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Legal Advice?

Nov 27th 2012 new

Dear Fellow Catholics,

I don't know exactly how I can request assistance from you through CM, so I will put the question out here.

I would like to correspond with somebody about suing the government of California for a small amount of money it took from me through Child Support Services. They extorted the money for health insurance for my children when my ex-wife stopped paying in the middle of a court case, a case in which the judge suspended child support payments. The total is a little over $2,000, and included a fee I had to pay to reverse a lien DCSS put on my property! They treated me like a criminal, and all I did was overpay my ex by $52,000 and leased her a brand new car and paid for the insurance between her second and third marriage.

I filed a motion and will be going to court in February, but I want to have my arguments ready and am proceeding on the basis that the agency, DCSS, did not provide due process of law by failing to notify me or my attorney that they would mandate health insurance through my employer, and thus force me to pay almost five times as much for coverage. Secondly, they violated the statute which says mandated insurance must be "reasonable" or no more than 5% of gross pay. I paid more like 10%.

Last, I am doing this partially for reimbursement, but also because I was shocked by the IRS like power in which this agency acted, and I did not realise that our government no longer subscribes to the principle of "limited government." To quote Jefferson: "Liberty is when the government fears the people; when the people fear the government, you have tyranny." Since the recent election and since this legal thing took place a year ago, I now do FEAR the government. Thus, I want to fight back for the little guys.

So:

1. Can you refer me to legal aid? I don't want to pay an attorney since that would cost more than a judgment.

2. Do you have suggestions about my strategy regarding due process?

3. Should I find some cases? If so, how?

4. I am willing to send a small donation to anyone who has professional expertise in this area, and we can negotiate a fee.

Thank you.

Tom

Nov 27th 2012 new

(Quote) Tom-919560 said: Dear Fellow Catholics, I don't know exactly how I can request assistance from you throug...
(Quote) Tom-919560 said:

Dear Fellow Catholics,

I don't know exactly how I can request assistance from you through CM, so I will put the question out here.

I would like to correspond with somebody about suing the government of California for a small amount of money it took from me through Child Support Services. They extorted the money for health insurance for my children when my ex-wife stopped paying in the middle of a court case, a case in which the judge suspended child support payments. The total is a little over $2,000, and included a fee I had to pay to reverse a lien DCSS put on my property! They treated me like a criminal, and all I did was overpay my ex by $52,000 and leased her a brand new car and paid for the insurance between her second and third marriage.

I filed a motion and will be going to court in February, but I want to have my arguments ready and am proceeding on the basis that the agency, DCSS, did not provide due process of law by failing to notify me or my attorney that they would mandate health insurance through my employer, and thus force me to pay almost five times as much for coverage. Secondly, they violated the statute which says mandated insurance must be "reasonable" or no more than 5% of gross pay. I paid more like 10%.

Last, I am doing this partially for reimbursement, but also because I was shocked by the IRS like power in which this agency acted, and I did not realise that our government no longer subscribes to the principle of "limited government." To quote Jefferson: "Liberty is when the government fears the people; when the people fear the government, you have tyranny." Since the recent election and since this legal thing took place a year ago, I now do FEAR the government. Thus, I want to fight back for the little guys.

So:

1. Can you refer me to legal aid? I don't want to pay an attorney since that would cost more than a judgment.

2. Do you have suggestions about my strategy regarding due process?

3. Should I find some cases? If so, how?

4. I am willing to send a small donation to anyone who has professional expertise in this area, and we can negotiate a fee.

Thank you.

Tom

--hide--
Lawyers are expensive. If you want one there are pro-bono lawyers (lawyers whose services are free). Make some research on Lawyers organizations. Use Google - type pro-bono-lawyers in California specializing on child support. Also visit a law librarary and read on their journals some decided cases that are similar to your situation. If you found one, take note of the Case No. and in what court, then study how the points were being presented.

