Before you file for Bankruptcy: Read This

 

Bankruptcy is seen as a fresh start for many people.

Bankruptcy is prominently mentioned in the Constitution. Article 1, Section 8, Clause 4 of the United States Constitution provides:

The Congress shall have Power To…establish…uniform Laws on the subject of Bankruptcies throughout the United States….

Bankruptcy is a necessary option for those with a high debt to income ratio.  However, it does come with serious consequences. Your credit will be ruined for up to 10 years, the process will cost you atleast 1-2,000$ to file and lenders will be very weary of you.  As a Bankruptcy paralegal myself, I would not recommend anyone file for bankruptcy who has less than 10,000$ of debt.  Debts can be paid down, negotiated, and so forth without destroying your credit report! However, if you find yourself in the midst of a foreclosure or simply cannot see a foreseeable way to escape, then bankruptcy could be your best option. If you are thinking about this option, consider these 10 strategies.

  1. Pass the “Means Test”:  If you are single and make under $40,000 per year, you will most likely qualify for a chapter 7 bankruptcy. If you are married and your combined income is less than $80,000 per year, you will most likely qualify. Some couples will strategically file for separation during a bankruptcy process in order to reduce their household income, however, the bankruptcy trustee will investigate your living situation to ensure it is a legitimate separation.
  2.  Replevin Orders are often needed to recover property from a debtor, which require the creditor to take you to court. Small items such as toasters, Televisions, or any item that is worth less than $1,000 is often able to be retained if the debtor is brave enough to call the creditor’s bluff. Replevin orders cost money and time. In my years working as Bankruptcy paralegal, it is extremely rare to see any creditor file for a Replevin order on any item worth less than a grand.
  3.  Credit scores can be strengthened after bankruptcy if you obtain a secured credit card and pay it down fast after making small purchases.
  4. Do not purposefully rack up debts on entertainment(non-essential) items and then immediately file for bankruptcy. Most debts younger than 90 days are generally scrutinized and are considered “fraudulent”  debts in many bankruptcy cases.
  5. Chapter 13 bankruptcies will save your house  from being foreclosed upon, however, it will only buy you a few months. If you fail to make payments on your Chapter 13 plan, the foreclosure process starts all over again.
  6.  Chapter 7 bankruptcies will not clear out mortgages and auto loans.  Expect to give back those properties after your case has completed unless you enter into a “reaffirmation agreement”.
  7.  Negotiate your reaffirmation agreement with your lawyer or better yet, try to avoid signing into one! See if the creditor will continue taking payments at the same rate as before. Oftentimes, creditors will try to get you to enter into a new agreement with higher rates to benefit themselves.
  8.  Child support is a non-dischargable debt.  However, filing for a Chapter 13 Bankruptcy can help you reorganize your child support debt and save you from getting your drivers license suspended.
  9.  Student Loans and owed Tax debt are generally considered non-dischargable. In some rare circumstances, they can be discharged.
  10.  Show up to court! If you don’t get a notice in the mail from your lawyer, call him/her! Missing your court date can cause huge delays and possibly have your case thrown out. It is imperative that before you file for bankruptcy, you save up some personal time off from your employer. The judge doesn’t care about your excuses. If you don’t show up, it takes alot work from the lawyers, paralegals, and courts to get a new court date. Your lawyer and the paralegals who assist will certainly thank you for making their job much easier!

 

These are just a few basic tips when it comes to filing for bankruptcy in Chapter 7 and Chapter 13 cases. If you have any additional questions. Feel free to contact me at Naliniglobalconsulting@yahoo.com

 

-Randell Stroud

2018

I traveled the country to discuss family law reform

(Me at the congress building in DC- June 10th, 2018)-

On June 8th, 2018, my 31st birthday was fast approaching on June 10th. I decided that I needed to do something of epic proportions to celebrate this new stage of life. About 10 months ago, I published a report given to the United Nations titled, “Global Human Trafficking in the Family Law Courts”.  The UN didn’t give much attention to it, probably because it discussed issues uniquely affecting men instead of the plight of women, nevertheless, Amnesty International  in New York City reached out to me via -email about a week ago, wanting to meet up.

I have a huge fear of traveling alone, so this proved to be the perfect motivator for me to conquer two birds with one stone. I took a bus to DC, then a train to NYC, then a train back to DC, then finally an airplane flight back to Nashville,TN. I learned alot about myself on this journey.  Even though my main objective was to reach Amnesty International in New York, I spent most of my “getaway” in D.C., as I had a friend who lived there who offered to host me.  During my time in D.C., I made my way to the House of Representatives. For two days, I lobbied to them about family law reform.

