The Ugly Truth: Why States and Courts Don’t Want Shared Parenting

This is a repost of the following Facebook Memo I posted on 8/28/12:

 

Memo To Followers:

Federal Title IVD Payments and Bonuses to States For the Collection and Administration of Child Support Payments.

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Recently, I’ve been getting some queries about why I’ve been hammering so much on the issue of child support payments. And, I suspect, we’ve lost a follower or two because I’ve sort of ratcheted up the rhetoric on this topic a bit lately.

In fact, a couple of weeks a ago, we were having a discussion on this page in which I was asserting that States can receive anywhere from $1 to $2 in Federal subsidy payments for every dollar they collect and administer in child support payments.  And it was during one of this discussion that one of our followers asked the simple question, “Do you have any documentation on this?”.

Well, at the time, the only information I had available was budget information from the Office of Child Support Enforcement from 2009. So I contacted Michael McKormick at the American Coalition for Fathers and Children and he confirmed that my information was also the most recent published data he had as well (He also noted that Obama administration has been highly resistant to publishing any current budget data on this matter….).

In any case, enter my new best friend, Rita Fuerst Adams from Fathers and Families (Fathersandfamilies.org).

Because Rita was able to track down for me the actual act that describes exactly how these payments and bonuses are calculated.

I’ve Attached The Link For You Below. But Here Is The Short Story Version:

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*The program is administered by the Office of Child Support Enforcement within the Administration of Children and Families; which is governed by the Department of Health and Human Services.

* The Act governing the program is known as the `Child Support Performance and Incentive Act of 1998′.

* There are bonus and penalty measures that determine the funding.

* Incentive Payments to States –

(1) IN GENERAL- The incentive payment for a State for a fiscal year is equal to the incentive payment pool for the fiscal year, multiplied by the State incentive payment share for the fiscal year.

(2) INCENTIVE PAYMENT POOL-

(A) IN GENERAL- In paragraph (1), the term `incentive payment pool’ means–

(i) $422,000,000 for fiscal year 2000;

(ii) $429,000,000 for fiscal year 2001;

(iii) $450,000,000 for fiscal year 2002;

(iv) $461,000,000 for fiscal year 2003;

(v) $454,000,000 for fiscal year 2004;

(vi) $446,000,000 for fiscal year 2005;

(vii) $458,000,000 for fiscal year 2006;

(viii) $471,000,000 for fiscal year 2007;

(ix) $483,000,000 for fiscal year 2008; and

(x) for any succeeding fiscal year, the amount of the incentive payment pool for the fiscal year that precedes such succeeding fiscal year, multiplied by the percentage (if any) by which the CPI for such preceding fiscal year exceeds the CPI for the second preceding fiscal year.

(B) CPI- For purposes of subparagraph (A), the CPI for a fiscal year is the average of the Consumer Price Index for the 12-month period ending on September 30 of the fiscal year. As used in the preceding sentence, the term `Consumer Price Index’ means the last Consumer Price Index for all-urban consumers published by the Department of Labor.

*** So essentially, the pool value increases every year at growth rate equal to the consumer price index. Which for 2012, would put the incentive pool at a little over 530,000,000****

(3) STATE INCENTIVE PAYMENT SHARE- In paragraph (1), the term `State incentive payment share’ means, with respect to a fiscal year–

(A) the incentive base amount for the State for the fiscal year; divided by

(B) the sum of the incentive base amounts for all of the States for the fiscal year.

Now, here’s where it gets important, because this is where the base value figures are established:

(4) INCENTIVE BASE AMOUNT- In paragraph (3), the term incentive base amount’ means, with respect to a State and a fiscal year, the sum of the applicable percentages (determined in accordance with paragraph (6)) multiplied by the corresponding maximum incentive base amounts for the State for the fiscal year, with respect to each of the following measures of State performance for the fiscal year:

(5) MAXIMUM INCENTIVE BASE AMOUNT-

(A) IN GENERAL- For purposes of paragraph (4), the maximum incentive base amount for a State for a fiscal year is–

(i) with respect to the performance measures described in subparagraphs (A), (B), and (C) of paragraph (4), the State collections base for the fiscal year; and

(ii) with respect to the performance measures described in subparagraphs (D) and (E) of paragraph (4), 75 percent of the State collections base for the fiscal year.