Nov 27th 2012 new

(Quote) Tom-919560 said: Dear Fellow Catholics, I don't know exactly how I can request assistance from you throug...
(Quote) Tom-919560 said:

Dear Fellow Catholics,

I don't know exactly how I can request assistance from you through CM, so I will put the question out here.

I would like to correspond with somebody about suing the government of California for a small amount of money it took from me through Child Support Services. They extorted the money for health insurance for my children when my ex-wife stopped paying in the middle of a court case, a case in which the judge suspended child support payments. The total is a little over $2,000, and included a fee I had to pay to reverse a lien DCSS put on my property! They treated me like a criminal, and all I did was overpay my ex by $52,000 and leased her a brand new car and paid for the insurance between her second and third marriage.

I filed a motion and will be going to court in February, but I want to have my arguments ready and am proceeding on the basis that the agency, DCSS, did not provide due process of law by failing to notify me or my attorney that they would mandate health insurance through my employer, and thus force me to pay almost five times as much for coverage. Secondly, they violated the statute which says mandated insurance must be "reasonable" or no more than 5% of gross pay. I paid more like 10%.

Last, I am doing this partially for reimbursement, but also because I was shocked by the IRS like power in which this agency acted, and I did not realise that our government no longer subscribes to the principle of "limited government." To quote Jefferson: "Liberty is when the government fears the people; when the people fear the government, you have tyranny." Since the recent election and since this legal thing took place a year ago, I now do FEAR the government. Thus, I want to fight back for the little guys.

So:

1. Can you refer me to legal aid? I don't want to pay an attorney since that would cost more than a judgment.

2. Do you have suggestions about my strategy regarding due process?

3. Should I find some cases? If so, how?

4. I am willing to send a small donation to anyone who has professional expertise in this area, and we can negotiate a fee.

Thank you.

Tom

--hide--


Let go of it. It's a sure loser. if you do prevail, it will cost you multiples of what the state took in order to win.. NEVER sue on principle. Take your lumps and move on. Don't nurse a resentment. Forget the State of California for she has forgotten you.



Nov 27th 2012 new

I concur with Dave. Let it go and move on. You will feel much better!

Nov 27th 2012 new

(Quote) Tom-919560 said: Dear Fellow Catholics, I don't know exactly how I can request assistance from you throug...
(Quote) Tom-919560 said:

Dear Fellow Catholics,

I don't know exactly how I can request assistance from you through CM, so I will put the question out here.

I would like to correspond with somebody about suing the government of California for a small amount of money it took from me through Child Support Services. They extorted the money for health insurance for my children when my ex-wife stopped paying in the middle of a court case, a case in which the judge suspended child support payments. The total is a little over $2,000, and included a fee I had to pay to reverse a lien DCSS put on my property! They treated me like a criminal, and all I did was overpay my ex by $52,000 and leased her a brand new car and paid for the insurance between her second and third marriage.

I filed a motion and will be going to court in February, but I want to have my arguments ready and am proceeding on the basis that the agency, DCSS, did not provide due process of law by failing to notify me or my attorney that they would mandate health insurance through my employer, and thus force me to pay almost five times as much for coverage. Secondly, they violated the statute which says mandated insurance must be "reasonable" or no more than 5% of gross pay. I paid more like 10%.

Last, I am doing this partially for reimbursement, but also because I was shocked by the IRS like power in which this agency acted, and I did not realise that our government no longer subscribes to the principle of "limited government." To quote Jefferson: "Liberty is when the government fears the people; when the people fear the government, you have tyranny." Since the recent election and since this legal thing took place a year ago, I now do FEAR the government. Thus, I want to fight back for the little guys.

So:

1. Can you refer me to legal aid? I don't want to pay an attorney since that would cost more than a judgment.

2. Do you have suggestions about my strategy regarding due process?

3. Should I find some cases? If so, how?

4. I am willing to send a small donation to anyone who has professional expertise in this area, and we can negotiate a fee.

Thank you.