A few weeks ago, Kentucky was the first state to pass a default 50/50 custody bill. A presumptive bill that would automatically grant fathers joint custody with minimal child support, so long as he didn’t have a criminal background. This is huge considering that the average man will spend 5-30K in court begging for equal rights. While I recognize the plight of women’s rights activists, the male gender faces its own unique set of challenges.

For two days, I visited more than 30 congressmen/women and their staff to discuss family law reform. I handed out copies of my report, business cards, and even stopped by the offices of Kentucky Congressman, Andy Barr, to  thank him and his state for being a leader in family law reform.  I visited congressmen in Texas, California, Rhode Island, New York, Tennessee, Maryland, you name it!

Most of the reception I got was very “lukewarm”.  Family law is simply something that isn’t discussed very much by federal politicians. Divorce, child support, alimony, custody,— these words bring falsely negative connotations associated with failure, infidelity, blackmail, and scandal. It is a topic that many politicians simply do not want to touch out of fear of backlash from feminist groups. While there are some women who are affected by the family law courts, men tend to bear the brunt of unfairness within these systems. To speak out against the family law courts will often garnish you a label of being a misogynist or an “MRA”. (Men’s Rights Activist). For some reason, society thinks its perfectly fine for a mother to have an abortion or give up her unwanted child for adoption, however, men who don’t want to be dads are called “deadbeats”, and the ones who do want to be dads have to spend a small fortune on legal fees to get basic custody rights while still paying child support on top of it.

As many of you know, I am a champion of foreign policy reform, tax reform, civil liberties, and plethora of other civil liberties issues. In fact, I submitted a report to the ACLU regarding civil asset forfeiture. Family law reform isn’t the only thing I care about, but it is very high on the list.

During my meetings with various congressmen, I was mainly left with statements such as, “I’ll look into this.”. However, I did get very good responses from congressmen in Maryland, Texas, and Georgia.  Maryland is one of the few states who has tough laws against leaving your children in a car unattended. Maryland claims to be a very “children concentric state”,  thus, I wasn’t too surprised that their offices actually gave me the time of day.

Tom Reed of New York wasn’t in his office, however, his staff associates were very nice to me and gladly took down my info and a copy of my report. I cannot say the same about some of the other offices that I visited who gave me such a cold welcome, almost as if they couldn’t physically see me standing in front of them.

I tried to visit my own congressman from TN for two days straight, congressman  Jim Cooper, however, he was away both times. He and I have had several run-ins back in Nashville, so I’m not sure how happy he would be to see me again, as I have already spoken with him about this issue several times.

(Me outside of Rep.Cooper’s office in DC.) 

While in D.C., I learned and recognized many things. The people in this city are highly educated on political matters, even the lowly beggars have a basic understanding of how bills are passed and the roles lobbyists play.  Protesting and demonstration occurred at the Congress and white house daily.  While attending a seminar at the Supreme court, I passed the congress building and noticed a group of ethnic Uyghurs, chanting and begging for the United States government to use their military might to save their people from the clutches of Chinese control.

Many libertarian and liberally minded people often shy away from interventionism as it causes much blow-back for our national security,  however, this demonstration made me rethink the US’s role in foreign policy. Perhaps our presence isn’t always shunned but actually welcomed in some places.  I suppose there are always two sides to every story.

As I left the congress building, I managed to get a peak at President Trump coming in from his trip at the Korean Peace Talk summit in  Singapore. The Secret service was in full effect with their rifles, clearing the streets of any nearby pedestrians including myself.

“Stand back! Make way!” – Secret Service agents

Later that day, I visited the white house and came across an interesting man who went by the name, “Felipe”.  He had an encampment set up across the street from the white-house. He had been in that camp protesting war, advocating for gun control, and attacks on civil liberties since 1982! That’s right! This man has not left his protest encampment since 1982! Talk about commitment! I engaged in an hour long debate with the man who sat disabled in his wheelchair. He had several degrees in political science, sociology, and psychology. While I didn’t agree with him on many points, I respected his diligence, and we both managed to agree that things like family law reform, and laws like the NDAA and the Patriot Act are bad for Americans in regards to personal liberty.