Skipping some stuff here…

(C) STATE COLLECTIONS BASE- For purposes of subparagraph (A), the State collections base for a fiscal year is equal to the sum of–

(i) 2 times the sum of–

(I) the total amount of support collected during the fiscal year under the State plan approved under this part in cases in which the support obligation involved is required to be assigned to the State pursuant to part A or E of this title or title XIX; and

(II) the total amount of support collected during the fiscal year under the State plan approved under this part in cases in which the support obligation involved was so assigned but, at the time of collection, is not required to be so assigned; and

(ii) the total amount of support collected during the fiscal year under the State plan approved under this part in all other cases.

(A) The paternity establishment performance level.

(B) The support order performance level.

(C) The current payment performance level.

(D) The arrearage payment performance level.

(E) The cost-effectiveness performance level.

**So, you can see two important things here.

First, the reimbursements, payments, and bonuses are NOT determined by a reimbursement of State expenses incurred. In fact, the minimization of State Collection Costs is a bonus item.

Secondly, and this is really important, the figures used are the child support funds that States have under administration.

*** See the link for the actual tables for calculating bonuses, etc****

And here is something I found interesting. Check this out:

(c) TREATMENT OF INTERSTATE COLLECTIONS- In computing incentive payments under this section, support which is collected by a State at the request of another State shall be treated as having been collected in full by both States, and any amounts expended by a State in carrying out a special project assisted under section 455(e) shall be excluded.

***i.e. If two States are working together to collect funds, they both get credit for the purposes of establishing bonuses – this is pure gravy.

Note a couple of things here.

First, the bonus values are doubled for the categories of paternity test performance and cost performance.

So why would the Feds care about State costs? Because this is the bonus and incentive program, and States already receive a 66% dollar for dollar reimbursement for administrative costs (and I’m not sure, I’ll have to check, but i think there is a way they can finagle the remaining 34% to get even dollar for dollar match) under a different section of the Social Security Act. 

So, there you have it.

States can get up to 100% reimbursement for administrative costs plus up to two times the bonus pool share for two categories along with the rest of it.

Now add to this, the fact that Courts often charge fees for posting these certified payments, and may assess additional fees and fines for enforcement, and you’ve got a very lucrative incentive for States and Courts to maximize child support payments.

In Other Words, It Should Be No Surprise That:

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(1) Child Support payments are maximized, regardless of whether the NCP can afford them. States and Courts don’t care; the debt can’t go way or be retroactively reduced.

(2) Equal and Shared parenting is disincented – this will reduce revenue to the States and Courts.

(3) More and more States are requiring mandatory garnishments and payment administration. People who are already paying on time will improve their performance ratings for bonus calculations.

(4) States like TX make it difficult for non-paternal parents relieve themselves of child support burdens.

And lastly,

(5) Why States and Courts are not persuaded by reasonable and humane arguments for shared parenting reforms.

The system has been corrupted by money and the Feds are driving this corruption.

It’s time to fire politicians.

~ Michael

Source: http://www.acf.hhs.gov/programs/cse/pol/related/3130.htm

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Loving With Lettters – Glenn

Corrupt Family Courts.
Bradenton Herald Published my Story, Praise GOD
10 years 4500 pages 735 docket entries.
Case 2002DR3254 12 Circuit Court of Manatee County, Florida.
My reward for 10 years of effort NO CONTACT.
This is a death sentence for Parents in Family Court.
PLEASE, PLEASE post a comment for the record on the newspaper link.
I will never give up on my daughter and your comments will help her understand that Daddy never gave up on her.

Father’s Day tough on dads without visitation rights

As we all look forward to this Father’s Day, the best gift any woman could give to a father is the acknowledgment of the irreplaceable value men and fathers bring to a relationship, to children and what they afford the greater society. What an abject tragedy, what a horrific loss it is for any child to endure a life apart from their father.
The last 30-plus years have unfortunately not been kind to fathers and more importantly their children. It is today an unfortunate fact that of the approximate 70 million fathers in the U.S., 35 million are divorced. Of those 35 million fathers, as a result of a corrupt anti-family court system, approximately 84.4 percent have been relegated to the status of non-custodial parent.
Family courts are wrong;
I have not seen my child in over two years.
It is not fathers “abandoning” their children, it’s feminism, mothers and a biased family court system conspiring for financial gain and legal leverage to secure court orders denying fathers their rights to their children and children their rights to their father.
If you want fathers to act more like fathers, get government out of the way, stop policies that encourage extended court litigation, bogus restraining orders and willful violations of visitations by the custodial parent with no consequences by the courts.
As Always….FOLLOW THE MONEY
Glen Gibellina
Bradenton

Read more here: http://www.bradenton.com/2012/06/11/4069957/fathers-day-tough-on-dads-without.html#storylink=cpy

Love and Iron Update 5/6/12

The Graceful Influence Progression has been added to the menu.

