision that you youreself needs to weigh, but another option that may be enlighting is if the child is able to llive on his/ her own, or under limited care, this option may be one way to even the cards, as to where both of you would be required to assist or provide for the needs.
#13
Texas Cooperative Agreements, between the AG and the Courts
Section5.1.1- Duty to employ Associate Judges for Title IV-d cases
all cases entered before child support enforcement division, by a judge or a private person is put on a IV-d application.
OCA, as provided by the laws of Texas,shall employ not more than 47 and 3/4 quarters full time equivalent Associate Judges for Title IV-d cases (hereinafter*Associate judges*) These Associate judges shall be appointed by the presiding judges of the Administrative Judicial Regions of Texas to assure the timely disposition of cases involving the establishment and enforcement of title IV-d child support obligations. All associate judges shall be **devoted exclusively to the adjudication of title IV-d cases**specified in section 8 of this agreement

The attorney general for Texas holds the burden on all pays of all entities involved in the Agreements, compcontroller, judges, assistants and so forth..etc.. and said monies is funded through the feds for performance,,its lengthy, will have to post another time.
#14
a very enteresting qoute from the judge there.

Now, here comes the better part of the cooperative agreements, for which will come in a later posting.
OCS "Office of childrens services" gets money for adoptions, gets money for kids in foster parents houses, and gets money again for said kids on medicaid, medicare, so yes these Cooperative Agreements are not just limited to support, there is other areas to exploit.

Greg Pound in Florida is still fighting trying to show what is going on with the Office of Childrens Services,"ie" Cooperative Agreements, and is on his way to the U.S Supreme Court with that battle, and of course there as in many other cases the Attorney Generals Office is fighting him all the way, they do not want the case in the U.S Supreme Court, and are biteing every tooth and nail to keep it from going there.
#15
some enteresting quotes in there from various reports and journals.
realy liked the question brought up by the House ways and means committee.
#16
This is only a tip of the iceberg, for here it shows I dont lie, it exist its real, there is hundreds of pages to these parts, Texas plan alone is said to be one thousand pages, for which we only have app...one hundred, will be getting to posting there plan soon, and there special associate judges.

The question that should arise from everybody is-
if all parties are in it for money, and there all getting compensated, then where is the real enterest, and are we realy getting due procesess and equal protection of the law.?
Due process does not exist in civil matters, nor do you have a right to due process or an independant judge in civil matters,,so it has been said, will be posting those opinions soon from various courts.
#17
States are not required to reach cooperative agreements with their courts and law enforcement officials under Child Support and Establishment of Paternity Act;  but states are required to pave ways for such agreements by enacting enabling legislation and removing any statutory impediments thereto, and states must make reasonable, good-faith attempts to reach agreement with their appropriate courts and law enforcement officials.  Social Security Act, ß  454(7), as amended, 42 U.S.C.A. ß  654(7).
A state plan for child and spousal support must-
(7) provide for entering into cooperative arrangements with appropriate courts and law enforcement officials (A) to assist the agency administering the plan, including the entering into of financial arrangements with such courts and officials in order to assure optimum results under such program, and (B) with respect to any other matters of common concern to such courts or officials and the agency administering the plan;
42 U.S.C. ß  654(7)

State plans---
2.2 support obligations
The support rights assigned to the state, as defined in 45 CFR 301.1 constitute an obligation owed to the State by the individual responsible for providing such support. With respect to such obligations, the IV-d agency complies with the requirements in 45 cfr 302.50

2.12-Procedures to improve program effectiveness
The state has in effect laws Requireing the use of expedited administrative and judicial procedures for establishing, modifying, and enforcing support obligations in accordance with 466(a)(2) and 466(c)(2) of the act

10-2 review and adjustment of child support orders
the state, in IV-d cases, has procedures for the periodic review and adjustment of child support orders, in accordance with 466(a)(10) of the act and 45 CFR 303.8

13. collection and use of Social Security numbers for use in child support enforcement
the state has in effect laws requireing that social security numbers be collected and recorded in accordance with 466(a)(13)
2.13 incentive payments to states and political subdivisions
The IV-d agency makes incentive payments in accordance with 303.52 and 302.55 (454)(22) and 458(a) 0f the act 45CFR 302.55 and 303.52

section 5
general provisions-the plan will be amended whenever necessary to reflect now or revised Federal statuts or regulations, or material change in any phrase of state law, organization, policy, or IV-d agency operations. Plan amendments will be Submitted to the regional Office of child support Enforcment for approval. Citation-454(13) of the act: 45CFR 302.13
list 3.1A-list of Cooperative agreements
CSED reimburses the courts for services provided for paternity and support establishment under 45CFR 303.107(d)

Burearu of vital statistics
BVS admiisters the hospital based paternity program and provides online data access for the IV-d agency regaurding birth and death records.
Social Security Administration-Access to records maintained by the IRS.

