Lary Holland: Official Blog, Links, and Resources (Entries tagged as articles)

Rebuilding Life in the Fast Lane: Starts with doing SOMETHING!

laryholland@sbcglobal.net (Lary Holland) — Tue, 13 Jul 2010 13:03:59 +0000

I posted a few exchanges yesterday online because it seemed like the general mood of society took at three point dip temporarily. Might have been the star alignments, the oil spill, or some other proximate cause but I offered up this advice:

"I think that we should all live our dreams and only we can make those dreams happen! So many times we find ourselves waiting for something to happen instead of being the force to make it happen. It might not be easy, it might not be quick, but I tell you we can all make it happen if we really want to."

I guess my problem with so many people is that they withdraw, let depression hit becoming unproductive, or just isolate in general to one single issue to the destruction of everything else around them. Take a step back and start with your own community and find a local community calendar and then get out and start to do things. Reconnect with friends. Reconnect with family. You would be surprised how many people you can really help just by being out in the public sharing ways to make things better. Advocacy efforts can really only be successful if your advocacy focuses on truly building better communities. Better communities, better education, better interaction. It's like a speech I gave years ago at the Flint City Council Meeting... "individuals come together to make families, families come together to make neighborhoods and communities, and neighborhoods come together for their government." If any of those links are weak everything that comes after them will be flawed or weak too.

Let's build healthy communities to solve the problems that are plaguing society. It will be more fun.

Child Support Enforcement Agencies Need More Transparency and Accountability

laryholland@sbcglobal.net (Lary Holland) — Thu, 11 Feb 2010 04:35:45 +0000

Entrusting government officials to do the right thing nowadays, just doesn't seem very logical. As government growth continues to advance, citizen oversight seems to diminish in many key areas. Indystar.Com reported online that forgery charges were filed against ex-state worker (Indystar.Com; Forgery Charges Filed Against Ex-State Worker; Feb 10, 2010; Orig.) involving more theft of child support refunds.

Marion County prosecutors have filed forgery charges against a former state worker in connection with stolen child-support refunds.

James Lewis Parker, 47, was charged Monday with two counts of forgery as a Class C felony. Each charge carries a potential penalty of two to eight years in prison.

The various child support enforcement agencies need more transparency and accountability to ensure proper handling of significant portions of our nation's economy. As child support debt, orders, and associations expand exponentially, the crimes associated with these agencies increases as well.

Over the past several years we have noticed a climate ripe for embezzlement, identity theft, invasion of privacy, and more. Just this past year the Federal government removed some protections to the taxpayer to stop the continuous growth of these agencies. The reversal of the tax payer protection policy that was originally implemented under the Budget Deficit Reduction Act of 2005, paves the way for more disastrous consequences for taxpayers.

Just in June 2008, Delaware Child Support Program Employees were caught stealing from taxpayers and the children. Just over a year ago, we demonstrated how Theft was Running Rampid in State Child Support Programs. The widespread lack of accountability in these programs continues, without sufficiently limiting access to private data and ensuring digital fingerprints are placed on all data in the various systems nationwide, there will continue to be fraud on the taxpayers and the participants of Child Support Enforcement programs.

The Child Support Enforcement program continues to be plagued over the past several years of documented fraud, identity theft, embezzlement, bribery schemes, and more. Just take a
look at the snapshot below, and know that this is hardly a comprehensive look at the problems that exist throughout the nation with this "free for all welfare program."

Fort Bend Woman Guilty in Child Support Fraud Ring ~ "Fort Bend County jury has found 42-year-old Debra Hodge guilty of engaging in
organized criminal activity for her part in bilking over $40,000 in fraudulent child support from the Texas Attorney General's Office."

Child Support Worker Arrested in Bribery Scheme ~ "ORLANDO, Fla. -- A former employee of the Department of Revenue's Child Support Enforcement program was arrested Thursday on bribery charges." (Local6.Com "Child Support Worker
Arrested In Bribery Scheme" March 8, 2007)

Title IV-D Employee Embezzles Quarter of Million in Child Support Enforcement Money ~ "A Natomas woman stands accused of bilking the state Department of Child Support Services of more than $250,000, turning her procurement job into a means of buying a Lexus, hot tub and
big-screen television, among other things."

The Weekly Standard Indicts CSE Title IV-D Welfare Program ~ "There is mounting evidence that the system now encourages marital breakup and exacerbates fatherlessness by creating a winner-take-all game, where the losing parent--commonly a father wanting to save the marriage--is unfairly penalized by the loss of his children and by a federally enforced child support obligation."

