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ironeagle

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Reply with quote  #1 
Ok guys and gals, I need your information, ideas and feed back on this. I.C.O.S has a Crusade for the Speedy and due Process of Law. The idea is to submitt a petition signed by as many Iowans and Americans as possibly to the state legislature and mabey even the federal legislature, concerning changes that need to made to the time limits and processes of child support modifications. Before I submitt this petition for signing, I would like your feedback on these proposed changes (be nice K. LOL)

I.C.O.S Crusade-Speedy and Due Process of Law

1. That Child Support Recovery Unit be limited to 60 days to review, approve or deny and submitt to the court, all upward and downward modifications of child support.

2. Child support be immediatley suspended , by way of emergency relief when a parent requesting downward modification has a current income level of less than the poverty level for the state of Iowa.

3. That Child Support Recovery Unit and clerk of courts for each county in Iowa shall keep on record and supply at no cost an application for emergency relief and suspension of child support obligation when an obligator's income has been reduced lower than the state of Iowa's poverty level and that an application for downward modification be given or sent to parents requesting relief, and that mailed applications shall be mailed same day as requested to the requesting party.

4. That the court and Child Support Recovery Unit uphold the suspension of child support until the modification has been ruled apon by the district court judge of whom has juristiction over the case, and not sooner, so long as the income of the relieved party has not incresed at or above the state of Iowa poverty level.

5. That during a period of emergency relief and suspension of child support, niether the court nor Child Support Recovery Unit shall impose arrears for the months of emergency relief and shall not retroactivley impose orders obligating the parent to pay for the months covered by emergency relief  and suspension of child support.

6. That the court shall , when requested by either party, hold a hearing on the matter in no more than 60 days after submission through the court of a modification, motion to quash or submission of an upward or down ward modification by the child Support Recovery Unit and that ruling be issued and filed with the clerk of court in no less than 30 days from the date of hearing.

7. That the court shall enter judgement and file ruling with the clerk of court without hearing if one is not requested by either party within 90 days of submission of the request through court modification, motion to quash or when a downward or upward modification is submitted by child support recovery Unit.

8. That the current 30 day wait period and current 30 day review of the approved modification order through Child Support Recovery be revoked as they consume precious time and are not necisary therefore further adding to the denial of speedy and due process of the law.

9. That the court's decision and ruling be valid from the date of ruling. Retroactive judgement shall not be allowed against an obligator protected under the emergency relief and suspension of child support.

10. That either party shall have the right to appeal any decision made by the court to the highest court of the state of Iowa. That the order being appealed shall stand untill such time as it is overruled by a higher court, or when an apllication for emergency relief and suspension of child support is filed.

11. That a copy of the filed judgement be mailed to the parties involved within 3 business days after it is entered and filed.

12. That a judge shall not hold hearing for upward or downward modification of child support if requested by any other party who is not the obligator of child supoprt or the recipiant of child support. Further more Child Support Recovery Unit shall not have the right to request modification of or modify any child support order without the consent of  either the obligator or the recipiant.

13. That child Support Recovery is not a party to the court decree of child support nor is it a valid party to the decision to request modification, therefore Child Support Recovery Unit shall limit it's participation to reviewing, denying and approving a modification requested made to the Unit and shall not be allowed to request the upward or downward modification without the request and approval of the obligator or the recipiant.


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ironeagle

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Reply with quote  #2 

Feedback? Anyone?


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RJL

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Reply with quote  #3 
i don't no if agree on the not allowing retroactive adjusdtments. I would like a retro active modification of arrears to lower my amount since it was due to a clerical error.

I would say that there needs to be a way to correct clerical errors without a court date. If you paid and you can prove they should take off an amount. Or if they over charged you and you can prove it; they should be able to modify your amount. Not the amount you pay but the amout you owe.

that's my 2cents.
ironeagle

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Reply with quote  #4 
I'm glad you pointed that out, because I know there are some language errors in the proposal. I want it to state that a judge can not impose child support retroactivley for a person who is exempt during a month there income is below poverty level, however, I believe that retroactive judgements should be made when an error occurs, or when a parent is not exempt due to povery. I should rewrite that part to be more clear.
I appreciate any suggestions!