Court agreements- I. The court Will Solicit and recieve the expertise and Data of CSED in the course of establishing and revising the guidelines ti include compilations of information collected in compliance with 45 CFR 307.11
The Child Support guidelines WILL provide that there shall be a rebuttable presumption that the amount awarded which would result from the application of the guidelines established under the paragraph (A) of this section is the correct amount of support to be awarded.

F.the parties agree to cooperate in the devopement of budgets and work programs so as to avoid the loss of any incentives payments to which CSED may be entitled.

G. Center staff will provide training to its employees statewide on the functions of CSED, eligibility criteria, procedures for applying for CSED services and other related topics all designed to increase the number of persons applying for CSED services.

J. Allow, upon reasonable notice, CSED or the Federal Office acces to court records and permit periodic on site observation of the Performance of Functions being carried out relative to this agreement in order to evaluate the quality, efficiency,effectivness and scope of services provided under this agreement and fullfil the states obligation to cooperate with OCSE as required by 45 CFR 305.13(a)

VI. other terms and conditions- B. Financial penalties or disallowances of federal financial participation for expenditures that are sustained by CSED as a direct result of any federal audit or office review finding inadequate performance by the Court under this agreement shall be passed on to the court.
F. the parties agree to cooperate in the developement on budget and work programs so as to avoid in the loss of any incentive payments to which CSED may be enititled.


#18
Code of Federal Regulations Currentness
Title 45. Public Welfare
Subtitle B. Regulations Relating to Public Welfare
  Chapter III. Office of Child Support Enforcement (Child Support Enforcement Program), Administration for Children and Families, Department of Health and Human Services (Refs & Annos)
  Part 302. State Plan Requirements (Refs & Annos)
§  302.1 Definitions.
The definitions found in §  301.1 of this chapter also are applicable to this part.

§  302.10 Statewide operations.
The State plan shall provide that:

(a) It will be in operation on a statewide basis in accordance with equitable standards for administration that are mandatory throughout the State;
(b) If administered by a political subdivision of the State, the plan will be mandatory on such political subdivision;
c) The IV-D agency will assure that the plan is continuously in operation in all appropriate offices or agencies through:
§  302.13 Plan amendments.
(a) The State plan shall provide that the plan will be amended whenever necessary to reflect new or revised Federal statutes or regulations, or material change in any phase of State law, organization, policy of IV-D agency operation.§  302.34 Cooperative arrangements.

The State plan shall provide that the State will enter into written agreements for cooperative arrangements under §  303.107 with appropriate courts, law enforcement officials, Indian tribes or tribal organizations.  Such arrangements may be entered into with a single official covering more than one court, official, or agency, if the single official has the legal authority to enter into arrangements on behalf of the courts, officials, or agencies.

§  302.50 Assignment of rights to support.
The State plan shall provide as follows:
(a) An assignment of support rights, as defined in §  301.1 of this chapter, constitutes an obligation owed to the State by the individual responsible for providing such support.  Such obligation shall be established by:

(1) Order of a court of competent jurisdiction or of an administrative process;  or

§  302.55 Incentive payments to States and political subdivisions.
Effective October 1, 1985, in order for the State to be eligible to receive any incentive payments under §  304.12 and part 305 of this chapter, the State plan shall provide that, if one or more political subdivisions of the State participate in the costs of carrying out the activities under the State plan during any period, each such subdivision shall be entitled to receive an appropriate share of any incentive payments made to the State for such period, as determined by the State in accordance with §  303.52 of this chapter, taking into account the efficiency and effectiveness of the political subdivision in carrying out the activities under the State plan.
§  302.70 Required State laws.

 (a) Required Laws.  The State plan shall provide that, in accordance with sections 454(20) and 466 of the Act and part 303 of this chapter, the State has in effect laws providing for, and has implemented procedures to improve, program effectiveness:

Not even the beggining but way to long for one post. Next post will be continuation with the actual state plans, and yes the court mandates, that they perform for money.

#19
Child Support Issues / RE: Hey misty...
Nov 07, 2007, 07:59:04 AM
One point that goes in hand with that Baby is, when a NCP is made an obligor by a court, agency, employee of the state, in many times at a high amount, such person is therefor made to get a higher paying job, or even another job, which in turn is used against said individual to reduce visatation which is directly correlated to ones support, which then is raised again for supposed lack of time with said child.
#20
You realy act like an immature child,
if you cannot even read the facts posted, how do you even read cases? or do you just take what the laywer/ state tells you for granted. In either case, youre boring, kinda like an entity without a title.