Federal Child Support Enforcement Program Makes Little "Cents" to the Taxpayer ~ "So the man, named Michael Eugene Lamb, is going into prison at the age of 49, sitting there on a federal conviction, and coming out sometime when he is almost 51 years old. The federal system will charge the taxpayers for his 1.5 year confinement at a cost between $30,000.00 to $50,000.00 depending on the facility and not including any health issues of the confined."

Child Support Clerk Charged With Embezzlement: More Government Corruption ~ "Another County employee, this one in Lauderdale County, has been indicted by a grand jury on felony embezzlement charges for allegedly stealing more than $216,000.00 of program money, paid for by taxpayers, by writing unauthorized checks to herself from January 2002 through April of 2007. This employee was released on a $10,000.00 bond, which no doubt was probably a drop in the bucket considering she has already
been sitting on the $216,000.00 plus her lush salary.

Two Main Media Outlets Reprot More Thieving Title IV-D/CSE Employees ~ "Two separate reports have come out about a Maine Child Support Enforcement Worker (Title IV-D Employee) that has been stealing money orders from children the agency touts to protect. This most recent employee, who is now on administrative leave pending investigation, was reported as intercepting money orders and depositing them in her personal bank account."

Mounting Accountability Problems With Child Support Programs: Data Stolen ~ "Yuba County scrambled this week to contact 70,000 people whose names and personal information were on a laptop computer stolen from the new Child Support Services office in Linda. County officials said the stolen laptop contained Social Security numbers, birth dates, driver’s license numbers and other private information on 70,000 people+."

Identity
Theft: Opt Out of Family Court Services Before it Happens to YOU! ~ "...customers in at least three states have already experienced serious breaches in their personal information, including social security numbers being compromised and potentially handed over to hackers that might want to steal identities in the last few months
alone."

Implementing more data safeguards, limiting the size and scope of the the Federal and State Child Support Enforcement programs, tightening controls on confidential records, and more needs to be done to protect the taxpayer. We need to reign in the program and make sure it serves the purpose of real needy families rather than as a data harvesting tool for the federal and state governments on nearly every divorcing couple in the United States.

Lary Holland is Host and Producer of the popular online talk show, "Get Your Justice Live" with current content from Legislators, Decision-Makers, Professionals, and parents on government accountability, necessary judicial reforms, and more. Get Your Justice Live broadcasts live every Wednesday and Sunday Night at 8PM EST. Visit the website for more information.

Article Updates from Around the Internet: Divorce, Taxes, and Collaborative Law

laryholland@sbcglobal.net (Lary Holland) — Tue, 22 Dec 2009 06:52:05 +0000

News from a few different sources today, Associated Content, Divorce Without Dishonor, and Get Your Justice Live all have some unique flavors of articles that affect your rights. Feel free to share the articles below with your favorite legal professionals and community leaders.

Parental Alienation, Children of Divorce, and Taxes - Published at Associated Content

What is Parental Alienation? - 12/19/2009

Children of Divorce: Helping to Maintain Their Holiday Cheer. - 12/20/2009

Fairtax: How the Government Steals Christmas! - 12/20/2009

Divorce Without Dishonor: Collaborative Law, Understanding the Judge, and Holiday Custody Exchanges

Getting The Other Side on Board: Collaborative Strategy - November 29, 2009

Here Comes the Judge: A little insight for your child custody and divorce case - 12/05/2009

Some Holiday Transition Considerations for those in Moderate Child Custody and Child Access Turmoil - 12/16/2009

A Family's Heartbreak, Court Watching, Michigan Representative Brian Calley

Michigan Representative Brian Calley: It is now legal to babysit in Michigan... Again. - 12/09/2009

Court Watching An Effective Form of Judicial Reform? - 12/17/2009

A Family's Heartbreak: A Parent's Introduction to Parental Alienation: Author Mike Jeffries on Get Your Justice Live - 12/17/2009

Freedom of Information, Open Records, and Government Transparency

laryholland@sbcglobal.net (Lary Holland) — Wed, 18 Nov 2009 15:31:26 +0000

I think that it was Thomas Jefferson that stated "All tyranny needs to gain a foothold is for people of good conscience to remain silent" and there is another side to that equation, that all tyranny needs to gain a foothold is for people of good conscience on the outside to not have the right information from the inside so they can speak up. In essence I believe that all aspects of government should be an open process, to the point that I have even taken to teaching others about the various formalities of records requests, sharing websites that open the doors of legislatures, and more. Myself and a few others have even joked about not acknowledging that we are citizens until we have had our first open records request granted, no matter how small it is. Why? Because an open records request is a chance to MAKE YOUR GOVERNMENT EMPLOYEES do something directly for you. In a time when government is all about telling you what to do and when, so you remain to busy to see what is really going on... it is nice to know that we still have the power to require them to do something for us out of their day for the very pay that your local, state, federal, and property taxes contribute.