According to his testimony, there is a current law in place that says that no one is allowed to be encamped within so many yards of the white house, however, since the man had been in this place since 1982, (before such laws existed), he had essentially be “grandfathered” in, and is legally allowed to stay encamped in front of the white house so long as the camp remains occupied 24/7. Felipe is there most of the time, but has his father stand in his place when he needs to go away or take breaks.  Felipe garnished much respect from fellow congressmen, as two actually approached him and gave him a “fist bump” of acknowledgment.

   

(Felipe camped out in front of the White House, no civilians is allowed to pass the police line or else they could face imprisonment– even Felipe isn’t exempt from this law)

My next stop was the Library of Congress.  The world’s largest collection of books in the world.  Photographs aren’t allowed to be taken of the actual books, however, when I say that the collection was impressive, it is an understatement! The library consists of three large buildings which contain entire departments dedicated to a single subject. Do you enjoy Chinese history? Well, there is an entire floor dedicated to just that single topic! Do you enjoy mechanical engineering? There is an entire room dedicated to just that subject. The amount of information in those buildings is completely awe-inspiring. I constantly found myself speaking in a silent whisper, “This is incredible!”. , “Wow!”.

I visited the copyright office in the Library of Congress and met with one of their consultants who guided me on the process of submitting my own publication, “Global Human Trafficking in the Family Law Courts”, into the library of congress.  If my book is accepted, it would forever remain as my contribution to my country, my people, and to the world’s largest library.

 

After my adventures in the Congress, the Supreme Court building, the White House, and the Library of Congress, I accidentally came across an Amnesty International building. I thought to myself, “This could be a great networking opportunity, since I am scheduled to interview with them tomorrow in NYC.”

As I approached the building, there was a small security detail who was only letting badged members get in.  I tried getting in, but I had no formal appointment with the D.C office. However, I was determined to get a copy of my report into as many people’s hands as I could. So, I did what any rational activist would do.  I broke trespassing laws. I waited until the building’s employees returned from their lunch breaks. The wave of workers came hauling into the building using their badges to bypass security. I merely ducked my head-low and piggy backed into the building behind them. Without a badge I was only able to make it to the 3rd floor. Amnesty’s main office was on the 4th floor.

  (At Amnesty International In Washington D.C.)

So, I had to get creative. I found a fire exit with a staircase and managed to get on the 4th floor. However, I ran into another problem. Amnesty had an empty lobby with a single door that only allowed badged members once again. There was no secretary in sight. I called the interviewing office in New York City and told them I was in D.C. instead. This prompted one of their policy research managers to come to the lobby. She speaks out, “Who are you? How can I help you?”

I say, “I am set to meet with Mr.Solis in NYC tomorrow about a management position. ” She laughs and says, “They tell everyone that. Mr. Solis only hires for intern positions that pay 15$ an hour.”  I was a little annoyed to learn this.  So I reply, “Wow! Seriously? Well, I traveled all the way from Nashville,Tn. This is a report I have written regarding Family Law reform. Regardless of any job opportunities, I think you guys should look at this! I am a supporter of women’s rights activism, however, this is an issue of gender equality where the male gender needs some serious support!”.  The policy manager was hesitant to take my packet until I gave her my Nalini-Global business card.

At this point, she realized I was serious. She replies, “I will get this to our research department. This looks very fascinating. But, I’m sorry we can’t interview you here. You aren’t cut out for an internship anyways. Forget the NYC interview with Mr.Solis. I am going to take your report and see what we discuss further.”

I reply, “Thank you so much!”. She replies, ” I don’t know how you got up here. This is a restricted area. But, I admire your moxy! But, you have to go now!”. I reply, “Yes ma’am. And thank you!”.

After leaving Amnesty, I took a rest and headed up to NYC by train. The ride was three hours. On the train, I met many lobbyists and a woman from Italy who was here on vacation. We discussed music and politics for a good hour until the train staff told us to shut as other passengers were trying to sleep.

Upon arrived in NYC at Penn Station, I headed straight to Federal Hall. The birthplace of out government. It was a proud moment. Something that has been on my bucket list since the age of 20.  After getting in NYC, I arrived about an hour late, thus I was shut out of my interview with Amnesty. But, I didn’t care, I wasn’t happy about being lied to about an internship/canvasser position anyways. I needed to make some real money! Regardless, I was still on a mission.  After leaving Federal Hall, I visited “Wall Street”, the financial center of the USA. The power and corruption germinating inside the NYSE was overwhelming just as the city skyline was itself. NYC is not the place to go if you have anxiety or are prone to panic attacks.

