There is currently a Federal Class Action lawsuit already filed, awaiting a hearing for a Federal Injunction. Retaliatory action is being taken by the DCSE against this person.
It has come to several peoples attention (including multiple Commonwealth Attorney's) that illegal activities performed by state employees of the Division of Child Support Enforcement (DCSE) have resulted in wrongful convictions, incarcerations, and extortion out of victims 2nd families and friends. These co-ordinated efforts involving multiple agencies could be interpreted as RICO violations in a Federal Court.
The Attorney General, Bob McDonnell, has taken the position that the Lawyers who are hired by, paid for, and supposed to represent the State in state matters, are too busy to follow procedural law as currently stated in Virginias Statutes. They claim that to require their 35 State Lawyers to actually view, verify, sign, and submit legal pleadings and motions to show cause would place an 'undue burden' on the ability of the state to collect unpaid child support. (Each lawyer would have to actually confirm a crime has been committed, and review almost 7 motions per day before dragging a parent into court to face a jail sentence or 'purge' requirement)
Over 7,000 parents were incarcerated just last year in Virginia. While it is unknown how many of those incarcerations were due to actual willful non-payment, or actual inability to pay, does not excuse the fact that incarceration under the threat of owing a debt is still Debtors Prison. This is NEVER in the best interest of the child.
This error on part of the DCSE, has been noted by the Virginia State Bar. It is a practice that has gone unchecked and unnoticed by Virginias practicing Attorneys and Judges over the past decade. The State Bar, after conferring with the Attorney General, finds this to be such a minor technicality that it does not warrant investigation. Civil Rights and Due Process are protected under the US Constitution. Many of these rights have been blatantly ignored and violated in order to secure funding to the state from the Federal Government.
The DCSE has become a crutch by which the state seeks to fund itself.
The DCSE was created under Title IV to assist welfare moms get off of public assistance by forcing the dads to financially assist the moms with food, shelter and clothing for their children. Today, it is the dads, also referred to as Non Custodial Parents (although women are NCPs as well), who are going on welfare
There is a huge myth of the Deadbeat Daddy going around. It has spread like a poisonous virus. The reality is that only 16% of DCSE cases are welfare moms who need assistance in obtaining help from non custodial parents.
84% of the Custodial Parents (CPs) using the DCSE are doing so solely to obtain Orders from a Judge to funnel $$ through the state's bank accounts, to extort sometimes as much as 65% of the other parents GROSS income.
One parent should not be forced into state-manufactured debt, incarcerated, have their credit destroyed, lose their home, lose all their personal property, lose their ability to drive to work to earn an income, and forced to pay 'interest' on top of it all, just to attempt to support their kids.
The media seems to have bought into this myth of all these sob-stories about women who want equal rights, but only if somebody else has to pay.
Since Federal FOIA letters are ignored when requesting 'who' the NCP's are so they can be named in the Federal Class Action, alternate routes of securing this information is necessary. Write to the General Assembly of Virginia and demand an investigation into how the DCSE comes up with their claims of millions of debt owed to Virginias children claim. If EVERY Child support order were reviewed, Im sure you will discover that the $$ amount that is Court Ordered for Support, does NOT equal the $$ amounts this Agency is claiming is due in order to secure their Federal monies.
Some District Managers of the DCSE have reported they do not even know how to prepare a budget. The DCSE has stated to the General Assembly in the past their computer systems are so outdated, even THEY dont know how to use themso who has verified their databases accuracy? Is it even capable of complex financial calculations of multiple interest rates?
The DCSEs own manual even states that unless someone happens to notice it, the system defaults to charging interest on interest which is also illegal. Yet, DCSE will send their Counsel into court, demanding that a NCP pay or go to jail even if they cannot discern where the numbers came from. NCP's have NO RIGHT to Appeal unless they can come up with 'whatever' dollar amount the DCSE tells the Judge to demand.
Va UPL 194 & 204 (unauthorized practice of law) specifically state these activities by NON ATTORNEY personnel are ILLEGAL. It is a Class One Misdemeanor. Why has the VA State Bar decided "NOT" to re-open it's investigation after already reprimanding DCSE on this activity??
Power is the great evil with which we are contending.
We have divided power between three branches of government and erected checks and balances to prevent abuse of power.
However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.
stephens city, Virginia