Here are some references that you should share with others:

Freedom of Information Help, includes open meetings, open records, and government transparency references: http://foiahelp.blogspot.com

State Surge, state by state legislation tracking. Monitor bills that are moving through your state legislative bodies. http://www.statesurge.com/legislation

State Surge, state by state legislator tracking. Monitor what each legislator is doing across the nation. http://www.statesurge.com/legislators

Halt.Org, Judicial Accountability group that monitors, reports, and discloses various issues to the public. http://www.halt.org

Follow the Money, group that is tracking the flow of money on various bills, initiatives, and government acts. http://www.followthemoney.org/

Government shouldn't run on autopilot.

When government thinks nobody is looking, that is when they move to restrict, encumber, and otherwise change the various rights and liberties that we are guaranteed. So be sure that you take some time out of your busy weeks to check in on your officials. Make a telephone call to your local representatives, your federal legislators, your governors, and your other "decision-makers." My getting in the loop you can help micromanage them, rather than waiting for them to micromanage YOU.

Pennsylvania Families and Childrens Equality Kicks off 1st Annual "FreedomBikeTrek4Families"

laryholland@sbcglobal.net (Lary Holland) — Fri, 10 Jul 2009 13:06:06 +0000

This event will be a part of a major event linking riders from 2 states in support of Federal and State Equal Parenting Rights.

Fairless Hills PA. July 5th, 2009: Pennsylvania Families and Childrens Equality are holding its first annual road bike trek to promote State House Bill 463 -- the Presumption of Joint Physical Custody in the State of Pennsylvania.

Bill Koellner of Levittown, Pa and Bill Gibbons of Fairless Hills, Pa will ride their bikes 310 miles from Independence Hall / Peoples Park thru Harrisburg down to DC in only 4 days.

Both riders will meet up with a group from Lansing Michigan on Thursday July 16^th on its last 80 mile trek down to DC – in conjunction with the annual “ParentStock” Festival held on the Lincoln Monument.

Monday Morning July 13^th at Peoples Park / Independence Hall – Phila. Pa. from 9-11am.

Speakers from PA FACE will discuss topics that relate to this underpublicized issue – Non Custodial Parents who want equal time with their children. House Bill 463 will bring both parents closer to their children.

The ride’s goal is for media attention for the bill on the floor, as well as to show that non-custodial parents (mostly fathers) want to be in their children’s lives – but the courts and laws separate them by broken / outdated legislation and Title 4D of the Social Security Act.

To get more information, please contact Bill Gibbons at the above cell phone or email address.

Both riders will be available for interviews and photo opportunities.

Website information for the trek: www.freedombiketrek4families.com

Website for organization that is sponsoring the trek: www.paface.org

Low cost divorce tips, legal self-help, and child custody resources added to Get Your Justice Live

laryholland@sbcglobal.net (Lary Holland) — Tue, 07 Jul 2009 06:37:21 +0000

Low-cost divorce tips, legal self-help, and child custody resources have been added on a trial basis on the Get Your Justice Live book-store feature. Most of these are in the form of E-Books that are immediately available and accessible through various third-party authors and sites. I have included a disclaimer regarding the adversarial process and we certainly promote viable alternatives, but understand that there will always be those that need to prepare for the adversarial process when dealing with out-of-control ex-intimate partners. Below is a sample of the resources that are available from http://www.getyourjusticelive.com/book-store.

E-BOOKS FOR IMMEDIATE DOWNLOAD!

We do not encourage adversarial divorce by any means, but if you must engage in litigation and the complete divorce process it is important to be well-informed about the process, how it will affect your children, and what it can mean to you financially, whether male or female. Let us know if you find any of the electronic offerings helpful or if you have a resource that you think will assist other parents and we will include it here for others to order.

Men’s Divorce Tactics – Learn how to win your divorce without losing your shorts or your kids. “Most divorce lawyers do not care one iota about you.” The resource also states that “You’ll learn divorce basics, insider tips, and much much more.”

Divorce Secrets – Divorce Secrets, what every woman should know. This resource comes from DivorceDefense.Com, and has a significant focus on the financial aspects of divorce. Helpful information whether male or female as the strategies affect all litigants.