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(Me in New York City in front of Penn Station) 

In NYC, everyone is looking to score something. Sex, drugs, money, a phone number, a free-ride, selling something. ect.. It is a very fast paced city that caters to the rich. My last action in NYC was to visit the UN building. To try and submit my report in person. I was blocked by security and wasn’t about to attempt to go further. This wasn’t amnesty international, this was a multinational governmental organization, I didn’t want to be arrested or killed. So, I took my loss and returned to Penn station the next morning. After all, as a state rep candidate myself back in Nashville, I still have a campaign to run myself!  During the train ride back to D.C, , I saw the poverty in Baltimore and in parts of New Jersey. It was a sad site. Like a third world country in some respects. Upon arriving in D.C., I stayed at a friend’s house and took a flight back to Nashville the next morning.

While this narrative is a summarized version of my experiences during this birthday diplomatic mission, it sums up my passion quite well. If this blog post were to be used in a job interview, it would demonstrate my passion to a high level unparalleled to any college degree one may possess, as anyone can remember facts and details in order to obtain a degree, but few can put their very lives on the line for a cause they believe in.

I don’t know how effective my actions were in this trip. Perhaps I wasted my time and money. Perhaps I am a fool for thinking that such a man from a lowly background of lower-middle class parents can actually make a difference in such a powerful city like D.C. or NYC. But, then again, I thought that same thing two years ago when I successfully fought to get a corrupt politician fired, county clerk, John Arriola. in Nashville TN.

Regardless of the outcome, the trip changed my life. It made me proud to be an America. It gave me a connection to this land unlike I had before. For all of it’s ugliness, I saw a certain amount of beauty in the process of politics and government. I did see remedies and potential in solving certain problems in an ever changing world. It gave me a sense of strength and confidence I never knew I had.

I do not know where my journey will take me next, as I will be ending the lease on my apartment in two weeks, however, wherever I end up next, you can take your money to the casinos and safely bet that my next chapter will be anything but boring!

To life. To liberty. And to the pursuit of a meaningful life.

-Randell Daryl Stroud

2018

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This book is saving the lives of young men- Family Law Reform now!

 

Did you know that men make up over 80% of all successful suicides?

Did you know that 75% of the homeless population is made of us men? Most of whom have been through a divorce?

Did you know that men make up 93% of the prison population?

Did you know that men are usually granted harsher sentences than woman for the same crimes committed?

Did you know that men only win full custody of their children less than 10% of the time in divorce hearings?

Did you know that men pay over 90% of all child support orders whereas they face felony charges for getting behind?

Did you know that a man can be locked away for years for a false-allegation of rape even after he is proven innocent? (see the Brian Banks Case)

Did you know that the Federal Government gives the state governments $1 for every $1 they collect in child support via Title IVD of the Social Security Act (Conflict of Interest!)

Did you know that under Israel’s “Tender Years Law”, men are not entitled access to their children for the first 7 years of their life?

Do you know how to reduce your alimony or child support payments so that you don’t fall into a cycle of prison and job loss? — Hint, they will never tell you how in court! They hope you fail!

 

If you have a girlfriend, are thinking about getting married, are going through a divorce, have been through a divorce, or maybe you are a young man who is entering the world on his own for the first time…… YOU NEED THIS BOOK!

Or perhaps you are a woman who simply wants to understand the opposite gender. (If so, then kudos to you!).  While we should recognize the unique struggles of women, this book highlights the unique challenges that men face, something that is rarely spoken about in the media since they expect men to remain silent and stoic.

This book is actually not a book but a report that was submitted to the United Nations regarding corruption against men regarding family law and criminal law. The UN rejected my report, thus I have decided to publish certain portions of it. The report was originally 54 pages long which contained personal information. This published rendition contains portions of the report to which I think the public could greatly benefit from.

This book can literally save lives!

It can be purchased on amazon —HERE 

You can read it for free HERE  (I urge everyone, especially law-makers to read this report

The report can also be read for free on my “reports” page found on this website if you don’t have any money to spare. However, proceeds from the book purchases will go towards fighting for your rights!

It costs less than $10. The information in this book could literally save your life.  If you have a brother, father, or male friend, this book is a must. And for those woman out there who are sympathetic to male issues, we salute you in your efforts!

DEFAULT 50/50 CUSTODY WITH $0 CHILD SUPPORT: If it is later discovered that there will be a disparity in custody and financial support is needed, cap the amount at no more than 20% of his NET income and/or a cap of $1,000 per month per child. Custody should be discussed BEFORE finances. Why is there a child support enforcement agency but no visitation enforcement agency?  Women should not automatically be assumed to be the primary care-giver! Remove the money incentives!