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paradocs

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Reply with quote  #5 
It appears that this petition is for the sole purpose of Ms. Drake to get out of paying any child support eventhough she has not paid anything for years (as evidenced by her own post that "CSRU has been after me for years..."). There are many fallacies with the petition. To require 60-day review is unreasonable and will not happen. In order to do so will require additional appropriation of monies (tax dollars) for additional resources by the State Legislature which isnt going to happen. The emergency relief request, while it may be appropriate under some circumstances, is to the benefit of Ms. Drake since she has admitted on this forum that she does not work by choice! I wonder why? It appears that Ms. Drake is attempting to get this petition through for her own purposes and not anyone else. Finally, failure to want to work (although very capable) is not an "emergency" situation and is a slap in the face to those individuals who truely do have an "emergency" situation.

jmposts

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Reply with quote  #6 
Would anyone fight anything in life without gaining something?
ironeagle

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Reply with quote  #7 

Paradoc you completely miss the point of the petition. First of all I have paid child support for the entire five years I was ordered to pay  except for recently when after working two jobs at once, one of them closed down by the owner, who did not tell any of the workers he was doing so, the other did not pay me my commisions on the services I did. I filed suit against the salon and they settled out of court. I have been looking for employment in my field since. By the way C.S.R.U agreed with me that I deserved a reduction in my child support based on the WAGES I EARNED when I filed for it. It took over a year and a half for the modification to be viewed, reviewed, waited on, re-reviewed, submitted to the court, be heard in court then the five months waiting for the judge, who ultematley decided that I wasn't going to get a modification even though they proved I made at least 50% less than I did when the order was first made. During that one and a half years I paid child supprt on a payment agreement. So you don't know anything about the facts of my case. There is no excuse for the court or the C.S.R.U to take more time than a total of 90 days to give people who, are injured, get laid off, or whose jobs close down on them relief. No Excuse, and there is NO EXCUSE to order a person to pay child support when their income is zero. I don't care if you support the petition but this thread was for people who constructive ideas on how this could work. I think the fact that you show no support for speedy and due process of law just proves you have no intention of finding something constructive to say.


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ironeagle

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Reply with quote  #8 

Oh and by the way Paradoc, this modification change would also benefit Custodial parents who's exes have increased dramatically in pay and who do not end up paying any extra because by the time the modification process is done the ex has reduced their income again, so the child recieves no extra. This happened to my best friend recently who's ex earned $1000.00 more than he was for about a half a year or so, but by the time the court and C.S.R.U finished their modification, he had changed jobs. Since he no longer made that money he didn't pay 1 cent extra. Had child support been based on a percentage of his actual wage, or if the modification proces had been 400 hundred or so days shorter, she would have recieved a little extra. so don't say this modification is just for me.


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paradocs

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Reply with quote  #9 
So ironeagle, why dont you provide your case numbers so that the rest of this community can read up? Those are easily accessed if one knows where to find them. Your posts over the past few months leads one to believe that, although you may have paid the minimum amount ($50 or 75), one must wonder how you were able to do that when you admittedly say you were voluntarily under-employed. Other posts mention that you requested the reduction. I trust you are aware that that action did not relieve you of back support that was due. Regarding the petition (and other posts), it is interesting that rather than explaining the petition and any comments, you simply revert to personal retorts; leading a logical person with legal background to seriously question your intentions.



ironeagle

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Reply with quote  #10 

First the petition is already posted, second the idea that I knew I would go into arrears even on the payment plan does not excuse the C.S.R.U, or the courts from being responsible for the arrears. If you do not agree with any of the members concerns against child support extortion, then I suggest you find a nice child support arrears support group to attend rather than this one. The point is that child support was not meant to cover anything except the basic needs of the child, and many of us although not all, seem to agree that when the court decides to take a child from a parent for selfish reasons, that we are being extorted by the court, told to show responsibility but not given the chance to have the responsibility. If my ex is so concerned with his added costs then he shouldn't have asked to have the kids more than 50% of the time. If he doesn't like the cost of babysitters he should have given me the right of first refusal, but he didn't. So if you think for even one minute that I am going to feel sorry for a man who chose to runaway with our children your barking up the wrong tree. And you didn't even bother to comment on the fact that this petition would greatly benefit custodial parents. By the way I already have put my case numbers on this site. you joined today I've been here much longer and many of the other members have been here way longer than me, so I suggest you not make this personal.


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ironeagle

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Reply with quote  #11 

Oh and by the way no one on this website likes the term "voluntarily under-employed" and I highly suggest that you be careful using it in your posts as you offend hundreds of our members. Just because you and the C.S.R.U and the courts like to say that a person is voluntarily underemployed doesn't make it true and doesn't make it fact. it's just an excuse for courts to extort more money for their incentive dollars.


