Court abuse of parents and children in child custody and support cases – Please contact Cook County Board NOW!

PLEASE CALL OR WRITE MEMBERS OF THE COOK COUNTY BOARD OF COMMISSIONERS OR EMAIL THEM,

ASKING WHY THEY HAVE NOT RESPONDED TO THE FOLLOWING LETTER ABOUT  COURT ABUSE

OF NON-CUSTODIAL PARENTS,

COURT CORRUPTION IN CHILD CUSTODY AND CHIILD SUPPORT CASES,

AND THE NEED TO

REWRITE CHILD SUPPORT AND CUSTODY LAWS IN ILLINOIS!

Link to letter (PDF formatted) to Cook County Board of Commissioners about court and lawyer abuse of parents in child custody and child support cases:

http://www.scribd.com/doc/111836499/Letter-to-Cook-County-Board-of-Commissioners-Please-support-investigation-of-and-rewrite-of-Illinois-Child-Support-Enforcement-Statute-It-s-uncon   This letter is also reproduced at end of this post.

This letter was faxed to Board President Preckwinkle’s office and was also individually addressed and sent to each of the Cook County Commissioners. Please feel free to reuse or repost this letter and add your signature.

Please contact Board President Preckwinkle and all the Cook County Board of Commissioners today and urge them to investigate the issues in the attached letter sent to the Cook County Board of Commissioners.

SEE THE FOLLOWING PHONE NUMBERS AND EMAIL ADDRESSES.

 Phone Number

President Toni Preckwinkle

312-603-6400

Robert Steele

312-603-3019

Larry Suffredin

312-603-6383

Earlean Collins

312-603-4566

Timothy O. Schneider

312-603-6388

Jerry Butler

312-603 6391

Elizabeth Doody Gorman

312-603-4215

Joan Patricia Murphy

312-603-4216

Jeffrey R. Tobolski

312-603-6384

Bridget Gainer

312-603-4210

John A. Fritchey

312-603-6380

William M. Beavers

312-603-2065

Gregg Goslin

312-603-4932

Edwin Reyes

312-603-6386

Jesus G. Garcia

312-603-5443

Deborah Sims

312-603 6381

Peter N. Silvestri

312-603-4393

John P. Daley

312-603-4400

Commissioner Email addresses:

r.steele@robertsteele.org

earlean.collins@cookcountyil.gov

jerry.butler@cookcountyil.gov

joan.murphy@cookcountyil.gov

commissioner@bridgetgainer.com

edwin.reyes@cookcountyil.gov

deborah.sims@cookcountyil.gov

john.daley@cookcountyil.gov

larry.suffredin@cookcountyil.gov

tim.schneider@cookcountyil.gov

liz@lizgorman.com

commish@fritchey.com

commissioner.goslin@cookcountyil.gov

Jesus.Garcia@cookcountyil.gov

cookcty9@aol.co

Linda Lorincz Shelton, Ph.D, M.D.

             XXXXXXXXXXX Ave.

           XXXXXXX, IL 60XXX

https://cookcountyjudges.wordpress.com

                                                                                                                        October 31, 2012

VIA FASCIMILE DELIVERY 312 603-4683

Cook County Board of Commissioners

County Building

Chicago, IL 60602

Dear Board Members:

As you no longer allow public comment, the only way I can get the following statement  of concern to you is by a letter and to the public is by a press release.  There is no point in coming to board meetings anymore as we cannot interact with the board and we can read your minutes on line.

We ask that you consider the following statement and act upon it:

We as concerned parents in Cook County wish to ask the Board to request the Illinois legislature to investigate and rewrite the Illinois DHFS Child Support Enforcement laws as they presently are both:

1)    Unconstitutional as the Separation of Powers Clause in the Constitution forbids the Judiciary from overseeing and administering legislative functions; the Illinois Supreme Court is unconstitutionally “administering” the Administrative Law Courts under under 750 ILCS 25/4-5, the “Expedited Child Support Act of 1990.”

Please note that the Judiciary may not oversee or administer a legislative body, especially because they would then have a conflict of interest when Petitions for Mandamus are filed in courts against this body (the DHFS Child Support Enforcement Administrative Law Courts). Also note that all other administrative law courts under Illinois statutes are administrated and overseen by administrative and not judiciary officer; and

2)    Discriminatory in that they accept cases in Title IV-D program from custodial parents but fail their statutory duty to hear requests from NON-custodial parents for reduction in child support due to change of circumstances (i.e. Hold hearings in DHFS Administrative Law Courts)  as required under 750 ILCS 25/5-2 (“Actions Subject to Expedited Child Support”).

