The Center for Children's Justice - Pennsylvania Chapter


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NCPs Demand "No Taxation by Misrepresentation"

January 28, 2003

Jim Untershine 

John Snow is expected to be appointed by President Bush to fill the Secretary of Treasury Cabinet post. Allegations of a misdemeanor traffic violation and a frivolous family law proceeding may be the only thing standing in Snow's way. \1 More than 12 million noncustodial parents (NCP) across the nation are on the edge of their seat in anticipation of the events that may follow.

"No taxation by misrepresentation" may be the credo of this new family law tea party. Provoked by this new age of accountability, John Snow may immediately take action to stop the extermination of taxpayers paying child support and identify the various forms of fraud used against them. Snow is an NCP and father of 2 children involving the state of Maryland. This family law insight may motivate his attempt to snatch heterosexual taxpayers, who dare to raise children, from the jaws of family law genocide. \2

John Snow may have the clarity to identify the ways and means by which implements of our own creation are being used as a weapon of mass destruction us. John Snow may identify the fraudulent reporting of the financial demands forced on NCPs to the US House Ways and Means Committee and invoke a form of legal dogma by demanding that our legislators "Make it accurate, or make it law". John Snow may demand that states enforce federal laws that protect taxpayers who pay child support from unscrupulous employers, thereby insuring the president's new welfare reform package is a "saving grace" rather than a "coup de grāce".

Every NCP, who is Secretary of the Treasury Department, controls the following agencies * The Internal Revenue Service \3 provides American taxpayers with top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all. * The U.S. Secret Service \4 protects our nation's leaders, visiting world leaders, national special security events, and the integrity of the nation's currency and financial systems. * The Financial Crimes Enforcement Network (FinCEN) \5 supports law enforcement investigative efforts and fosters interagency and global cooperation against domestic and international financial crimes; and to provide U.S. policy makers with strategic analyses of domestic and worldwide money laundering developments, trends and patterns.

Every NCP, who pays child support, is a victim of consumer fraud, \6 Every CP who receives child support is guilty of tax evasion. NCPs must pay income tax on the money they earn to pay child support. The children have no legal right to the money paid for their support. The money that is paid to the CP for child support, which is not used to support the children, becomes tax-free income to the CP.

Every NCP, who pays child support, pays the same taxes as any other taxpayer. These taxes are used to pay for families on welfare (TANF) and the operating costs of Child Support Enforcement (CSE). NCPs are not only required to pay the TANF benefit amount to keep the family off of the welfare roles, they are forced to pay more. The amount of child support that exceeds the TANF benefits paid to a family on welfare should be recognized as a new version of alimony. Alimony is income received by the CP and must be tax deductible by the NCP. The following alimony data is the result of subtracting the AllLaw.com interstate child support guidelines from the interstate TANF benefits ($4,400/mo NCP net income). \7 \8

* The average alimony across states is $240/mo for 1 child, $421/mo for 2, and $529/mo for 3. * Georgia leads the nation demanding $776/mo alimony regarding 1 child. * California leads the nation demanding $947/mo alimony regarding 2 children. * California leads the nation demanding $1,212/mo alimony regarding 3 children.

Every NCP, who doesn't pay child support, doesn't pay taxes. The taxpayers must foot the bill for supporting this NCP's family. The financial demands that are imposed on a NCP depend on that state's child support guideline. The data provided above might lead one to believe that Georgia and California are leading the nation in eliminating taxpayers by driving NCPs into financial insolvency. Many taxpayers may agree that a state's child support guideline should equal the TANF benefits to give the NCP every chance to continue to pay taxes as well as keep their family off of the welfare roles. Believe it or not, that is exactly what our lawmakers are being told by the Institute for Family and Social Responsibility (FASR). \9 The following alimony data is the result of subtracting the FASR interstate child support guidelines from the interstate TANF benefits (regarding 2 children). \7 \10

* The average alimony across states is $-42/mo (negative alimony reflects child support demanded is less than TANF benefits) * Indiana leads the nation demanding $323/mo alimony (FASR is based out of the University of Indiana at Bloomington). * California ranks 25th in the nation demanding $-43/mo alimony * Alaska is last in the nation demanding $-555/mo alimony

Every NCP, who doesn't pay child support, is unemployed. Garnishing NCP unemployment benefits will not keep the CP off of the welfare roles. Some states may be guilty of eliminating taxpayers by denying the NCP federal protection regarding employer discrimination due to the existence of child support garnishments \11 that is padded with this new version of alimony. NCPs can have as much as 65% of their gross income garnished by an employer regarding child support obligations. \12 An NCP who suffers a 65% pay cut may not maintain the same level of productivity. The employer may "see the writing on the wall" regarding this unfortunate employee, who was thrown to the family law wolves, and expedite this NCP's termination. Upon termination of employment, the NCP's income now becomes imputed with regard to child support obligations, and the arrearage plus interest continues to grow which exiles this NCP to self-employment. NCPs take great comfort in the fact that the Internal Revenue Service (IRS) does not do the same.