Divorce Strategies and Tactics (1 for Men / 1 for Women) – “Get the divorce settlement you want without spending a fortune.” There are two separate versions that you select at the time of purchase.

How to Win Child Custody -“The definitive strategy guide to winning custody by the Custody Coach.” With reviews from Dean Tong, Dr.Jayne Major, Attorney Kelley Rickert, Dr. Linda Nielsen, Dr. Amy Baker, and others. There are bonus offers through our link to the resource.

Co-Parenting Nightmare – Are you co-parenting with someone who is mentally ill or a substance abuser? Is their crazy behavior driving YOU insane? Let’s face it, when you are going through high-conflict situations, you might need this resource.

Family Law Secrets for Men – Why are Mothers winning custody in Family Court? Why are Fathers “allowed” to see their kids every other weekend and required to pay child support? The “Fathers Rights” movement is failing, and Men are losing custody every day. [Although we do not see this as a gender issue, this resource might assist you in making a determination for yourself.]

Chicken Soup for the Soul – Guide to Effective Parenting – From
The Desk of Parenting Expert, Shelly Lefkoe:If you knew that innocent mistakes could affect your children negatively for the rest of their lives…Would you change your behavior? If you could discover exactly what would help them to turn out just the way you want…Would you listen?

How Do I Tell The Kids About the Divorce (A Create-A-Storybook Guide) -When it comes to divorce or separation,there’s never a “best” time to tell your children. But there is a “best” way!

Custody Keeper (Child Custody and Divorce Calendar) – TomaWeb’s Custody Keeper® is a simple yet very useful custody scheduling software to help plan the time sharing of children between 2 or more guardians. Custody Keeper also lets you keep a daily diary of comments as well as track all of the expenses incured. The easy calendar interface is simple to use and will help you plan and manage the time sharing of the children so that it is clear for everyone involved. With Custody Keeper you can create a multiple year child access schedule in a matter of just a few minutes. [There is a 10-day free trial offer.]

Although we encourage parents to promote alternative dispute resolutions, mediation, and viable alternatives we recognize that there will still be parents that cannot settle their differences. As a result of the course that some parents take we provide child custody calendars, divorce tips, child custody tips, and various other resources to ensure parents are aware of the divorce and civil process.

We are also in the process of expanding resources to protect all of your legal rights and liberties and education/understanding is the starting point.

Stop Fighting Over the Kids: Receives Prestigious Award! (Good Parenting Seal)

laryholland@sbcglobal.net (Lary Holland) — Tue, 07 Jul 2009 05:43:53 +0000

Over the past several weeks we have seen quite a bit of buzz going around about the recently released book STOP Fighting Over the Kids: Resolving Day-to-Day Custody Conflict in Divorce Situations. (Click to Order)

For starters the hit book Stop Fighting Over the Kids has received the Good Parenting Seal of Approval on June 29, 2009. Evaluated by parents, the seal is awarded to books and media that address parenting issues that are clear, helpful and actionable. The Seal exists to resolve the issues of parents with limited time and money to sort through the thousands of books, millions of websites and other media when researching advice on raising children. Parental Wisdom has been award the Good Parenting certification mark by the U.S. Patent Office. For more information visit www.parentalwisdom.com. The complete press release is available through Associated Content here.

Just a few days ago we learned also that STOP Fighting Over the Kids: Resolving Day-to-Day Custody Conflict in Divorce Situations is now available in limited digitial format through Amazon's exclusive Kindle network. What this means is that the digital text/print version of the book is now available for instant delivery through any Kindle device and iPhone with appropriate software installed. The complete press release regarding this newest development is available online.

For those of you that are not aware, this july is the third annual National Child-Centered Divorce Month, celebrated by parents, the mental health community, and legal professionals, with a series of complimentary teleseminars open to all. Mike Mastracci, the legal mind and author behind STOP Fighting Over the Kids: Resolving Day-to-Day Custody Conflict in Divorce Situations will be presenting a free tele-seminar on July 14, 2009. More information about this event and Mike Mastracci's involvement is available online at Associated Content.

For more information about the book Stop Fighting Over the Kids, you can visit the official website at http://www.stopfightingoverthekids.com. You can order a copy right from the website and share it with your local library and legal professionals.

West Michigan Tea Party: A True Celebration of Independence Day

laryholland@sbcglobal.net (Lary Holland) — Mon, 06 Jul 2009 16:38:17 +0000

The West Michigan Tea Party on July 4, 2009 was a true celebration of what Independence Day is supposed to be about. People throughout the West Michigan corridor came to Riverside Park between 1pm and 3pm to state that we as Citizens have been Taxed Enough Already (TEA). Family Rights, Parental Rights, Tax Reformers, and other outspoken advocates from all walks of life came together and networked and listened to live entertainment, speakers, and each other.