Thus they abdicate their statutory duty for the Administrative Law Court Investigator under Child Support Enforcement Division of DHFS to investigate both parents ‘ financial situation and hold a hearing to recommend to the Trial Court in post-divorce proceedings changes in child support. The courts then usurp this power and refuse even to listen to the defamed NON-custodial parent.

Thus many NON-custodial parents are falsely accused of failing to pay excessive child support which they are unable to pay and DHFS is obtaining federal funds to assist NON-custodial parents in obtaining changes in child support to reasonable amounts, but not using these funds for that purpose. What are they using them for – judges and child reps penions?  Instead the Non-custodial parents are falsely labeled and defamed as “deadbeats.

Two examples of this lawlessness in the Cook County Courts that are affected by the dereliction of this statutory duty by DHFS and lawless rulings by judges are:

1)     Sandie, who stopped her preparation for a board exam in pediatrics and for licensure as a  physician to raise her children, while her ex-husband completed his exams and then after being fraudulently defamed and the custody of her children illegally removed from her due to false statements to the court by her ex-husband and the child representative, then the Trial Court has ordered her to  pay exorbitant child support “because you are a doctor”, while she is actually homeless due to this order and she is NOT a licensed doctor and cannot obtain high paying employment, at the same time that her ex-husband is a highly paid anesthesiologist and her children are being brainwashed against her through typical actions known as parental alienation.  The DHFS has yet to hear her case to reduce child support.

2)    David, who is falsely defamed by his ex-wife as dangerous because he is an ex-Marine, and therefore wrongfully and illegally upon the outrageous order of the Trial Court lost custody of his children. He had a serious injury to his back at work last year – and he therefore has been unemployed for nearly a year. Worker’s compensation has failed to OK his compensation and his union is litigating that issue so his income has been $0 for a year. Yet the Trial Court has ordered him to pay $420 in child support every two weeks for his two children who are in the custody of their mother who is a drug addict. David has NO other assets as his ex-wife was a compulsive spender and threw away over $200,000 of marital income causing them to remortgage their house and lose it in foreclosure. Yet the Trial Court has refused, even after receiving affidavits from others that she is a drug addict to have the mother tested or even examined by psychologists as well as refused to even allow to be filed, let alone hear a motion to reduce child support. Now the judge is threatening to jail David for failure to pay child support.

Please note that the NON-custodial parents then end up with wage garnishment and other orders requiring that they pay > 150 % of their income for child support and they are thrown in jail when they are unable to do this. Their parents and other relatives are then extorted to get them out of jail. Please note that the Federal Consumer  Protection Act, 15 U.S.C. § 1611 and 29 C.F.R Part 870 require that wage garnishment be for no more than 65 % of NET income! These Trial Court orders often say that NON-custodial parents must pay more than 150 % of their gross income for child support. Isn’t this extortion and federal funding fraud?

I hope your committee will strongly consider this suggestion and strongly advocate for investigation of this situation.

Attached is the “Table of Contents” of the Big Divorce Book written by Dr. Shelton and David Bambic which has a summary of the DHFS Child Support Enforcement statutes and the federal Consumer Protection Statutes.

Thank you for your time in reviewing this most important issue. We await your concerned response.

Sincerely,

Linda Lorincz Shelton, PhD, MD

ILLINOIS

 

DIVORCE BIG BOOK

 

ILLINOIS AND FEDERAL STATUTES

 

REGARDING CHILD SUPPORT

 

                                    AN EDUCATIONAL PUBLICATION BY STOP ILLINOIS CORRUPTION

 

                                                  

(A PUBLIC SERVICE CLUB)

 

EDITED BY

 

DAVID BAMBIC and DR. LINDA SHELTON

 

November 4, 2011

 

Copyright 2011

 

 

 

NOTE: Interpretation of Law in Table of Contents has been done by paralegals and lay persons and is not guaranteed as to its accuracy – Please verify any interpretation of law by a licensed attorney – This is the opinion and belief of editors only and not meant to be a definitive interpretation of the law or legal advice – Use this interpretation at your own risk

 

 

NOTE: These laws are applicable the moment an obligee (non-custodial parent) is placed into the State Disbursement Unit (in Illinois Department of Healthcare and Family Services [HFS]) for collection and distribution of child support and are available to ALL  PARENTS in divorce actions even if they are NOT on  public assistance (Public Aid), upon application by either parent, whereupon the Family Court loses jurisdiction to investigate and hear applications for change in child support unless the parents disagree with the recommendation of the HFS Child Support Unit Administrative Law Court (ALC), after the ALC investigates financial circumstances, holds a hearing and makes a recommendation to the  parties.  Then the parties may go back to the Family Court Judge (Trial Judge) for review of recommendations, evidentiary hearing, and decision on change in child support.