Tom

--hide--

good luck Tom,, Praying

Nov 27th 2012 new

(Quote) David-364112 said: Let go of it. It's a sure loser. if you do prevail, it will cost you multiples o...
(Quote) David-364112 said:


Let go of it. It's a sure loser. if you do prevail, it will cost you multiples of what the state took in order to win.. NEVER sue on principle. Take your lumps and move on. Don't nurse a resentment. Forget the State of California for she has forgotten you.



--hide--
David, thanks for your thoughts. Would you let go of it if YOU were planning to do it without hiring an attorney? I don't quite see the costs except for the filing fee. Would you care to comment further? Thank you!

Nov 27th 2012 new

(Quote) Tom-919560 said: David, thanks for your thoughts. Would you let go of it if YOU were planning to do it without hirin...
(Quote) Tom-919560 said:

David, thanks for your thoughts. Would you let go of it if YOU were planning to do it without hiring an attorney? I don't quite see the costs except for the filing fee. Would you care to comment further? Thank you!

--hide--


David's a lawyer.. wink

Nov 27th 2012 new

boggled I'll comment further, and I am smack dab in the middle of a prolonged legal war with my ex. And, no, it's not your typical gig so don't assume I did anything. :)

Anyway, as far as I know, the law in TN, or at least our Parenting Plan says that my ex must provde insurance for my daughter. That being said, it , in no way stipulates, how. He could have taken out a private policy and that would have been passed legal muster.

As far as I know, the only way he could ever choose to reimburse me and have me provide the insurance would be if we had a legal agreement to that effect. If there is NOT a legal document in place stipulating reimbursement, I COULD (if I were not very nice), DROP the insurance, then claim he did not provide insurance, thus thrusting him into being in contempt of court, and causing the state to take money from him.


If the state did do so in that case, it would NOT be the state's fault. I seriously doubt you could pin anything on the ex, either. That's why, if there was to be reimbursement, it needed to be in a legal agreement, thus making it law. Otherwise, you left yourself open to what happened.


I am not an attorney, but good grief I have breathed this stuff daily for 13 months (my ex actually DID just drop my daughter's insurance - found out it expired today in fact) .... but I feel pretty confident in saying that I really don't think you can sue the state over this, and I highly doubt you can sue her over it.


This sounds like one of those things where, in principle, it would be nice, but, in court, you won't get much of anywhere, and probably come out even more frustrated. You could put that time to better use. Sorry - I know it stinks. sorry

Nov 27th 2012 new

Ok, he's a lawyer and I appreciate his advice. He is probably right, but how can a judge tell me that the state agency can violate a statute which says:

"Health insurance coverage shall be rebuttably presumed to be reasonable in cost if the cost to the responsible parent providing medical support does not exceed 5 percent of his or her gross income."

Is "rebuttably" one of those Clinton "if" words?

I am asking David to chime in on this question also.
Nov 27th 2012 new

(Quote) Tom-919560 said: Ok, he's a lawyer and I appreciate his advice. He is probably right, but how can a judge tell m...
(Quote) Tom-919560 said:

Ok, he's a lawyer and I appreciate his advice. He is probably right, but how can a judge tell me that the state agency can violate a statute which says:

"Health insurance coverage shall be rebuttably presumed to be reasonable in cost if the cost to the responsible parent providing medical support does not exceed 5 percent of his or her gross income."

Is "rebuttably" one of those Clinton "if" words?

I am asking David to chime in on this question also.

--hide--


family law is largely a matter of equity. statutes are loosely interpreted. the standard for appeal is abuse of discretion which is almost impossible to prove. So you did some research and found a statute which appears to support your position. that's no bullseye. there are many controlling rules or statutes; the item you posted may not even apply or some other rule or statute overrides it in this instance.


i hate to be blunt, but you case is a loser regardless of whether you do it yourself or hire Robert Shapiro to represent you, it will be a waste of time. forget it. move on. bring a pro se lawsuit and the court will chew you up and spit you out. you'll go looking for wool and come back shorn. you'll seek vindication and end up in a worse situation. you can get blind-sided and forced into handing over even more money. swallow hard and just drop it.



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