This series is designed to give you helpful insights into human nature so that you and your children can accomplish more with less effort.

Regards,

Michael

Task List Of Current Projects

Please stay tuned as we release details for these and other publicity projects we’ve got in the pipeline 🙂

I.       Project: Cooperative Outreach 

II.     Graceful Influence

III.   Family law Refrom

IV.    Community Project: Jiggles McBouncy!

V.      Community Project: Mission and Position Statement

VI.    Loving With Letters Campaign

V.      The Greate Facebook Wall Crawl

VII.   Media Outreach

VIII. Digital Journal

Loving With Letters – Matthew

I want to call attention to Matthew Landry’s post in recent post’s by other’s (see Dakota’s Page).

Matthew is Dakota’s daddy and my son. He and Dakota are the reason I became involved in the Parental Equal Rights cause.

Matthew is a very young father (19). He has been so hurt by the alienation of his baby as well as totally lost in how to even begin to deal with the legality of this complex issue.

He has been determined to fight for his child from the beginning and I am so proud to watch that determination as he painfully struggles to make some sense of it all.

We need to give more credit to our young men these days.

We as a society are so very quick to put them in the dead beat, irresponsible dad category.

However, our laws are setting them up for failure and pushing them to run and abandon out of fear and shame.

Matthew is one of the fortunate ones, he has a loving supportive family to encourage him to continue on and help him up when he falls.

There are countless others like Matt who don’t have that. They are counting on us for love, support and guidance in the minefield of family court.

May we all stand together in support of them and their children. After all, we are in truth one family, with God as our father!

Love To All,

Cathy Landry

*****

Hello my name is Matthew Jonathan Landry, and my son’s name is Dakota James.

This page is for him and every other father that is standing up for the rights to see their child.

First off, I want to give a special thanks to everyone that likes and supports this page (Dakota’s Page)  and all the other fathers that just wanna be with their child.

Next, I would like to take some time to talk to my little man because i haven’t had a chance:

“Hey little man I’m your daddy and I havent been able to see you yet, but I want you to know that even though you haven’t had the chance to be with me, I love you so very much and you’re the most important thing in my life and im going to do whatever it may take to be with you.

See one day me and mommy met and I thought it was the greatest thing that had ever happened to me.n I loved her and couldn’t wait to start a family with her.

So we started and we got you, and even though I loved your mother very much and wanted to be with her the rest of my life, it didn’t happen.

We had rough patches in our relationship, we let things fall us apart, and I hurt so much from it.

But I’m so happy that I made that choice because if I hadn’t, we
wouldn’t have had YOU,the greatest thing that has ever happened to me.

Even though I thought your mother was the greatest thing; it wasnt. It was you baby boy. I’m so so so very happy that we had you

I love you so very much Dakota.

I will never be able to give up. I’m going to stand up for you, Dakota. I’m standing here fighting with ever thing I have to be with you and be apart of your life.

Because the way I feel is I need you and you need me. We need each other to bein each others’ lives.

I love you Dakota James. You just have to be patient. I will be with you!

Love your Daddy – See you soon!”

Now I would like to take some time to say some things.

I have hurt so much through this situation.

It hurts me so much to know that I’m not with him and I ask myself things like, “Have I done something wrong?”

And the answer is NO.

I haven’t done anything to deserve it, and YES, I can be there for my son and take care of him.

Fathers keep fighting! You deserve to be a part of your child’s life .

STAND UP!!!!

Keep standing and saying, “I won’t let it break me and give up hope on being apart of your childs’ life.

Maybe it’s not for you but I will not, won’t, nor ever be able to
give up.

Don’t lose hope.  It’s there and always has been.

So, we stand together!!!!

We fight!!!!

And together, we will prevail!!!!

Matthew

Tennessee

Important Memo To Love and Iron Project Followers: 5/3/12

So we’ve analyzed the numbers, and it’s time to advance the Project.

After a month of promoting the Love and Iron concept and testing different strategies, we’ve decided to tighten-up our positioning, step on the gas, and really get things movin’.

Here’s What This Means For You:

We started this project with a mission of cooperative outreach championing for the empowerment, success, and happiness of parents and children.

Family Law Reform is one of our primary projects, and one that we intend to work hard to resolve as quickly as possible.  Because the sooner we end the abuses and exploitation of non-custodial parents along with the child-abusive behaviors of parental alienation, the better for everyone.

And to this end, we see our role as one of creating publicity, influencing public perception, assisting reform organizations, helping non-custodial parents in coming together, and if need be, finding an organization, cause, or individual who can best help them work through a Family Law system that is, for lack of a better term; remarkably disgusting.  