Jim Untershine _________________________________________________________________

Citations:

\1 "White House standing by Snow nomination for Treasury job despite revelations of DUI arrest, child-support dispute", Martin Crutsinger, AP Economics Writer, 01-22-03, >>>>

\2 USC 18 1091 - "Genocide"

(a) Basic Offense. - Whoever, whether in time of peace or in time of war, in a circumstance described in subsection (d) and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such -

(1) kills members of that group;

(2) causes serious bodily injury to members of that group;

(3) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

(4) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;

(5) imposes measures intended to prevent births within the group; or

(6) transfers by force children of the group to another group; or attempts to do so, shall be punished as provided in subsection (b).

\3 >>>>

\4 >>>>

\5 >>>>

\6 USC 15 1666 b3 - "Correction of billing errors", "Billing error" (3) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction.

\7 TANF benefits across all states was extracted from Table 7-9 of the US House of Representatives, Committee on Ways and Means, 2000 Greenbook, Section 7, entitled "Maximum Combined TANF And Food Stamp Benefit For Families Of One To Six Persons, January 1, 2000", >>>> Food stamp calculations assume that the family does not receive an excess shelter deduction. In very low benefit States, combined benefits shown reflect the maximum food stamp allotment for the family size, but in some States the excess shelter deduction would increase food stamps (by up to $83 monthlymore in Alaska and Hawaii). Calculations assume a single-parent family with no earned income and use normal rounding rules. Table prepared by the Congressional Research Service.

\8 Interstate child support guideline data was obtained from AllLaw.com and assumes 0% custody, $4,400/mo NCP net income (Vermont and New Hampshire are not included in the analysis since you must pay to find out how much you would owe in these states), http://alllaw.com/calculators/Childsupport/

\9 The Institute for Family and Social Responsibility, Maurine Pirog-Good, based at the University of Indiana at Bloomington, and is paid by the federal government to operate as the clearinghouse for child support enforcement statistics, http://www.spea.indiana.edu/fasr/

\10 Interstate child support guideline data was obtained from Table 8-2 of the US House of Representatives, Committee on Ways and Means 2000 Greenbook, Section 8, entitled "Amount Of Child Support Awarded By State Guidelines In Various Cases", >>>> Pirog, Klotz, and Buyers (1997) have examined the differences in child support guidelines across States. Their approach was to define five hypothetical cases of custodial mothers and noncustodial fathers that capture a range of differences in income, expenses, and other factors that influence the amount of child support payments computed under the guidelines adopted by the various States. State 1997 guidelines were then applied to each of the five cases to compute the amount of child support that would be due. In each of the five cases, the mother and father are divorced. The father lives alone while the mother lives with the couples' two children, ages 7 and 13. The father pays union dues of $30 per month and health insurance for the children of $25 per month. The mother incurs monthly employment-related child care expenses of $150. The income of the father and mother that is entitled "Case D" specifies a father = $4,400/mo and a mother = $1,760/mo.

\11 USC 42 666 b6Di - "Requirement Of Statutorily Prescribed Procedures To Improve Effectiveness Of Child Support Enforcement", "Withholding from income of amounts payable as support"

(D) Provision must be made for the imposition of a fine against any employer who -(i) discharges from employment, refuses to employ, or takes disciplinary action against any noncustodial parent subject to income withholding required by this subsection because of the existence of such withholding and the obligations or additional obligations which it imposes upon the employer.

\12 USC 15 1673 b2B - "Restriction on garnishment" (B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual's disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek. 

Jim Untershine holds a BSEE from Mississippi State University and has 13 years experience in feedback control system design. Mr. Untershine is currently using the Heisenberg Uncertainty Principle and the teachings of Henry David Thoreau (civil disobedience) to expose Family Law in California as the exploitation of children for money and the indentured servitude of heterosexual taxpayers who dare to raise children in this country. Visit his website here. http://www.geocities.com/gndzerosrv/

 

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This web site is strictly for your information about what is happening in our state; Pennsylvania.  Information and opinions on this website are NOT "legal" advice but ARE friendly advice from people who have been through the local domestic relations office and are very familiar with the crimes against humanity that office is getting away with strictly for PROFIT at the expense of fathers and their children.  Feel free to copy and repost any information on this site unless said information is credited to a web site other than Pennsylvania Family Court Reform (this website).  In this case, you must ask permission from the author, and since it's been our experience that most of the people that support our cause are good people, they most likely won't have a problem with it.  It's time to reclaim our state and our rights as Americans that are being trampled and ignored by a select portion of our state government, who's sole interest is PROFIT from federal grants for "child support" collection, at our expense... our JUDICIAL branch.