 

NOTE:  All parents may apply to be supervised by the SDU and ALC in the Child Support Services Division (CS) of HFS. Find the address of your local office for the Illinois Child Support Unit in the Department of Healthcare and Family Services at their web site:

 

 

TABLE OF CONTENTS FOR DIVORCE BIG BOOK

Note that these laws were written to be in compliance with federal codes pertaining to Social Security Title IV – 42 U.S.C. § 401 et seq. & amendments

                                                                                                                                                                                                                                                                   page

1. Illinois Marriage and Dissolution of Marriage Act – 750 ILCS 5/506

Representation of child………………………….……………………………………………………………….  1-2

“The child representative shall not render an opinion, recommendation, or

 report to the court . . . but shall offer evidence-based [ NOTE NOT HEARSAY]

legal argument.  The child representative shall disclose the position as to what

the child representative intends to advocate in a pre-trial memorandum that

shall be served upon counsel of record prior to the trial. The position disclosed

 in the pre-trial memorandum shall not be considered evidence.” ………………….      1

 

“Any person appointed under this Section shall file with the court within

90 days of his or her appointment, and every subsequent 90 – day period

thereafter during the course of his or her representation , a detailed invoice

 for services rendered with a copy being sent to each party.”………………………….     2

1. “Unified Child Support Services Act” 750 ILCS 24 et seq. …………………………………………    3-6

Plan must be submitted by County State’s Attorney to the [Illinois] Department

of Healthcare and Family Services (“DHFS”) – Section 10 …………………………….      3

“Components of a Unified Child Support Services Program” 750 ILCS 24/15……     4-5

“ (1) Accepting applications for child support services from private

Parties or referrals from any state agency [Court]”………………………….……..      4

“(7) Obtaining identified cases that have moved into non-compliance

With obligations [arrears] . . . . “……………………..………………………………………      4

“(16) Marketing the Program within the county in which it is operating

so that potential applicants learn about child support services offered.”.       5

“Child Support Program Responsibilities” – 750 ILCS 24/35 ………………………       5-6

”Operation of a statewide toll free telephone”    – [for the public to

obtain information even if they are not eligible for public aid]………………     5

“(2) Management and supervision of the State Disbursement Unit”

By the DHFS…………………………………………………………………………………………….    6

1. “Expedited Child Support Act of 1990” – 750 ILCS 25 et seq………………………………   7-13

“Purpose”  750 ILCS 25/2 “. . modification of child support orders” …………….      7

“Establishment of the Expedited Child Support System” 750
ILCS 25/4………………………………………………………………………………………………………      8

“(1) …The System shall be available to all participants in the IV-D

program, and may be made available to all persons, regardless of

 participation in the IV-D program…” ……………………………………………………       8

“(2) Implementation . . . the Chief Judge of any Circuit shall develop and

Submit to the [Illinois] Supreme Court a Plan for the creation of a System    8

“(5) Implementation. The System shall be administered by Supreme

Court. The Supreme Court may delegate, to the Chief Judge of each

Judicial Circuit, the day-to-day administration of the system in the

County. . . .” ……………………………………………………………………………………………    8

1. “Actions subject to Expedited Child Support Hearings” – 750 ILCS 25/5 ………….       9

“(1) Petitions for child support and for medical support . . . for

post-judgment dissolution and . . where child support or medical

support was reserved or could not be ordered at the time of entry

• of the judgment  . . .” …………………………………………………………………………..     9

“(2) Petitions for modification of child support and medical support

in post-judgment dissolution of marriage . . . “ ……………………………………     9

“(4) Actions for the enforcement of any existing order for child support

 or medical support in post-judgment dissolution of marriage . . .”……..     9

“(8) Actions brought pursuant to Article X of the Illinois Public Aid

Code”……………………………………………………………………………………………….….     9

“(b) Notwithstanding the provisions of subsection (a) of this Section,

 if the custodial parent is not a participant in the IV-D program and

maintenance is in issue, the case shall be presented directly to

the court.”………………………………………………………………………………..…………     9

“(c) . . . the System be available in pre-judgment proceedings for

dissolution of marriage, declaration of invalidity of marriage and

 legal separation.”……………………………………………………………………………..      9

1. “Authority of hearing officers (administrative law judges”  and “Expedited Child Support Hearings”  750 ILCS 25/6 & 7……………………………………………….………………..…………   9-11

