FRCP 60(b) 1-6, Immunity does not exist to States that accept federal money, nor does immunity exist with violations of the Fourteenth Amendment, and ADA. Federal law requires each state to operate a child support enforcement program throughout the state by the requirements of Title IV-D of the Social Security Act of 1975.
Federal incentive payments to State courts: https://www.acf.hhs.gov/css/resource/fy-2018-preliminary-data-report Cumulative Collections child support 1976-2018=$616,120,865,835 (p.11). For every dollar, state courts spend on the child support program, the state courts collect between $1.00 dollar to $11.00 dollars (p.42 cost-effectiveness P-36). DO THE MATH (Trillions?)! Michigan’s total collections received FY 2018 = $1,380,738,611 (p.35). Michigan reported $24,919,164 in undistributed child support collected and received $25,800,000 in estimated incentive payments from the federal government. For every $1 spent on the child support program, Michigan collected $6.37 in return (p.42). The United States OCSE conducts an audit of each state’s program at least every three years (requested no response). Family Court is not about the best interest of the child (prey), it is about: (1)“More money flows through family courts, and into the hands of courthouse insiders, than in all other court systems in America combined-over $50 billion a year and growing” (Divorce Corp) and (2) the state’s treasury to maximize federal child support incentives under Title IV-D to pay for social programs/entitlements (TANF) via child support collected. In South Carolina, Walter Scott was shot dead for fleeing a child support warrant. The State made me a fugitive by the issuance of 4 bench warrants.
January 2019: California Family Law Judges Who Do Not Follow the Guideline Formula are in for Reversal: The conclusion was that “[b]y disregarding these facts in calculating child support, the trial court failed to comply with the statutes governing this highly regulated area of the law, and therefore abused its discretion.” https://divorcesd.com/california-family-law-judges-who-do-not-follow-the-guideline-formula-are-in-for-reversal
MICHIGAN OBTAINED FEDERAL INCENTIVE TITLE IV-D FUNDING FOR ITS CHILD SUPPORT ENFORCEMENT AGENCY UNDER FALSE CLAIMS OF COMPLIANCE WITH FEDERAL CIVIL RIGHTS LAWS. LAW OCSE: CHILD SUPPORT ENFORCEMENT SECTION 9103 OF PUBLIC LAW 99-509: Federal law requires each state to operate a child support enforcement program throughout the state by the requirements of Title IV-D of the Social Security Act, including the prohibition of retroactive modification of child support. To ensure that a state has an effective child support enforcement, the United States OSCE conducts an audit every three years (requested-no response). Judges would be required by the state to comply with the prohibition of retroactive modification requirements, federal law does not provide any exception:
March 13, 2009: Michigan Supreme Court Appeal #138219- Dismissed. Judge Yokich Order:
March/2009-Case Finished, Reported to Credit Report Bureaus: The State of Michigan’s “Office of Child Support” reported a negative child support balance owing of $25,485.00 to the credit report bureaus. The court docket record confirms a cash bond was posted for $46,577.74 on January 12, 2009. In March 2009, the appeal bond of $25,485.68 was released/forfeited for child support, including $12, 188.97 attorney award fees.
March 14, 2016: Department of Justice, Civil Rights Division, Office for Access to Justice “Dear Colleague” letter addresses: Courts must not use arrest warrants or license suspensions as a means of coercing the payment of court debt when individuals have not been afforded constitutionally adequate procedural protections. https://www.txmca.com/files/3414/6012/5401/Department_of_Justice_Letter.pdf HONEST SERVICES WIRE FRAUD/BREACH OF STATUTORY DUTY/NEGLIGENCE AND SYSTEMIC NEGLIGENCE/ATTEMPTED FALSE IMPRISONMENT?
RELIANCE UPON KNOWN FALSE FINANCIAL TESTIMONY:
July 20, 1998: Macomb County Circuit Court, Chief Judge Maceroni, Court Transcript:
January 25, 1999: Judge Maceroni Court Transcript:
Question: Is using the misnomer “Judge” to identify Predators who threaten, extort, intimidate, and perpetrate a string of other crimes to steal our birthrights, property and liberty and identify their illegal pronouncements as “Orders” is just as obscene as their Orwellian (brutal policy of draconian control/denial of truth) atrocities?