One speech that I really enjoyed was Kristine C. from ICaucus.Org that spoke on the issues of Grassroots effectiveness and the fact that government has not been listening to our voices lately. A copy of this speech will be available in the coming days. For now, I leave you with a live version of God Bless America and come back for more information about this and other events that will help Americans stave off government intrusion in a variety of areas.

Parental Rights Amendment: Congressman Pete Hoekstra Video & Update

laryholland@sbcglobal.net (Lary Holland) — Fri, 26 Jun 2009 03:25:40 +0000

Congressman Pete Hoekstra's Office released a video update regarding the Parental Rights Amendment that was introduced into Congress earlier this year. The proposed amendment now has over 100 Congressional Supporters! There are both House and Senate versions of the proposed Constitutional Amendment. The House version is referred to as House Joint Resolution 42 and the Senate version is referred to as Senate Joint Resolution 16. Grassroots activists should be contacting both Representatives and Senators requesting their support on the respective proposed amendments.

You can spread the video update from our partner site at http://www.getyourjusticelivevideo.com/play.php?vid=172

There has been significant updates coming from Parental Rights (.Org) as well, which has been updated at the Children Need Both Parents site available at http://childrenneedbothparents.net/?p=90 under the article “Child Rights” Forces Mobilize.

Please pass this information along to other grassroots groups and family rights organizations and encourage them to make phone calls to both Representative and Senators.

For more information:
Parental Rights . Org
Parents Rights . Us
Get Your Justice Live Interview

Americans for Prosperity, Jack Hoogendyk & Scott Hagerstrom Join Get Your Justice Live

laryholland@sbcglobal.net (Lary Holland) — Thu, 18 Jun 2009 12:53:47 +0000

Americans for Prosperity, Jack Hoogendyk & Scott Hagerstrom Join Get Your Justice Live

Americans for Prosperity Michigan Chapter Advisory Board Member Jack Hoogendyk and AFP-Michigan State Director Scott Hagerstrom joined the Get Your Justice Live program Wednesday June 17, 2009 and they brought a multitude of fresh issues to the national audience. Americans for Prosperity (AFP) and Americans for Prosperity Foundation (AFP Foundation) are committed to educating citizens about economic policy
and mobilizing those citizens as advocates in the public policy process.

To listen to the 1 hour interview, check out Get Your Justice Live Radio and the episode over here.

Just some of the discussions included right to work legislation, parental rights issues, establishing a limited government, enforcing government transparency (see-through spending), cap and trade policies, center right meetings, and the notion of taxation by citation/government funding. The consensus seems to be that moving citizens into stronger and better informed advocacy positions will certainly advance a more predictable and transparent government, and our Americans for Prosperity guests certainly enumerated that vision.

Coping as an Alienated Parent

laryholland@sbcglobal.net (Lary Holland) — Tue, 16 Jun 2009 15:09:34 +0000

In April 2009, we interviewed on Get Your Justice Live, author Mike Jeffries on the issue of Parental Alienation and his new book titled A Family's Heartbreak. (Amazon).

Mike Jeffries appears again on WomensDivorce.Com with a new article, Coping as an alienated parent. In the article he speaks of moving on:

Move on emotionally. Don't concentrate on the relationship you once had with the alienated child. Get past the anger. Don't beat yourself up. Focus on the positive. Understand how you got here. Get some exercise. Do volunteer work. Write in a journal. And when all else fails, recite the serenity prayer:

God grant me the serenity to accept the things I cannot change,
courage to change the things I can not accept
and the wisdom to know the difference.

Good advice from someone that has been through parental alienation and documented the entire process on both sides of spectrum through a parents' perception and a clinical perception. If you haven't had a chance to catch up with the full article, visit WomansDivorce.Com here. It is important to understand the dynamics associated with children of divorce when there is ongoing conflict between parents. The adversarial process harms children in our family courts.

There are two resources that every divorcing parent should be required to read. The first resource of course is A Familys Heartbreak (Mike Jeffries and Dr. Joel Davies) and then the second resource is Stop Fighting Over the Kids (Attorney Mike Mastracci). These two books show you the aftermath of poor decision-making that feuding parents can make before, during, and after a divorce or child custody dispute.