BRING ACCOUNTABILITY:  If Child support is to be paid. the money should go on a card whereas purchases can be tracked and challenged. Rent, Food, light bills, school supplies, ect. However, using that money for vacations or personal gain shall be barred!

DECRIMINALIZE FAILURE TO PAY- (How is incarceration or suspending driver’s licenses going to help a man earn more money?)

GIVE MEN PARENTAL CHOICE:  – If women can abort why can’t men choose whether or not they want to be fathers?  Follow Sweden, create a financial abortion clause. Men have 9 weeks to decide whether or not they want to take responsibility just as women have the right choice with abortion.

STOP THE FALSE ALLEGATION:  False allegations of rape, abuse, or battery should be criminalized to the same extent as if the accused were guilty. Stop allowing women to get off free with black mail!  (See the Brian Banks NFL rape case)

END THE CORRUPT TITLE IVD FUNDING:  States are profiting from making men have higher than normal child support orders. For every $1 they collect, the federal government matches the amount!

CAP CHILD SUPPORT: Men and women should not be able to profit from child support. $1,000 per month per child should be the cap, regardless of how much money the non-custodial parent makes. A child certainly would not need more than that to survive and thrive.

ALLOW FOR CASES TO BE ENDED: Even with arrears being owed, a custodial parent shall have the right to dissolve the case completely at any time. This will foster better cooperation between parents.

EQUAL REPRESENTATION:  Both parties shall be represented with council. Since child support comes with so many criminal sanctions and financial burdens, the state has a vested interest to provide counsel for both custodial and non-custodial parents. Currently, only custodial parents receive free counsel.

JOB PROGRAMS: Studies show that men who make atleast $42,000 per year almost never miss child support payments. Create job programs to help payers reach the national medium income.

END THE BRADLEY AMENDMENT OF 1986: This disregards a person’s ability to pay and forces them into prison. Being deployed in war? Get into a car wreck and become disabled? Doesn’t matter! The Bradley Amendment says you must pay or go to prison!

END FELONY CHARGES UNDER THE “Parental Responsibility Act” – This law says that a man/woman who falls behind more than $2,500 dollars can face felony charges. This can ruin a person’s job prospects indefinitely. Considering that most Americans live paycheck to paycheck, falling behind is easier than ever.

Effects:  Men are more likely to commit suicide after divorce due to financial uncertainty and emotional baggage from being alienated from his children. Children who grow up with strong figures are 7 times more likely to commit violent crimes in the future.

USE SAME-SEX MARRIAGE AS A JUDGEMENT MODEL : In same-sex divorce cases, custody must be given based on merit, not on gender. While 50/50 custody should be the default, full custody should only be given based on merits alone.

GLOBAL EPIDEMIC:  Germany, Japan, Israel, Canada— These atrocious laws are effecting people (mostly men) all over the globe. In our pursuits for stronger rights for women, we have totally discarded the feelings and contributions of men and their important role in our family society.

 

FATHER KILLS HIMSELF DUE TO CRIPPLING CHILD SUPPORT AND ALIMONY

 

 

 

-Randell D Stroud

 

Custody Battle ends in Tragedy

For many, becoming a parent is a milestone. A moment when a human being realizes he has the power to shape another life into a beautiful creation. However, this was not the case of Richard Anderson of Orange County, California.

It was a cold November morning when Richard Anderson heard a knock on his apartment door.  His girlfriend asks, “Go see who it is”.  Anderson answers the door as he wipes the crust from his sleepy eyes.  Upon opening the door, he sees a familiar woman. Vanessa Crawford, his former girlfriend that he broke up with 3 years prior. He has a small boy with her. Crawford exclaims, “This is your son, let’s be a family again…”

Anderson goes into a panic and slams the door. His girlfriend, Jasmine, shouts, “who is it honey?”  Anderson nervously yells back, “It was the paperboy…”

3 days later, Anderson receives an e-mail from his ex-lover from 3 years ago.

“Richard, I’m so sorry I didn’t tell you. We had a bad breakup, and I always wanted kids, you didn’t. I must have forgotten to take my birth control pills. I always wanted a child, so I was happy. My older brother has been supporting me, but, he recently kicked me out. I know I cheated on you before, but, that was a mistake. If you get back together with me, I promise not to take you to court. We can work this out!”

Anderson ignored the e-mail. He could feel his stomach beginning to cramp. What is he to do? Is this child even his?