August 21, 2001, Oakland County Circuit Court, Attorney Malpractice Trial, Exhibit Z: (concealment/suppression of material evidence): Analysis by John Dery, CPA, CFE, CIRA, an accounting firm specializing in litigation and forensic accounting shows the adjusted gross receipts from Hannaford’s corporate federal tax returns. The business analysis and financial summary for the base years 1994–1997 showed a net profit of $2,023,999. (Book p. 34)
I had two trial witnesses, many trial exhibits, and much testimony on this subject, including my expert financial reconstructionist/certified public accountant, John Dery testified as to the actual amount of income Hannaford made during the time of 1994–1997, which was more than $2,000,000 for the four years, which was far more than the mere $17,500 per year in 1994 that he under-reported to the Macomb County Friend of the Court (Trial Exh. X), or the $42,000 he told the IRS for that same 1994 year (Trial Exh. Y) which was part of the reason I who became disabled (12/98) and was not working at all at the time, was ordered to pay a grossly inappropriate and egregious amount in child support ($275 week).
MICHIGAN’S APPLICATION OF THE CHILD SUPPORT FORMULA IS UNJUST/INAPPROPRIATE. CHILD SUPPORT LAWS ARE TO APPLY EQUALLY IN ORDER TO PASS EQUAL PROTECTION:
APRIL 15, 1992: My filing with the Friend of the Court, “Complaint about Child Support and Restitution” (against Hannaford): Macomb County Friend of the Court awarded Christine during a brief separation, $58 per week in child support. August 24, 2001: Judge Templin, Oakland County Circuit Court, Lawyer Malpractice Trial (Aiello):
June 2, 2004, to September 10, 2005: The Macomb County “Friend of the Court” paid Hannaford child support when my daughter did not live with him from my support credit account. During this period, I filed for child support enforcement/health care reimbursement= none (Book p.108). June 4, 2021: AG-DANA-NESSEL-2021 Rather, the role of the Attorney General is limited to criminal violations of the Felony Non-Support Statue.
Michigan and other states are obtaining federal funding for their child support enforcement agency/program under false claims of compliance with federal civil rights laws. “The Hardworking Taxpayers of America … are footing the bill for this injustice, fraud, and extortion: http://www.gndzerosrv.com/Web%20Pages/cummings.htm: It seems that once a state opts to accept federal funding for child support enforcement (as well as other federally funded programs) it automatically waives sovereign immunity and cannot discriminate in the use of these federal funds. The State child support enforcement agency (Division of Family Development and Probation Division) have failed to comply with their obligations under the federal Child Support Enforcement Acts, Title IV-D, 42 U.S.C. 651-669, and other related statutes. TANF: Welfare Reform has usurped our system of law and destroyed liberty and justice for all. NYS has received consistently over six years approx. $2.0 Billion/yr. from the Hardworking Taxpayers of America to use for state entitlement programs to include the NYS Earned Income Tax Credit. The administrative costs are over $1.4 Billion and system costs are over $35 Million. These monies flow in via child support collection incentive matching funds. Information is available via the DHHS – HHS Department, TANF Funding. So as you see, the more you collect into the system, the more federal funding a state receives. Do you really think no one would figure this out. No wonder there are no downward child support modifications – not even if a father loses his job (or is disabled). This is the crux of the problem in the NYS Family Court System. It says it all – it is all about the money to the states, not to the children. Ms. Frye, Chief, Office of Child Support in CA on 3/20/97 testified before the Subcommittee on Human Resources of the U.S. House Committee on Ways and Means for the Welfare Reform Bill. She states: “As we understand it, the proposal goes far beyond the Congressional intent to develop an incentive system that rewards good outcomes and in fact encourages states to recruit middle class families, never dependent on public assistance and never likely to be so, into their programs in order to maximize federal child support incentives”. She goes on to say, “And my colleagues across the country have already informed me how I can win at this system; recruit the middle class, bring those higher orders into your system and that way you will be able to benefit like some of the other states from the cap removal on the never-welfare population”. Just think, NYS’s emancipation age is 21 – additional three years of our monies. Where are these monies going? Supporting the judicial system – into New York States General Fund? There is hundreds of millions of dollars in un-obligated and undistributed funds reported to the DHHS.”
Senator Nancy Schafer stated, “Child support is a crime against humanity for financial gain, rights removed from parents as human rights, civil rights, and even religious rights.