My thanks to WomensDivorce.Com and to the professionals that are aware that reforms are necessary to protect children and parents from the harms of the adversarial family court process.

More resources on Parental Alienation:

A Familys Heartbreak Site:http://www.afamilysheartbreak.com

Parental Alienation Hurts:http://www.parentalalienationhurts.com

Dr. Amy Baker: http://www.amyjlbaker.com

Happy 100th Father's Day in America!

laryholland@sbcglobal.net (Lary Holland) — Sat, 06 Jun 2009 13:38:43 +0000

Happy 100th Fathers Day in America. Tell a father that you appreciate them being present in the lives of their children. Dr. Jeffrey Johnson Joins Get Your Justice Live, “100th Anniversary Year of Father’s Day”

Dr. Jeffrey Johnson, representing the National Partnership for Community Leadership, joined us live on Get Your Justice Live to discuss the 100th Anniversary Year of Father’s Day, the National Fatherhood Conference for Responsible Fathers, and the National Fathers Day Rally on the Lincoln Memorial. Take a listen at the shortened 31 minute version so that you can get all the information about Dr. Jeffrey Johnson’s perspective on fatherhood, absenteeism, the events, and government policy affecting our families and children.

You can listen through the player below, of visit the entire piece at Get Your Justice Live.

N.Y. Family Court Denied Jurisdiction to Hear Same-Sex Support Issue

laryholland@sbcglobal.net (Lary Holland) — Tue, 02 Jun 2009 11:49:20 +0000

The New York Law Journal reported on May 29, 2009 that the N.Y. Family Court Denied Jurisdiction to Hear Same-Sex Support Issue. The case at hand was actually an International case of sorts, where a same-sex couple was alleged that in "August 1989, the parties lived in New York, entered into a monogamous relationship, and started cohabitating." The biological mother, named H.M. in the court documents, filed a support application in Canada, it was referred as an interstate to New York, to be handled at the Rockford Family Court level.

The history of the case can be found here within the filed court opinion:

http://www.nycourts.gov/reporter/3dseries/2009/2009_04240.htm

Some interesting points not properly raised in the suit upon Motion to Dismiss, is that there was no contract between the same-sex partners to be enforced at all for a non-biological parent to pay any form of money on behalf of a child that is not "hers." In fact, to satisfy the statue of frauds, since the controversy in a support action would exceed $500.00, it would make perfect sense that a contract would be required before the state is able to adjudicate, not just a mere allegation that lady b encouraged lady a to have a child by artificial insemination. Following the latter logic a doctor encouraging a lady to artificially inseminate would be on the hook for child support despite the sperm not being his just based on his "strongly encouraging the mother to be artificially inseminated."

We need to promote responsible behavior, and if two homosexuals want to encumber their own liberty interests, there should be a contract at the very least that proves beyond a reasonable doubt that they intended for such abridgment to occur. Similarly, the petitioner just wanted the court to believe her version of the facts without producing any real evidence, so if the court claimed that it had jurisdiction, the obvious facts were never raised to withstand a motion to dismiss.

Here is an interesting excerpt from the opinion in H.M. v. E.T.

The Supreme Court, a court of general jurisdiction in law and equity (see NY Const, art VI, § 7), is competent to entertain all applications unless the court's subject matter jurisdiction to entertain a particular application has been specifically proscribed (see Sohn v Calderon, 78 NY2d 755, 766; Thrasher v United States Liab. Ins. Co., 19 NY2d at 166). In contrast, the Family Court is a court of limited subject matter jurisdiction (see NY Const, art VI, § 13; Family Ct Act § 115). Unable to exercise powers beyond those granted to it by the precise language of the Constitution or a statute (see Matter of Johna M.S. v Russell E.S., 10 NY3d 364, 366; Matter of Walker v Walker, 86 NY2d 624, 629; Matter of Pearson v Pearson, 69 NY2d 919, 921; Matter of Silver v Silver, 36 NY2d 324, 326), the Family Court is only competent to entertain such applications as the Constitution or a statute specifically enumerates (see Matter of Roy v Roy, 109 AD2d 150, 151;Matter of Mouscardy v Mouscardy, 63 AD2d 973, 974-975).

There was considerable controversy, even between the majority and dissenting opinions of the court that appear to be paving the way for the state to get involved in more and more cases despite no contract, despite no common-law basis, and despite jurisdiction being limited by statutory language. We need to watch these courts closely as common-sense becomes "not so common anymore."

Matter of H.M. v E.T.