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RJL

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Reply with quote  #12 
Eagle,

I think you are being baited. You don't need to explain every single phrase or word. You don't need to post all of your business and case numbers if you don't want.

I don't think that this site is about knowing everybodies business; it's about finding common issues and support for each other.

We all know that the court is not as virtuous as it would like to represent it self as, and we know the harm that is done to us and our kids by wrongful separation from our kids.

In many cases the child support is just a tool to keep the status quo for the other side.
RJL

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Reply with quote  #13 
Also there is no rule that says you have to make as much as possible. The reason we earn money is to improve the quality of our life. If the percentage taken from our pay makes all things equal meaning no matter we we earn we are in the same financial boat; then the the best option is to work to maintain a good quality of life. If the stress of a job combined with the stress of your children being stolen will kill you; then you have to drop the lower priority, which is work. The endevour to see the children will come first.

The United States Supreme Court noted that a parent's right to "the companionship, care, custody and management of his or her children" is an interest "far more precious" than any property right.

·         MAV V. ANDERSON, 345 U.S. 528, 533; 73 S.Ct. 840, 843 (1952)


ironeagle

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Reply with quote  #14 

Thank you Roy


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ironeagle

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Reply with quote  #15 

I think almost every member here has delt with the long process of child support modifications. So I am hoping that you all have some of your own thoughts and Ideas on how to change laws to reflect the need for speedy modifications. Sorry the post has been a little off topic but back on track and waiting to hear your ideas on how to change the slow and utterly laxidaisey modification process.


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Reply with quote  #16 
For starters, we need to remove any incentives offered the State of Iowa through  U.S.C. Title 42 - Chapter 7 "Social Security" - Subchapter IV - Part D. 
 
With Congress talking about Social Security cuts, AARP has been contacted regarding this incentive program. 


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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
ironeagle

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Reply with quote  #17 

I'm in agreement with you Bryan. I find it hard to see how any citizen of the u.S can get a fair hearing on child support. or even child custody when the states make money based off of their rulings. I think it might even do good to report this issue to the civil rights commission. Now the AARP is what now?


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Reply with quote  #18 

AARP might be somewhere to start. after all how many people are getting screwed out of any chance for retirement by this corrupt, out of line and unamerican system. How much taxpayer money will go to pay for the healthcare and nursing homes for former NCPs because every dime they managed to save was taken from them to pay for SUVs, cigarettes, booze and manaceers? How many CPs will the taxpayers pay for because once childe support ended they had no income to fall back on? Who will be left to pay the taxes for all this? Our youth will be too screwed up by this system to actually be productive in society, besides the CP will have not have tought them a work ethic anyway. Why work when you can screw somebody else out of a living?


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RJL

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Reply with quote  #19 

one thing i would like to say about child support; is that there should be a way to put some of the money in a fund for the child, when the child grows up. so the other parent doesn't squander it. it should be owed to the child not the other parent. for me, i work to provide for my family and leave something behind. child support is just squandering everything. the money is used to interfere with my visitation. I won't be able to provide for my child when it matters.

ironeagle

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Reply with quote  #20 

I hate that I can try as I might and no matter what amount of money I earn, I know that they will just find a way to increase child support, and the never ending trend of passing orders and decrees , ordering parents to pay for insurance(even when it's too expensive) post secondary education(money for an ADULT child) and extras, will burden my finances to the point where I don't know if I will ever have enough money to save for my self. I can't even save money for a summer vaction, and if I get married I may never be able to go on a honey moon out of the coutry. I really think this sytem is inplace as the governments anti-welfair/welfair re-payment plan. They want to stop offering reasonably low income young adults assistance for college, so they want to order one parent to supply all the money to keep the ADULT child debt free etc. It's the adult child's responsibility to earn, learn, and pay back loans, etc. We all want to give our kids great things, but ordering us to provide things that we may not be able to, without harming ourselves financially is rediculous. In all of this where is the CP's financial responsibility?


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Crazy_8

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Reply with quote  #21 
I spoke at the Tipton public hearing for review of the Iowa Supreme Court's child support guidelines in Feb. 2007.  I argued that if a person qualifies for unemployment benefits, that child support should be temporarily adjusted based on the amount of unemployment income. I argued this based on two assumptions:
 
1. A person receiving unemployment could not have quit their job or committed intentional misconduct to cause the loss of employment, and they must be actively seeking employment. Unemployment is limited in duration based on the person's work history. Both of these prevents the ability of the person to use unemployment to avoid paying child support, but it would give the payer reasonable financial relief during temporary hardship.