Administrative law judges [hearing officers] are by statute authorized

to subpoena and collect evidence, review evidence, and make

recommendations to the court as to post-dissolution of marriage

child support issues, modification of child support and health

 insurance  issues for the children.  The Trial Court by statute shall

refer all child support and health insurance issues to the administrative

law court. Only if the parents disagree with the administrative

law judge’s recommendations shall the court intervene in coming

up with its own decisions regarding child support and health

insurance issues for the children post judgment for

dissolution of marriage……………………………………………………………………..     9-11

 

“(b) in any case in which the Obligee is not participating in the

IV-D program or has to applied to participate in the IV-D program,

the Administrative Hearing Officer shall: (1) inform the Obligee of the

existence of the IV-D program and provide applications on request;

and (2) inform the Obligee and the Obligor of the option of

requesting payment to be made through the Clerk of the

Circuit Court.”…………………………………………………………………………………….   10-11

1. “Authority retained by the [trial] court”  750 ILCS 25/8 ………………………………..     12-13

Trail Court retains jurisdiction over all matters not related to child

Support or health insurance [as well as parentage issues] for the

children and must resolve issues when the parents disagree with

the recommendations of the administrative law judge …………………..      12-13

1. “Judicial Hearings”  750 ILCS 25/9………………………………………………………………..      13

Defines under what circumstances the Trial Court regains

Jurisdiction over post-judgment child support and child health

Insurance support issues ………………………………………………………………..       13

1. “Child Support Payment Act” 750 ILCS 27 …………………………………………………..       14

Allows obligor to pay child support through a currency exchange ..        14

1. “Income Withholding for Support Act:  750 ILCS 28…………………………………….     15-24

Details the form of notice to be given to the Obligor

(750 ILCS 28/20(b)- p. 17-18),  by the Court Clerk and the payer

by the SDU, Clerk or other public officer (750 ILCS 28/20(g) –

p. 18, 750 ILCS 28/30 – p. 20), or Obligee if the SDU, Clerk or other

public officer is not Ordered  to be involved in support payments

supervision or providing notice to payer (750 ILCS 28/20(b)&(g) –

p.18); details how to deal with delinquency and how to penalize

payers who refuse to withhold……………………………………………………..  15-24

1. 10.   “Illinois Public Aid Code” 305 ILCS 5, “Determination and Enforcement of

Support Responsibility of Relatives” 305 ILCS 5/Article X…………………………………  25-49

“The Department of HCFS shall cause to be published and

distributed publications reasonably calculated to inform the

 public that individuals who are not recipients of or applicants

for public aid under this Code are eligible for the child support

enforcement services under this Article X. Such publications shall

set forth the an explanation, in plain language, that the child

support enforcement services program is independent of any

public and aid program under the Code and that the receiving of

 child support enforcement services in no way implies that the

person receiving such services is receiving public aid.”.………………….   25-26

“Access to records” 305 ILCS 5/10-9.5…………………………………………….    32

Mandates that both parents have access to all records from

The Clerk, SDU, and DHFS, except if there is an order of

Protection hiding an address or phone number,  then that

Address or phone number may not be revealed………………..    32

“Information to State Case Registry” 305 ILCS 5/10-10.5 ………………  37-39

Establishes a section in the Department of HCFS, Public

Aid Division that maintains all records of child support

Payment and enforcement, and requires that both parents

Keep the Department informed of address changes…………  37-39

“State Disbursement Unit”  305 ILCS 5/10-26………………………………..  46-47

Establishes the SDU under the supervision of the Illinois

DHFS which is authorized to accept and disburse child support

Payments as well as to inform payers of withholding orders

And penalties for failure to comply …………………………………  46-47

“Notice of child support enforcement services” 305 ILCS 5/10-28..    49

Provides that the SDU may notify the Obligor and payer of

Its services, as well as other parties………………………………….    49

1. “Title III, Consumer Protection Act”  Summary of authority and purpose of

15 USC § 1671 et seq. and 29 CFR Part 870 regarding maximum payments that may

Be withheld under federal law from Obligor …………………………………………….  50-51

1. 15 USC § 1671 et seq. Federal Wage Garnishment Law (Title III of the Consumer

Protection Act) & corresponding 29 CFR Part 870 …………………………………….  51-56

Mandates that when child support is an issue that federal and

State taxes have priority over child support or other debts.

Provides that child support has priority over other debts except

for taxes. Provides that if the Obligor is not living with and

supporting a spouse or child that no more than a total of

60% of net wages may be withheld from a paycheck and no

more than 65% of net wages may be withheld from a paycheck

if Obligor is more than 12 weeks in arrears ………………………………..   52-54