ACTION 135 THIS NOVEMBER
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“I am in support of ACTION TEXAS 135 – NCP RIGHTS” with your name, address and date.
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http://www.capitol.state.tx.us/resources/FollowABill.aspx
The Residents Of Texas find the following action for law/s to be brought by our State Representatives to the House and Passed by both House and Senate and further more not to require a signature by the Governor for approval and or enacting. The Attorney General’s Office should be removed from any influence and has no authority to approve or disapprove these action included herein whereby there no funds to be acquired, justified, approved or levied .
These new laws are necessary for equal the representation and protection from fraud and criminal acts committed against Non-Custodial Parents/Guardians where monies, wages or real estate on any kind or from any source can be garnished and or licenses and or privileges can be withheld, garnished or suspended,
The Residents and Non-Custodial Parents Of Texas find that the Texas Attorney Generals Child Support Division receives funding and operates off of the people’s money in part or in whole makes the Child Support Division a State Agency or a division thereof and their Attorney’s are paid with our money (taxes) or collection of monies from the public by any means.
Whereas
We find this division of the Attorney General’s Office is currently allowed to dismiss or not take into account fraud preforms Administrative Garnishments of Wages for The Residents Of Texas with out prior representation.
Finding
That the result of this the afore said action type are criminal by The State Of Texas Criminal and Penal Codes and such ignorance results in unlawful and unjust monetary garnishment, the withholding of and licensing, monies or property from The Residents Of Texas (The Public) and or fraud the result in arrears of any kind, is a Crime that The State Of Texas Currently Allows by default because of the absence of adequate representation for the Non-Custodial Parent within the written Laws Of The State Of Texas.
Therefore
The Child Support Division of The Texas Attorney General’s Office shall be removed from Administrative Actions that with hold, garnish or penalize the Non-Custodial Parent.
Where
The Child Support Division A Division of a State Agency, The Attorney General’s Office is currently allowed to dismiss or not take into account fraud or deception causing this type of fraud to continue crimes and crime to go unpunished.
Where
Fraud, Perjury and making False Statements are existing criminal acts per The State Of Texas Criminal and Penal Codes.
Then
We The Residents Of Texas find is necessary to be represented by our State Representatives and Law and that Action be Taken This November 2010 or Sooner by Special Committee to PASS A BILL and put into immediate enforceable law with restitution for those harmed current previous and with following inclusions:
The Action of Withholding, Garnishment or interception of monies and or the suspension or with holding of privileges and or licenses shall not take place by without 30 day notice and the burden of proof by the person legally entitled by a Court Order to receive child support.
All afore said Actions shall require burden of proof with a separate court hearing unless heard at the time of a Court Proceeding involving both parents, Non-Custodial Parents and guardians.
If a crime is commited by the person to receive/receiving Child Support that causes another person to pay Child Support of any kind or be in Arrears for any amount then, proof and testimony from The Non-Custodial Parent in a Court of Law shall be allowed and considered directly related to Child Support and or Arrears and or Claims thereof and if reasonable proof that a crime has been committed go acquire child support or health insurance then the jurisdiction, including the local District Attorney’s Office There of shall taken action on the crime. Furthermore if a the jurisdiction where the crime/abuse is/was revealed or brought to the attention through any means with reasonable claim, then the jurisdiction receiving the information and the shall act on the crime/abuse per the new laws herein and the current local, state and governmental crimes.
If there is more than one entity or jurisdiction involved where State Government, Federal Government and or crimes/abuses involving other agencies then all shall be prosecuted within the same jurisdiction of venue and jurisdiction where child support orders originated.
If Arrears or Child Support is ordered under false pretenses, abuse, perjury or falsification of any kind then the person paying child support or in arrears shall be immediately compensated for over payments and the oblige shall have the right to and be awarded damages including expenses, attorney fees and three times the amount of overpayment for restitution.
The following shall take place within 30 days of evidence being submitted via certified mail to any government or state department overseeing child support.
If the entity overseeing child support or child support collection thereof, the non custodial parent of person paying child support shall have the right to show evidence in front of the jurisdiction there of Ex parte with or without legal representation.
In the case of dispute or suit filed against the Non-Custodial Parent both post and prior garnishment or with holding in any form the burden of proof and the Right Of Representation and Proof showing any illegal act causing the Non-Custodial Parent, person, entity, fund paying child support to be garnished, withheld, instated, reinstated, arrears of child support shall apply in a Court Of Law shall be admissible and punishable by State and Federal Law as applicable and or;
Any crime committed by the Custodial Parent or person to receive/ing Child Support that causes the Non-Custodial Parent to pay of have Child Support Garnished, licenses, and or privileges to be withheld/suspended. Then the person/entity committing the crime shall be punished by the form of punishment stated in the Texas Criminal/Penal Code as applicable and Damages paid to the person and or Non-Custodial Parent equal to three times that amount of the Garnishment and of Arrears, as well as, attorney fees and expenses.
Fraud
As it applies herein, the term Fraud is defined in the Local, State and Federal Codes in addition pertaining to but not limited to Perjury, Deception or the aiding of the crimes by any person or Governmental State Agency, Department, Department or Federal of State Agency and or Federal or State Entity funded by the public or monies collected from the public through any means.