2. If the parents were still married, the entire family would bear the hardship of the unemployment, and would have to limit spending accordingly. To expect the non-custodial parent to go into arrears for child support while the custodial parent has no change in income is unfair and unrealistic. Unemployment can be devastating, even without the burden of child support. 

The current guideline for hardship is the poverty level for one person. It does not take into account if the payer has other dependents. Is it fair that the payer's family goes hungry and loses their home? If it is a temporary hardship that was not caused by the payer's own actions, then temporary hardship needs to be immediately granted. Current unemployment guidelines are sufficient to determine eligibility.

As others have stated, the custodial parent needs to have a reasonable obligation to support their children, not just the non-custodial parent.
ironeagle

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Reply with quote  #22 

It is my opinion that child support recovery units, and family court judges are responsible for the creation, and encouragement of child support arrears based on the fact that they refuse to use speedy and due process of law for down ward modifications, and rarley if ever reduce child support even when hardship is proven. They purposley make rules so that you can only be immune to license sanctions if you are receiving food stamps , or fip, a recovering drug addict or caring for a disabled family member, because they know that it's usually only the custodial parent who can recieve fip and food stamps when they are in poverty.


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leminhtan3

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Reply with quote  #24 
nhân sâm hàn quốc là một trong những nhan sam han quoc chinh hang loại thảo dược tự nhiên đại lý nhân sâm hàn quốc, có mặt ở rất nhiều quốc gia sâm hàn quốc trên thế giới như Nhật Bản, Hàn quốc, Hoa Kì sâm hàn quốc... Trong các loại nhân sâm nhân sâm chính hãng kể trên thì nhân sâm hàn quốc sam han quoc luôn được hàng triệu người trên khắp thế giới săn lùng và sâm hàn quốc tìm kiếm bởi những giá trị tuyệt vời. Từ xưa đên nay những công dụng của loại nhân sâm này vẫn được mọi người nhan sam han quoc lưu truyền và nhân sâm hàn quốc chính hãng ứng dụng vào trong đời sống đại lý nhân sâm đặc biệt là chăm sóc sức khỏe của con người. Củ nhân sâm hàn quốc chính là nhân sâm Hàn Quốc ở dạng tươi sâm hàn quốc chưa qua sơ chế thành đại lý nhân sâm các sản phẩm. Củ nhân sâm Hàn Quốc nhan sam han quoc có những vai trò và tác dụng nhân sâm hàn quốc chính hãng vô cùng to lớn đối với con người.
leminhtan3

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Reply with quote  #25 
nấm linh chi hàn quốc hay nấm linh chi là Địa chỉ nấm linh chi đỏ tại Hà Nội một loại thuốc quý đến Địa chỉ nấm linh chi đỏ tại TP HCM từ thiên nhiên có công dụng Cửa hàng nấm linh chi đỏ tại Hà Nội rất lớn trong việc phục hồi sức khỏe Cửa hàng nấm linh chi đỏ tại TP HCM và hỗ trợ chữa rất nhiều căn bệnh. Vì công dụng cũng như dược tính của minh mà nấm linh chi còn Nơi bán nấm linh chi đỏ tại Hà Nội có một số tên gọi khác như vạn niên thảo Nơi bán nấm linh chi đỏ tại TP HCM, thần tiên thảo, nấm trường thọ, cỏ huyền diệu…
leminhtan3

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Posts: 30
Reply with quote  #26 
nhân sâm hàn quốc 6 năm là một trong những loại thảo dược tự nhiên nhan sam han quoc, có mặt ở rất nhiều quốc gia trên thế giới như Nhật Bản, Hàn quốc, Hoa Kì... nhân sâm hàn quốc chính hãng Trong các loại nhân sâm kể trên thì nhân sâm hàn quốc luôn được hàng triệu người trên khắp thế giới săn lùng và tìm kiếm bởi những giá trị tuyệt vời nhân sâm tươi. Từ xưa đên nay những công dụng của loại nhân sâm này nhân sâm mật ong vẫn được mọi người lưu truyền và ứng dụng vào trong đời sống đặc biệt là chăm sóc sức khỏe của con người. Củ nhân sâm hàn quốc sâm củ tươi chính là nhân sâm Hàn Quốc ở dạng tươi chưa qua sơ chế thành các sản phẩm nhân sâm chính phủ. Củ nhân sâm Hàn Quốc có những vai trò và tác dụng nhân sâm chính hãng vô cùng to lớn đối với con người.
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