1 month later, Mr.Anderson receives a letter in the mail from the Orange county Juvenile court house, stating that he was being subpoenaed to submit to a DNA test. Should he not comply, he would be arrested. Anderson arrives one month later to submit his DNA test. The result showed that he was indeed the father.  A subsequent child support/custody hearing would be set 30 days later.

Anderson decided it was time to come clean to his girlfriend about the child. Devastated at the news, she decides to break up with him. Now Anderson lives alone in his apartment, with all household bills laying upon his shoulders. Anderson became very depressed, but, he had a decent job, he could manage. He made 25K per year in salary. He worked as an office manager for a Construction company while moonlighting as a law student. His dream was to become a lawyer or a politician.

Soon, his court date arrived.  Anderson and his ex lover, Vannessa, approach the stand. Anderson is without a lawyer, since the courts do not provide them in civil cases. Vanessa is being represented, for free, by the state government. Vanessa explains all of her expenses towards the child. The judge’s assistance looks over both the mother and father’s income through their pay-stubs and tax returns.

The assistant plugs the numbers into an arbitrary computer program that calculates income and expenses such as daycare, after school programs, ect…

The assistant comes back with two pieces of paper. One for the mother and the father. The paper states that the father will be ordered to pay $645 per month in child support.

The mother then raises her hand, “what about all those months I raised him before we went to court?”

The assistant does more calculations. Five minutes later, she comes back with a new piece of paper stating that the father was being ordered to pay $8,459. in retroactive support, going back to the time of the child’s birth. an extra $5 per month would be paid towards those arrears with interest accruing at 12% per year.

The father lashes out, “I didn’t even know he existed? How could I have supported him?”   The mother’s attorney responds, “That’s neither here nor there now.”

The father then asks about whether he will be able to see his child. The mother says she will allow the father to see the child 4 days per month, supervised. The judge agreed that this was acceptable. The judge advises the father, “If you want joint or full custody, you need to hire an attorney and fight for it. You are also barred from leaving the state without court permission.  Case adjourned!”

Anderson is later fired from his job because the court date required him to miss work. He didn’t have any vacation time. Luckily, Anderson finds another job very quickly making about $10 per hour.

A few weeks later, Anderson noticed that his usual $400 per week check was now only $250. The Child Support Garnishment had now begun.  He then receives a text message from the mother who now has her own apartment. Apparently, her wealthier older brother was back in her good graces and was also funneling her money.

“It’s almost 7:30. If you don’t get over here at 7:30, you’re not seeing him. That’s the time we agreed on.” , the mother yells to Anderson.

Anderson rushes through his after work traffic to get to her apartment. He barely makes it. The mother opens the door, “You were almost late”.  Anderson attempts to play with his son and even snap a few selfies together while the mother uses the restroom. He whispers into the boy’s ear, “I’m sorry I put you in this crazy world son. I love you so much. I’m so sorry you got trapped in this situation.”

The mother exits the restroom. “What were you saying to him?” The father says, ‘Nothing”. The mother responds, “Don’t brainwash my son! If you aren’t going to move in and be a family with us, you can stay out of our lives. What is it going to be? Stay with us, or pay child support?”  Mr.Anderson, not being able to afford his apartment, decides to break the lease, and get back together with his ex as an attempt to salvage the situation.  Vanessa, his child’s mother, constantly makes demands over Mr.Anderson. Ridiculing him in front of the child, and making threats such as, “If you don’t do what I say, I’ll report you to the child support office.”  Mr.Anderson reaches out to his father, who is excited to be a grandad, but is worried about the situation. He tries to appease the mother by buying her a car so that he too can be a part of his grandson’s life.

For weeks, Mr.Anderson and his father do their best to be a good father/grandfather towards the boy. The mother makes constant demands towards them both. Asking for gifts, favors, and other errands be ran for her.  After about a month, Mr.Anderson can no longer take it. The constant fighting, arguing, jealously, he suddenly remembers why he left her 3 years ago.  Mr. Anderson contemplates moving in his father, however, he has a new fiance and she isn’t looking for any roommates.

Grudgingly, Anderson decides to move back home with his mother who had divorced his father 15 years prior.  Mr.Anderson’s mother herself exhibits similar qualities that his ex-lover has.  Many negative emotions and demanding attitudes. However, because of the child support payments, he cannot afford to go anywhere else. He agrees to pay his mother $100 per week rent to stay in his old childhood room.