The Residents and the Non Custodial Parents of The State Of Texas require the following Law/s Passed:
1) Where reasonable proof or documentation of fraud that caused monetary disbursement/s is brought, legal action against person who is/was monetarily garnished shall be suspended and the State shall hold proceedings to examine the fraud and determine penalties and actions to be taken against the person responsible or committing the fraud. Any action causing garnishment POST NOTICE of fraud shall be remedied by the courts and necessary findings/proceedings paid for by The State Of Texas interest gained by the wrongful garnishment and or holding of monies already collected from the oblige.
2) Any State Entity or Person/s representing said agency ignores allows fraud to continue or party thereof shall be dissolved of any indemnity and protection from legal action both private and Federal.
a) If garnishment or arrears credit reporting continues for more than 60 days afterNotice by Certified Mail to the Child Support Division of The Attorney General Office or Entity monies is continued Both the State Of Texas and the person/s responsible for the fraud are jointly and severely liable for damages and repayment of monies including IRS Refunds collected of withheld, attorneys fees, expenses incurred and damages from false credit reporting.
3) Where reasonable proof or documentation of fraud in a Child Support Case involving monies owed, arrears and or contempt of court and or monetary disbursement/s against a non custodial parent/guardian is brought, wage withholding, garnishment and legal action against person who is/was monetarily garnished shall be suspended and the State shall hold proceedings to examine the fraud and determine penalties and actions to be taken against the person responsible, committing the fraud and or evolved in the willful deception to collect child support, garnishments or monies thereof. An addition fine of equal to no less that 25% of the total of arrears wrongfully collected shall be paid to the State by the person responsible for the offense.
4) The Damages should be rendered from The State Agency and or Entity Responsible for The Collection and Garnishment of monies and the to The People and victims of these crimes both past and present and paid for by the person or entity responsible including enforcing the Local, State and Federal Criminal and Penal Codes to punish and discourage these crimes and the like.
5) All persons and entities effected by the actions stated herein shall be notified by the State and allowed damages to be to be presented to the courts where awards can be rendered the person/s harmed.
6) If a person paying Child Support Should become or is currently unemployed and receive Unemployment Insurance the amount of withholding shall automatically be adjusted to 20 percent of the net (after tax) income of the monthly withholding from:
a) Unemployment Insurance benefits without court order and Amend The Texas Family Code to make this Law as part and a standard within the Texas Family Codes.
b) If an oblige is wrongfully garnished the person causing wrongful garnishment or child support to be withheld through deception or false statements shall repay the Texas Unemployment Fund an amount equal to 25% of the total amount wrongfully garnished and or withheld or no less than 2,000.00 dollars and the garnished amount wrongfully withheld shall be refunded to the oblige or person wrongfully garnished within 60 days of notice to the Texas Attorney Generals Child Support Division.
7) The Non-Custodial Parent shall have the right to carry insurance for any and all child/ren under a court order for support and for the amount of the insurance to be deducted from the amount of child support payments and the Non-Custodial Parent shall at all times hold independent medical and medical care right’s for children the Non-Custodial Parent is order to pay child support for unless agreed by both parents/guardian’s of the child/ren.
8) Neither Parent or Guardian shall be allowed to transfer guardianship without due process in a State Court of Family Law.
9) If any person is shown to restrict communication or access between parent and child the Court shall issue orders to enforce communication OR fine and of jail the person restricting access. A second offence shall be considered harmful and dangerous to the child the offender shall attend mandatory family with both parents present and the child. Upon a third offence the non custodial parent shall have the right to plea for emergency custody Ex parte and temporary orders be custody be given to the non custodial.
10) Withholding, restricting and or denying communication between a child a parent is inherently harmful to the child/ren and shall be punishable by fine and imprisonment:
a) A first offence shall be punishable by a 500.00 dollar find and or 3 days of confinement.
b) A second offence shall be punishable by a 1,500.00 dollar find and or 30 days of confinement.
c) A third offence shall be punishable by a 3,500.00 dollar find and or 90 days of confinement and shall be punishable by current state statues thereby the offender shall be considered to be willfully withholding and interfering with possession and shall be punishable in adding to the 3,500.00 and or 90 days of confinement.
We The Residents Of Texas find these laws to be necessary where The State Of Texas has failed to take recognize these crimes and allow unjustgarnishments and withholding of monies from The Residents Of Texas.
We The Residents Of Texas required these Statutes and Laws to be present, enforceable and added to both the Penal and Criminal Codes, as well as The Family Code of the State Of Texas.
We The Residents Of Texas Find that the separation of the right to Veto this ACT/ACTION by the Governor Necessary to protect the Rights of the Residents and Non Custodial Parent of Texas.
We The Residents Of Texas Find it Necessary to remove the Administrative Right of the Child Support Division of the Texas Attorney General’s Office or any other State Entity where by Administrative Acts Withhold and Suspend The Non-Custodial Parents Right of Representation Against False Claims in an Open Court Of Law where wrongful actions harm both child and parent.
We The Residents Of Texas find these actions to be just and necessary for the health and warfare of our children this action is needed to punish crimes for which there is no apparent discouragement whereby these new laws are of economic and social benefit to The People of The State Of Texas by reducing administrative of the abuses that are present in the current child support system.
