Archive for the ‘Judge Timothy Murphy’ Category
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
Linda Lorincz Shelton, Ph.D, M.D.
XXXXXXXXXXX Ave.
XXXXXXX, IL 60XXX
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
- 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
- “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
- “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
- “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
- “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
- “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
- “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
- “Child Support Payment Act” 750 ILCS 27 ………………………………………………….. 14
Allows obligor to pay child support through a currency exchange .. 14
- “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
- 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
- “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
- 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
Written by Linda Shelton
January 11, 2013 at 2:20 pm
Posted in attorney misconduct, child protective service, Child representative, Cook County Courts, David Wessel, family court, Fraud upon the court, government corruptiom, Guardian ad litem, Illinois corruption, Jaquiline Birnbaum, Judge Alfred Levinson, Judge Andrea Schleifer, Judge Barbara Meyeer, Judge Bonita Coleman-John, Judge Carole Karmin Bellows, Judge Celia Gamrath, Judge Daniel Miranda, Judge David E. Haracz, Judge David Haracz, Judge Debra Walker, Judge Dominique Ross, Judge Edward Arce, Judge Elizabeth Rivera, Judge Fe Fernandez, Judge Grace Dickler, Judge Helaine Berger, Judge Hyman Riebman, Judge Jeanne Cleveland Bernstein, Judge Jeanne Reynolds, Judge John Carr, Judge La Quietta Hardy-Campbell, Judge Leida Gonzalez Santiago, Judge Lisa Ruble Murphy, Judge Mark Lopez, Judge Martha Mills, Judge Mary Trew, Judge Marya Nega, Judge Michael Bender, Judge Michele Lowrance, Judge Nancy Katz, Judge Naomi Schuster, Judge Pamela E Loza, Judge Pamela Loza, Judge Patricia Logue, Judge Patrick Murphy, Judge Paul Vega, Judge Regina Scannicchio, Judge Renee Goldfarb, Judge Sharon Johnson, Judge Thomas Kelley, Judge Timothy Murphy, Judge Veronicz B Mathein, Judge William Boyd, Judicial Misconduct, Self-Representation (Pro Se), Stop Corruption
Tagged with 750 ILCS 25/4-5, 750 ILCS 25/5-2, child custody, child support, Cook County Board of Commissioners, DHFS Administrative Law Courts, divorce, Expedited Child Support Act of 1990, Illinois Actions Subject to Expedited Child Support, Illinois child support enforcement, Illinois DHFS, Illinois non-custodial parent, parental alienation, PAS, Social Security Title IV-D program