2009 NY Slip Op 04240

Decided on May 26, 2009

Appellate Division, Second Department

Covello, J.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

The below is only an excerpt, you can obtain a copy of the full opinion from here:

http://www.nycourts.gov/reporter/3dseries/2009/2009_04240.htm

Decided on May 26, 2009

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2007-09323

(Docket No. U-110-07)

[*1]In the Matter of H.M. (Anonymous), respondent,

v

E.T. (Anonymous), appellant. APPEAL, in a proceeding pursuant to Family Court Act article 5-B, inter alia, to establish a support order, from an order of the Family Court (William P. Warren, J.), entered September 11, 2007, in Rockland County, which, among other things, granted the petitioner's objections to an order of the same court (Rachelle C. Kaufman, S.M.), dated March 7, 2007, which, upon, in effect, granting E.T.'s motion to dismiss the petition, dismissed the petition.

Rosenthal & Markowitz, LLP, Elmsford, N.Y. (Adrienne J. Orbach
and Lisa Solomon of counsel), for appellant.

Proskauer Rose LLP, New York, N.Y. (Robyn S. Crosson and
Justin F. Heinrich of counsel), for
respondent.

OPINION & ORDER

COVELLO, J. In this Family Court proceeding, a child's birth mother seeks to have another female, lacking legal ties to her, and lacking biological and legal ties to the child, adjudicated a parent of the child and required to pay child support. The question
presented for our consideration is whether the Family Court has subject matter jurisdiction to entertain such an application. Because the
application is not of a type that the Family Court, a court of limited jurisdiction, has been specifically authorized to entertain, we answer in the negative.

On or about October 23, 2006, H.M., an Ontario resident, and the birth mother of a 12-year-old child, filed a "Support application" with a Canadian agency, seeking to have E.T., a Rockland County resident, and H.M.'s former same-sex partner, adjudicated a parent of the child. H.M. also sought an award of child support retroactive to the date of the child's birth.

In support of her application, H.M. alleged that in August 1989, the parties lived in New York, entered into a monogamous relationship, and started cohabitating. H.M. alleged that the parties then agreed that she would attempt to become impregnated via artificial insemination, and that after a child was born, they would parent that child together. H.M. alleged that pursuant to this agreement, and with E.T.'s assistance and encouragement, she became impregnated by sperm from an anonymous sperm donor. In September 1994, H.M. gave birth to the subject child. H.M. alleged that over the next few months, E.T. acted as a parent to the child by nurturing and caring for him. However, H.M. alleged that in January 1995, E.T. ended the parties' relationship. H.M., who subsequently relocated with the child to Canada, alleged that after the relationship ended, she made numerous requests of E.T. for child support, all of which were refused.

Approximately two months after H.M. filed her support application, the Canadian agency [*2]transmitted it to the New York State Interstate Central Registry's Division of Child Support Enforcement. About two months later, the application, deemed a "Paternity/Support Petition" pursuant to the Uniform Interstate Family Support Act (Family Ct Act art 5-B [hereinafter UIFSA]), was forwarded to the Family Court, Rockland County, for action. The Family Court then issued a summons to E.T., notifying her of the petition, and informing her that the matter would be heard before a Support Magistrate.

Maximus signs $49M Tennessee child support deal

laryholland@sbcglobal.net (Lary Holland) — Thu, 28 May 2009 12:23:41 +0000

Your private information may have just gotten more vulnerable in state of Tennessee. In a deal that is qualified as the largest state privatization deal up to this point has been awarded to "Government Health Services Provider Maximus, Inc." to provide services that the state is paid to provide to its residents under a federally mandated social security program known as Title IV-D. (42 USC 651). The contract details, we are working on, but Maximus, Inc. will be doing the government's job in locating absent parents, establishing paternity, carrying out support orders and medical support orders, processing interstate cases, and providing customer service. This comes as a surprise because just last month there was a Former Child Support Services Employee Arrested in Tennessee for selling confidential records.

I am in the process of obtaining the government's documents associated with these contracts, stay tuned for more information. We have some legitimate fears of access to citizen's private data that have not been found guilty of any crimes being placed in unregulated databases that are accessible by unsavory characters that aim to make a profit with identity theft.

Over the past several years we have noticed a climate ripe for embezzlement, identity theft, invasion of privacy, and more. Just this year the Federal government removed some protections to the taxpayer to stop the continuous growth of these agencies. The reversal of the tax payer protection policy that was originally implemented under the Budget Deficity Reduction Act of 2005, paves the way for more disastrous consquences for taxpayers.