The “Jiggles McBouncy Scholarhip Initiative” is a longer-term and permanent project. 

We rolled it out right away, but truthfully, we didn’t expect it to generate much if any activity until our following gets substantially larger.

Never the less, we felt it was important to familiarize folks with the program right at the beginning so newcomers would have a clear understanding about the entirety of our presence and what we’re about.

And Lastly….

We’ve decided to develop the final phase of our macro strategy; which we’ve labeled The Graceful Influence Project.

Some of you have probably noticed we’ve been experimenting with various messaging strategies that involve motivational thoughts around the theme of cooperation, influence, and achievement. 

And actually, the statistical analysis of The Love and Iron Facebook Page validates that our most viral, most powerful messages are born out of strategies for personal leadership and accomplishment.

So…

You’ll see several things going forward:

  • A slight re-positioning of our presence away from intense activism toward messaging that has the potential to reach and attract a broader audience.  In other words, when folks land on our page, they’ll see about 85% to 90% educational messaging; and 10% to 15% or so activism.  This will help us expand our base while preserving both the integrity and urgency of the core project of Family Law Reform.
  • We’re so delighted at the response we’ve gotten from our cooperative outreach, and now we’re going to focus more on helping each of you expand your influence and your following.
  • And lastly, we’ll be rolling out a blog series under the Graceful Influence label that will be focusing on showing you and your kids ways to develop and employ successful influence strategy for the purposes of personal and professional accomplishment.   

So basically, and in a nutshell:

  1. We’re going to reach past our existing community of already engaged activists to those who could really use some help, but don’t know where to find it.
  2. We’re going to be supplying extra resources to promote, publicize, and support organizations committed to empowering families and children.
  3. We know we’re NOT going to influence the values of those who have a lot to lose from Family Law reform, or, from those who simply don’t care about it.  So we’re adjusting our efforts to better engage a productive conversation with those folks who might not yet be comfortable with the intensity of our what you’re going through, but who are willing to stand-up for what’s reasonable and right. 
  4. And lastly, you’ll be seeing more programs and sub-projects designed to advance both the near-term and permanent objectives of the Project.

We’re here to assist you; individuals and organizations alike.

We belive children and parents need champions.

And we’re thankful you’re willing to let us help you.

Warmest Regards,

Michael

What Does It Actually Mean To Be A Champion For Parents And Children?

Well, here’s what we think it means:

  • It means standing up for what’s right by speaking with deeds; not lip service.
  • It means leading by example.
  • It means being a role model for your kids and those around you.
  • It means standing up for those who are too weak or too afraid to stand-up for themselves.

The Truth Is…

Most of your friends, colleagues, and maybe even your family probably won’t help you out with Family Law reform.

Because let’s be fair.

Some have their own problems to worry about, and our cause simply isn’t relevant to them so it’s not on their radar as important.

Others, (probably more than you think) are against equal parenting because they have a lot to lose if reforms are effected.

So they’re not going to help you, even if they won’t admit this and be honest with you about it.

And some folks may empathize with you and really want reforms; but they’re too afraid to take public stand for fear of antagonizing an Ex and finding themselves underneath the punishing heel of the Family Court.

Seriously, there are a lot of nice people who are simply too scared to come forward.

But, Check This Out…

Did you know that statistically, 8.15% of your Facebook friends WILL be happy to help – and that all you need to do is ask them to do it?

If we’re going to get the changes we want, the very first thing to do is gather us all together so we can speak with one voice – loud and clear.

And thankfully, this way easier to do than our opposition wants you to think it is – Seriously, don’t listen to them, because this is not hard.

Because We’re Not Asking You To Make A Career Out Of This Cause.

We’re just asking you to show your kids and everyone else what it means to have the integrity to stand up for others and do what’s right; regardless of your personal circumstances.

We’re asking you to make a powerful point by speaking with what you do; not with what you say you’ll do.

Are you with us?

I hope so 🙂

Warmest Regards,

Michael

P.S. If you want a way you can help right now, and do so in 5 minutes or less, then PLEASE CLICK HERE!.

Loving With Letters – Sandy

Hi, I am a mother not a father, but I support the cause in a major way.

Growing up my mother did not allow me to have a relationship with my father. He tried and tried to no avail.

She told so many lies, had men in and out of our home wanting them to be daddy and did everything in her power to cause my father pain.

I do social and court advocacy work and the things I see in the courts are sinful.

I have not spoken to my mother in years and will not.

Sincerely,

Sandy Scott

Tennessee