In the meantime, Mr.Anderson takes law courses in his free-time and is looking for a higher paying job.  He still has a dream to one day become a lawyer or perhaps even just a highly respect clerk. Months go by, and Anderson has not seen his son or heard from the mother. She has blocked all communication and threatened to put restraining orders on any of Mr.Anderson’s family members who attempt to come near the small boy.

Essentially, the boy has been completely alienated from his father’s side of the family. Friends and family encourage Anderson to take her back to court, yet, none offer any help for legal fees.

Anderson struggles for the next year. Working, saving, studying, trying to better himself. He even manages to get a new girlfriend. Yet, it only lasts a few weeks once she discovers he is broke from his legal dilemma and is a 28 year old man still living at home.  Just days after this break up happens, he receives a letter in the mail.  A notice from the Child Support Enforcement Agency.

:Due to your arrears being over $7,000 dollars, according to federal law. Your passport is now revoked. We will also be intercepting your tax refunds and reporting this debt to the credit bureau which will negatively impact your credit score. 

Mr.Anderson tries to argue back in writing stating that the amount was from retroactive support, and he was making $5 payments towards it. The agency didn’t care….

Anderson finally finds a new job 1 year later making 32K per year. The monthly child support of $650 per month is still a challenge, but atleast he able to save a little more money now.  Anderson later discovers shortly after getting his new job that the courts automatically notify the mother of this change, thus giving her the chance to modify for an increase. The mother hasn’t been in contact with Anderson for over a year and has been getting her money, so Anderson isn’t too worried about it.

Weeks later, Anderson makes another discovery.  The mother’s brother, who she has living with her, is wanted by the FBI for molesting several underage women. Anderson becomes very distraught and notifies Child Protective Services. They respond by saying that, “Unless the child himself is being abused, with evidence, there is nothing we can do. He is abusing other people, not the child himself.”

After a quick google search, Anderson discovers that the mother is parading the boy around on Youtube making funny parody videos, profiting off the boy’s image, showing off expensive luxury items, most likely purchased with Child Support money.

Anderson becomes very agitated.  He reaches out to the mother by e-mail, letting her know that he is aware of these developments and seeks to sue her in court for custody. She responds by saying:

“If you try to fight for custody, I’ll raise your child support. I know you have a new job making more money now. My chances of winning modification of support are much higher than you taking a child away from his mother. I’ll gladly fight you in court as much as you like. Good luck paying child support and lawyer fees! haha 🙂 … ” 

Anderson knew she was correct. Even if he did manage to secure some type of visitation or custody, she would financially drain him even more and/or involve herself in his life even more, ruining relationships along the way and increasing his stress.

Ultimately, the hatred for this vile woman was more powerful than his love for a son that he only got to see on a handful of occasions.  Anderson was tired. He remembered what it felt like as a boy being estranged from his own father, and the brainwashing that his own mother attempted upon him.

Anderson decided to move on. He was going to strike out on his own and attempt to find his own apartment. Start over again. There was one problem. His credit was ruined due to the child support. No landlord would accept him, even though he had cash on hand to give. He had saved up $3,000 to get himself a place, but no one would lend or rent to him due to his credit score being so bad.

Anderson gets into his car to drive to the next apartment complex to inquire, but the engine doesn’t start. The crankshaft is broken. It will cost him $1,200 to repair. He returns home to his mother’s house, who now has a new alcoholic boyfriend. He witnesses the man slap his mother. Anderson attacks the man, finding himself in yet another court battle. The charges are dismissed.

Anderson vows to never live with his mother again, who he secretly resents for destroying his own father in a nasty divorce 15 years prior.  Anderson bounces around from friend to friend, family member to family member, looking for a place to call home. After a few weeks, every arrangement begins to become tense, forcing him to constantly move and seek survival while attempting to save every penny he can.

All the while, Anderson is seeking higher paying jobs. A few interviews here and there, but nothing so far. Eventually, a job out of state calls him, stating they are willing to pay him a salary of 50K per year.  Anderson jumps for joy, however, if he takes the job, he will have to get it court approved or he will be held in contempt, and his child support is likely to increase two fold. Negating the prospect all together. Anderson deliberates for weeks, until one day, the employer calls him to let him know the job was given to someone else.

With no one to turn to. Anderson is confused and drained. Emotionally. Spiritually, Physically. And financially. He feels as if every choice he makes has some sort of pitfall at the end of it. He feels stuck ,trapped, and enslaved.  He begins drinking regularly to cope with the constant thoughts going through his mind. “One more medicated peaceful moment…” he whispers to himself as he drinks his 4th glass of red wine whereas he slowly falls into a drunken sleep.