The Child Support Enforcement program continues to be plagued over the past several years of documented fraud, identity theft, embezzlement, bribery schemes, and more. Just take a look at the snapshot below, and know that this is hardly a comprehensive look at the problems that exist throughout the nation with this "free for all welfare program."

Fort Bend Woman Guilty in Child Support Fraud Ring ~ "Fort Bend County jury has found 42-year-old Debra Hodge guilty of engaging in organized criminal activity for her part in bilking over $40,000 in fraudulent child support from the Texas Attorney General's Office."

Child Support Worker Arrested in Bribery Scheme ~ "ORLANDO, Fla. -- A former employee of the Department of Revenue's Child Support Enforcement program was arrested Thursday on bribery charges." (Local6.Com "Child Support Worker Arrested In Bribery Scheme" March 8, 2007)

Title IV-D Employee Embezzles Quarter of Million in Child Support Enforcement Money ~ "A Natomas woman stands accused of bilking the state Department of Child Support Services of more than $250,000, turning her procurement job into a means of buying a Lexus, hot tub and big-screen television, among other things."

The Weekly Standard Indicts CSE Title IV-D Welfare Program ~ "There is mounting evidence that the system now encourages marital breakup and exacerbates fatherlessness by creating a winner-take-all game, where the losing parent--commonly a father wanting to save the marriage--is unfairly penalized by the loss of his children and by a federally enforced child support obligation."

Federal Child Support Enforcement Program Makes Little "Cents" to the Taxpayer ~ "So the man, named Michael Eugene Lamb, is going into prison at the age of 49, sitting there on a federal conviction, and coming out sometime when he is almost 51 years old. The federal system will charge the taxpayers for his 1.5 year confinement at a cost between $30,000.00 to $50,000.00 depending on the facility and not including any health issues of the confined."

Child Support Clerk Charged With Embezzlement: More Government Corruption ~ "Another County employee, this one in Lauderdale County, has been indicted by a grand jury on felony embezzlement charges for allegedly stealing more than $216,000.00 of program money, paid for by taxpayers, by writing unauthorized checks to herself from January 2002 through April of 2007. This employee was released on a $10,000.00 bond, which no doubt was probably a drop in the bucket considering she has already been sitting on the $216,000.00 plus her lush salary."

Two Main Media Outlets Reprot More Thieving Title IV-D/CSE Employees ~ "Two separate reports have come out about a Maine Child Support Enforcement Worker (Title IV-D Employee) that has been stealing money orders from children the agency touts to protect. This most recent employee, who is now on administrative leave pending investigation, was reported as intercepting money orders and depositing them in her personal bank account."

Mounting Accountability Problems With Child Support Programs: Data Stolen ~ "Yuba County scrambled this week to contact 70,000 people whose names and personal information were on a laptop computer stolen from the new Child Support Services office in Linda. County officials said the stolen laptop contained Social Security numbers, birth dates, driver’s license numbers and other private information on 70,000 people+."

Identity Theft: Opt Out of Family Court Services Before it Happens to YOU! ~ "...customers in at least three states have already experienced serious breaches in their personal information, including social security numbers being compromised and potentially handed over to hackers that might want to steal identities in the last few months alone."

Kernville man dies after stabbing in child-custody dispute

laryholland@sbcglobal.net (Lary Holland) — Wed, 27 May 2009 03:32:27 +0000

Another example of how an adversarial family court process turns deadly...

The fight broke out at a home on the 200 block of Bodfish Canyon Road in Bodfish. Crystal Lee Parker, 29, lives at the home and had armed herself with a large knife after people arrived because of the child-custody dispute, according to the sheriff's office.

A Kernville man died Monday night after allegedly being stabbed during a child-custody dispute. (Bakersfield Now Eye Witness News; Kernville man dies after stabbing in child-custody dispute; May 26, 2009; Orig.)

Family Court related violence is becoming more prevalent throughout the country as spouses aim to kill one another rather than go to trial. This isn't the first time that family court turns out to be deadly business either, just take a look at this article that continues to mount evidence against an adversarial court system that is proven bad for families. Family Court is Deadly Business.

Get Your Justice Live, an online interactive talk show discussing issues relating to government policies affecting the family, encourages diversion programs to remove a significant portion of cases from the judicial docket, staying the cases, and moving them to pilot programs focusing on alternative dispute resolution. A free seminar, "Save Our Kids", promotes a viable alternative to the adversarial family court system with the ADR method known as Collaborative Law. With a reduction in the bloated judicial dockets, judicial resources will be free to deal more intimately with the high-conflict family court cases before they escalate to critically dysfunctional levels that drive people to destructive acts against other family members.