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May 11, 2012, 03:55:00 PM
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The steps detailed below outline one possible course of action if you are unfairly harassed by an overzealous Child Support Enforcement office. This information comes courtesy of Bruce Eden, of the Divorce Reform Coalition of NJ & NY. Bruce writes that, in his experience, once you take these actions "...in NJ and NY, we don't hear from them again, or at worst for at least 2-3 years."
- File a motion (or cross-motion if necessary) moving to dismiss any notice since it is computer generated and not signed by a real person. Since the notice is coming from the state or some state agency, move to dismiss because they are not the proper private party in a civil matter and you have not consented for them to be joined into the case.
- Tell them in a supporting affidavit that if they continue to move or notice against you, they open themselves to civil and criminal liability, since Congress waived the state's sovereign immunity upon passage of Federal child support enforcement laws that are incumbent on the states receiving federal funding.
- Also, move to dismiss for failure to state a claim upon which relief can be granted, since they are not a proper private party and that their notice or motion is frivolous and meritless.
- In addition, move to dismiss on the basis that those who sent you the alleged notice along with the judges, hearing officers, probation people, child support workers and others have a pecuniary interest (a monetary interest) in the outcome of the case. File a supporting affidavit that their notice must be dismissed because they have a direct economic interest in the case, because their salaries, pensions, bonuses and bounties are directly linked to the amount of child support ordered, collected and enforced upon, pursuant to Federal law Title 42 U.S.C. Section 658, which allows for reimbursement in the amount of child support collected or enforced upon.
- Next, demand discovery of all those involved. Demand true and correct copies of their contracts they signed with the county, state or municipality when they took their jobs; demand true and correct copies of their oaths of office that they took when they were first hired by the government entity; demand true and correct copies of the financial bonds they signed upon employment; demand true and correct copies of their pension plans and an demand affidavits from each and every one of them that their salaries and pensions are not linked, directly or indirectly, to child support collections and enforcement.
- Demand true and correct copies of the contract you signed knowingly, willingly and voluntarily and not under threat, duress, coercion and menace that allows them to come after you for child support. Contracts are civil in nature. The matter is civil in nature.
- Also, ask them to provide you with a true and correct copy of the document where they gave you or read you your rights to an attorney, the right to remain silent, etc. The reason for this is that this matter can be converted from civil to criminal almost instantaneously (just like IRS cases when IRS agents try to get you to admit to things in a civil matter and then transfer your admissions over to the criminal division of the IRS).