This is in reference to a need to update and enforce the parental obligation regarding past due child support, and the failure of the County of Yolo, and the State of California to enforce the Constitutional Laws, set forth by the Constitution of the State of California, and the United States Constitution as well.
Reference website:
http://www.childsup.ca.gov/Portals/0/resources/docs/policy/css/2002/css02-04.pdf
This policy is not only outdated, (2002) but is a disappointment, and a tragedy for all single mothers in that United States that have been wronged, neglected, and ignored by the Department of Child Support Services for the State of California. It is a slap in the face for every single mother who has been denied our God given parental rights, and denied the
due process owed to us by the State of California ordered Child Support obligation for the care of our children. It should not matter if the monies are past due, or current, we should be entitled to our due process of law as promised
to us by the judicial system of the United States Constitution, and California State officials.
Case in point:
In 1984 I entered into a divorce proceeding from my ex-husband Mr X. At the time I was a single working mother living in
West Sacramento, Ca. Mr. X was ordered to pay me $681.00 per month based on his 1984 wages, plus additional monies in spousal support. I personally asked the judge to reduce the payment to $200.00 per child, and refused the additional monies for spousal support, as I felt that Mr. Wippler, would be honorable in his intentions to provide and support his children.
That was my first mistake, the second was to believe that Mr. X would honor his child support obligations, the third was thinking that the State of California, would follow their obligations and enforce the court order.
As we were leaving the court, Mr. X approached me and told me in a threatening manner that, "You'll never receive a dime from me B---!" The next day he promptly walked into his place of employment, quit his job, and proceeded to collect monies "under the table for work, so as to avoid his court ordered responsibility.
In the years following 1984, Mr. X, continually harassed me on my job, at my home, and harassed my friends and family members at their homes. He has not only not fulfilled his child support obligations, but caused me with his continual harassment and emotional abuse to leave the State of California, fearing for not only my sanity, but my life as well.
During the years since 1984, I have contacted the State of California numerous times and given him his address and notified them that Mr. Xwas employed. The State of California has not only refused to enforce the court order, but I even had one agent of the County of Yolo, Child Support Division, tell me that since I was living in the State of Texas, to apply for child support enforcement there!
I was not surprised, when after I applied for Child Support assistance in the State of Texas, that I was contacted by an agent for child support enforcement, who expressed their sympathy and sorrow at my situation.
The agent explained to me that not only did it take the State of California over 90 days to respond to their request, but they were not only un-cooperative, but rude as well as refusing to assist them in any way to collect the past due
support owed.
I have given up all hope on my home state of California, offering me any help what so ever, or living up to the obligations set forth in the Constitution of The State of California , IE:
CALIFORNIA
CONSTITUTION, CALIFORNIA CODES, FAMILY.CODE, SECTION 17500-17561, 17500 17052
17504 - 17505
(a)
In carrying out its obligations under Title IV-D of the, Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local child support agency shall have the responsibility for promptly and effectively collecting and enforcing child support obligations.
(b) The department and the local child support agency are the public agencies responsible for administering wage withholding for the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.). in accordance with Section 17450. For purposes of this subdivision, "child support delinquency" means an
arrearage or otherwise past due amount that accrues when an obligor fails to make any court-ordered support payment when due, which is more than 60 days past due, and the aggregate amount of which exceeds one hundred dollars ($100).
(d) If a child support delinquency exists at the time a case is opened by the local child support agency, the responsibility for the collection of the child support delinquency shall be submitted to the department no later than 30 days after
receipt of the case by the local child support agency.
(a) All state, county, and local agencies shall cooperate with the local child support agency (1) in the enforcement of any child support obligation or to the extent required under the state plan under Chapter 6 (commencing with
Section 4900) of Part 5 of Division 9, Section 270 of the Penal Code, and Section 17604, and (2) the enforcement of spousal support orders and in the location of parents or putative parents. The local child support agency may enter into an agreement with and shall secure from a municipal, county, or state law enforcement agency, pursuant to that agreement, state summary criminal record information through the California Law Enforcement telecommunications System. This subdivision applies irrespective of whether the children are or are not receiving aid to families with dependent children.
Not only has the County of Yolo, State of California, failed their State ordered responsibilities under the guidelines mandated in the California Constitution, but have violated the United States Constitution: Bill of Rights Amendment IX : The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Now, twenty eight years later, imagine my surprise when I received a payment towards the over $50,000 that Mr. X owes me in past due child support, only to be told that it will be a whopping $47.30, which is 5% of his SSI payment, which is less than the 7.75% which is the current tax rate for Yolo County! Not only is this far less that the original amount ordered by the Judicial system of the State of California, but I am told that due to a State of California Assembly Bill dated 2002, over ten years ago, that not only can they not take more than 5% of his SSI, but that the whole amount of past due support obligation can be disregarded!
I was informed by Yolo County Child Support, that Mr. X receives approximately $900.00 per month in SSI, plus food stamps, and medical support!!! This is unjust! This is unconstitutional Are my taxes paying for him to receive aid from the federal government because he was addicted to drugs, and too lazy to work?
Unfortunately for me in 1984, when I became a single parent, I received less than $800.00 per month to support myself, and Mr.Xs two children on what I made being employed while he quit his job, drank, did drugs, and refused to work! I alone had to pay for the housing, food, clothing, and medical care for my children. I did not apply for nor receive food stamps, medical or any welfare assistance from the State of California.
I feel that Assembly Bill 891, Family Code Policy 02-04, is unfair, goes against the rights guaranteed to the citizens of our Country, and is in serious need to be revisited, revised, and updated to meet the current need of your citizens.
I urge you, as a citizen of the United States, as a person in a position of authority to look into this travesty of justice. If not for me, a person whose personal rights have been violated and disregarded for twenty- eight years, for the other
single mothers who are out there still ever struggling to make ends meet.
Trying to feed and support their children, all the while without being a burden on the United States welfare system. Some barely making minimum wage and trying to provide for their children while the childrens fathers are not only
shirking their responsibility to provide for the support and care of their children, but are not only being assisted by but encouraged by the State of California to do so!
Thank you in advance for your assistance,