I know it sounds like overreaction however I have been victimized and humiliated over and over again. To understand you should know my story. I was married for 7 years to my high school sweet heart I ended the marriage after learning she was having other men's kids. During the divorce the original magistrate specifically tabled child support orders "until a later date".
A few years later I was hauled into court to enforce child support on children that were not mine. Seems easy right? Worst comes to worst genetic testing would prove it. Wrong. The Magistrate for this case decided that paternity had already been established by order of the court? What? surely this is not right. Not only did she not want to hear the facts she was belligerent toward me saying she had already decided and was not prepared to hear any more about it. Going so far as basically admitting she knew they were likely not mine, however she had no sympathy. So not only did my ex-wife's cheating destroy a family now I get to pay the price for her fun.
The question I am always asked if I signed the birth certificates, the answer to that is no, however I am listed as the father on both of them. How does that happen? well Colorado state law states when the court rules a person a father the birth certificates at too be changed and further more no trace should show on the birth certificate that it has been altered. The originals are to be sealed and may only be opened with the permission of; The court, and both parties if there is good cause shown. Colorado Statute to forge documents.
When we think of courts and the law we all suspect we will have an option of a fair trial by jury right? Wrong child support cases are the only cases not subject to jury trial . The bill of rights guarantee's our right to freedom and liberty, child support enforcement is subject to jail time, bank levies, and wage garnishment. How can those freedoms be assured when no jury of our peers is allowed to here the evidence? It all stems from the Federal Social Security act 42 U.S.C. § 666 (I) No right to jury trial. - Procedures providing that the parties to an action to establish paternity are not entitled to trial by jury.
It gets worse. A non custodial parent can have their support obligation increased for a variety of reasons. An increase in wages, custodial parent losing their job, or if the court deems it necessary. The kicker is its retroactive for an almost unlimited time. However the same is not true for the custodial parent for example I always provided health insurance for my kids despite the fact it was the custodial parents responsibility however I am neither entitled to a reduction of what I own nor a retroactive reduction in obligation.
To further add to the situation, the courts are allowed to deviate from guidelines when making calculations, for example if you made more money one year then the court can decide that's the amount it is based on regardless of your current earnings. If you were a successful real estate agent before the economy tanked and now are working at a fast food joint, they may still make you pay child support on the $70K you were earning rather that the $25K you now earn. I wonder why they don't want juries.
So why am I so fired up? well my ex was sent to prison for selling meth 5 years ago. It took me three years to find the kids, all the while paying child support to who I don't know because it goes to the state and they disperse it. No one from children's services would even call me back yet during this time they levied my bank account for $9,500.00 in past due support.
This insanity needs to stop, I am all for supporting my kids, but we need to be sure not to trample the rights of the innocent.
