Questions and Arguments
For
Your Lawyer to Address
Ø Does
the state or local agency have jurisdiction if you file
the family protection objection under 42 U.S.C. 1301 (d)?
o
See Booklet #03-3 for 1301 (d) Family
Protection objection
Ø If
the custodial parent is not on public assistance, is there
a compelling state interest to assert themselves
in this COLA issue?
o
If you don’t owe the public authority any
money as a result of your child support case, and have not been a public burden
for any reason under Title IV, there is no compelling state interest.
o
If, without your child support, you’re child(ren) would not be in a
position to qualify for public assistance, there is no compelling state
interest.
o
COLA’s should only apply when the custodial
parent is on public assistance, as defined in Title IV.
o
COLAs are only meant to recover public money
provided to the custodial parent.
Ø Were
you aware of the IV-D welfare application prior to the assignment
of rights to the
o
By law, you must be properly notified and
allowed a fair hearing process to challenge the assignment of rights of your child(ren) over to the state.
o
Your due process has been violated if you
were not informed by the county that the application
had been submitted, and if you did not have an opportunity to object to the
applicant or verify the facts provided in the application, as they relate to
you and your child(ren).
o
If you can take care of the children without
public assistance, that is your option as a parent.
Ø Has
the state established the proper burden of proof that
there has been an increase in your wages or salary?
o
Establish and maintain your constitutional
right to privacy which protects the privacy of your tax records.
o
It is a violation of privacy to require tax
records when you have filed jointly with a new spouse – their information is
not pertinent to the case.
o
Show, with payroll documentation, that you
have not had an increase, or that you have had a decrease, when applicable.
Ø Has
the state established proper burden of proof that there
has been an increase in the cost of the living for the child(ren)?
o
Does the child(ren)’s cost of living expenses for the basic needs equate to the same increase imposed on you
for their cost-of-living increase?
o
Be prepared to refute the states “best
interests” argument – no best interest statute has any reference to finances.
Ø Are
the basic financial needs of the children being met?
o
Show the cost to raise child(ren) by using the foster care standard
§
The state has determined the true cost of raising
children, by defining specific amounts required to cover the basic needs of the
child(ren), through the
foster care program.
o
If you meet the current state foster care
standard, which in MN is $448 a month (with each parent equally responsible for
their half at $224 each), the basic needs of the
children are being met.
o
The state has no compelling interest beyond
the basic needs of the children – If the state can not prove that the child(ren) are being deprived of basic needs, there is no
compelling state interest.
o
Child support must be based on the true cost
of raising child(ren).
o
The state cannot dictate how much money a
parent chooses to spend on their children, above and beyond their basic needs.
Anything more is “lifestyle support” and is not child support.
Ø Are
you being erroneously labeled voluntarily unemployed or voluntarily
underemployed?
o
If so, it is a violation of constitutional
right to chose your way of self-sustenance for you and your child(ren).
o
Remember, the judge is voluntarily underemployed for not working for a prestigious high-paying
private law firm.
o
The current economy must be considered.
o
Your earnings history must be considered.
Find your SSI.
o
Unemployment rules require proof of
sufficient job search – you can’t be receiving unemployment compensation and be
voluntarily unemployed.
Ø Table
of Authorities
o
MN Statute 518.641
o
Federal Law 666 (10) (A)
Ø Are
my constitutional rights being violated?
o
Violation of Right of Privacy:
§
If a private agreement has been made, there
is no compelling state interest and there should be no delivery of government
services.
o
Violation of Procedural Due Process:
§
If they notified the employer of a mandatory
cost-of-living increase before you have been notified and/or before you have
been given a fair hearing and so adjudicated.
o
Violation of Substantive Due Process:
§
If you have not been offered an opportunity
to challenge the assignment of rights, and seek appropriate relief.
o
Violation of 1st Amendment and 9th
Amendment:
§
If you are a fit parent and have been prevented
from protected liberty interest of parenting the way you chose.
o
Violation of Equal Protection (5th
and 14th Amendment):
§
The law is there to make sure that your
rights as a non-custodial parent are as protected as the custodial parent.
§
Since the state can’t require a married
family to spend more on their children, they can’t require you to spend more.
o
Violation of Civil Rights
§
If your 1301 (d) objection is not honored
the public authority is in violation of federal law if they continue the
unwanted, unnecessary government intrusion in your family.
“Having
canceled the bond which stood against us with its legal demands; this He set
aside, nailing it to the cross.” Colossians 2:14
CPR Vision
Statement: An inter-denominational, faith-based,
bi-partisan, gender-neutral, tax-exempt public policy and educational
organization to protect the civil rights of both parents to protect the
children.
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ã
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Educational Booklet #AL03-03
The purpose of this information is to help ensure that you are asking your lawyer all the pertinent and relevant questions that must be addressed in your motion, affidavit, and memorandum of law, in order to help ensure a thorough argument based on all facets of the law. No argument with merit should be overlooked; and every document is critical to the record. Your case must be appropriately and adequately presented to the court, to protect and safeguard you for all possible appeal issues.
Prepared
By:
Center
For Parental Responsibility
CPR
Voicemail: 651/490-9277
Website:
cpr-mn.org
Email:
info@cpr-mn.org
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