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Friday, January 06, 2012

Court rules no refund for false father in Iraq

The problems of a defrauded father rears its ugly head again. This time on an overseas soldier defending his country.

Christopher Childers was sued for child support while he was in Iraq between November 2007 and January 2009. The state filed a motion for default judgment that he was the father, and the Tennessee Department of Human Services took child support from his military paycheck.


Childers said he never got a letter ordering him to report for a DNA test. After returning from Iraq, a DNA test determined he was not the father. A juvenile court judge ordered the state to reimburse Childers $2,735 that was taken from his wages, but the Court of Appeals of Tennessee overturned that ruling Thursday.


To me this is just an ugly injustice. Possibly this year we can get the votes to change things.

It is time to pass the baby daddy bill.

3 comments:

  1. Perhaps we should mention that the Court which granted the State's appeal from his relief is unconstitutionally seated and therefore void.

    ReplyDelete
  2. A fraud is a fraud. Thou shall not steal. All of our Appellate Court Judges in TN are sitting in seats Unconstitutionally. (that means they are not real judges; rather, they are appointed Autocrats) This is by far the biggest sham that has ever been perpetrated against the people of TN. The Legislature and the TN bar association have taken away Our Constitutional Right to Elect our own Representatives within the Judicial Branch in direct conflict and violation of the "easy to understand TN Constitution". "Thou shall not steal" is easy to understand; but, your right to vote, to elect your representative, has in fact been stollen. Why would we believe they will protect the men and women of our armed services from theft when they themselves are committing a fraud against the entire population of our state.

    ReplyDelete
  3. In reading your profile I found it interesting the Bible is your favorite book. So I can assume that you consider yourself to be an intelligent person, especially being a house redeveloper. I know that it takes a mental discipline to master Judo, Jiu Jitsu and fencing. So, my question to you is, when will someone discuss the federal laws that prove the juvenile court was right?

    Given the Tennessee Court of Appeals and Attorney General Robert E. Cooper acknowledge the state is providing child support enforcement services pursuant to Title IV-D of the Social Security Act, 45 CFR 301.1 states when used in this chapter, unless the context otherwise indicates, the general definition of the Act is the Social Security Act, and the title referred to is title IV-D of that Act.

    Sec 466 of the Social Security Act presents the required statutorily prescribed procedures to improve effectiveness of child support enforcement each State must have in effect to increase the effectiveness of the program which the State administers under this part.

    Sec 466(b) states the procedures referred to in subsection (a)(1)(A) (relating to the withholding from income of amounts payable as support) must provide for the following, with Sec 466(b)(10) stating provisions must be made for terminating withholding.

    Section 303.100 of title 45 of the Code of Federal Regulations is entitled Procedures for income withholding and one of the general requirements is the State must have procedures for promptly refunding to noncustodial parents amounts which have been improperly withheld (45 CFR 303.100(a)(8)). Given section 467(b)(2) of the Social Security Act states there shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, and with genetic testing in that particular judicial proceeding providing the specific finding that there was a mistake of fact (45 CFR 303.100(c)(2)) as to Mr. Childers being the father, the court having immediate jurisdiction over the subject matter, acted appropriately by promptly ordering the state to refund to Mr. Childers the amount which had been improperly withheld.

    ReplyDelete

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