The next morning, he gets a call from his mother. “You got mail at my house. They are suspending your driver’s license because of your arrears. I guess because of the retroactive support….”

Anderson calls the Child Support Office to once again explain that he is not in arrears. He pays on time every week. The amount is simply caused by retroactive support during months he was unaware of the child’s existence. The child support office agrees to reinstate his license, but warns him that every 6 months they will send him a letter reminding him to pay off the back support that is accruing with 12% interest each year.

Anderson replies, “Yes, I am well aware of the extortion process!” , and hangs up..

It took the offices 6 weeks to reinstate his license. In the meantime, he had to drive to and work in constant fear that he would be pulled over and arrested for having a suspended driver’s license.

Weeks later, Anderson goes into his office. Tired and stressed as usual. A co-worker walks in and places 12 files on his desk and says, “We need these processed by the end of the day and you’re on reception duty today also. Don’t let these phones ring more than twice before answering”.  Anderson nods.

Anderson walks to the bathroom and begins to feel a little lightheaded. He faints and hits his head. He wakes up in the hospital. The doctor states that he is suffering from bradycardia. A heart condition that is making his heart beat too slowly. They want to implant him with a pacemaker. Anderson refuses and walks out of the hospital, still in his gown. The nurse stops him and says, “State law says that because you lost consciousness, you are not allowed to drive for 6 months.” Anderson keeps walking and gets into his car and drives to an old church he frequented as a boy.

As he sit on its steps, praying, sobbing, crying out to god, he says, “Am I to be a slave for the rest of my life? Am I just a battery for everyone else?” He sees a playground across the street. He takes off his belt and attempts to hang himself from the swingset, crying uncontrollably, wishing for the pain to go away. He ties the belt tightly around his neck, and suspends himself from the playground swingset. The belt breaks after a few seconds.

Anderson lays on the ground, with a purple face, gasping for air.

It was at that moment that Anderson knew. He knew that he wanted to live. He wanted to be in love. To have a wife. To have another child with a woman he actually loved. To stay alive long enough to atleast tell his son the truth. To maybe even teach him to be the man he was supposed to be.  Anderson was no longer just at war with the mother of his child, the authorities, and the bill collectors…..Anderson was now at war with himself.

Anderson returns to work the next day to discover that he has been put on a warning list. If he misses one more day of work due to court or illness, he will be fired.

Anderson looks at his desk. Stacks of applicants looking to obtain credit with his employer, a credit company. Most of the applicants he noticed are in a similar situation as him. He hears the same stories everyday, and has to explain why these people are denied for credit applications.

Anderson takes a swig of the Brandy he hides in his desk at work. He loosens his tie, looks up at the ceiling and says….

“Everyone says men are pigs, but no body complains about bringing home the bacon.”

Anderson looks down at his phone.

It’s a notification from his Facebook account.

His ex-girlfriend who had left him almost two years ago, Jasmine, she is now having a baby of her own with her new husband.

Anderson begins to tear up, and says, “That should have been me.”

Anderson leaves his job without clocking out.

His co-workers ask him where he is going. He doesn’t answer.

He gets into his car and speeds down the interstate going the wrong way.

Anderson is determined to kill himself.

He crashes into a car going 120 MPH.

He dies upon impact. The other car has two named victims.

A woman and her son.

The same woman he had a child with, and the same son that he called his own.

He had unknowingly collided with his former lover and son. All three, now deceased.

Because of what?

When a mother and father fight…

When the sun and the moon argue,

there will be nothing but tidal waves and earthquakes.

And the children of the sun and the moon will bear the weight of this destruction.

CBS- ACTION NEWS

 

2017

Nalini-Global

Randell Stroud

*Fictional story written to illustrate a parable.

 

 

Child Support Enforcement Agency, “We don’t care if you see your child.”

September 23,2017-

On September 23rd, 2017,  Memphis Legislator , Antonio Parkinson, held a “Block Party For Peace” event featuring a Townhall meeting with the Child Support Enforcement Agency. Onlookers had the chance to address concerns with the agency and lawmakers directly. In attendance was, Kenya Rahmaan, founder of the child-support reform organization known as the “Child Support Hustle”, with radioshow host, Marcus Echols, on deck. The CSEA sparred with Rahmaan and Echols regarding Child Support Issues. After an intense debate, a moderator opened the floor to the audience.

(Marcus Echols, Kenya Rahmaan, and Randell Stroud of Nalini-Global)

I had the chance to approach the stand and ask several questions. I asked the following questions…

“If homosexual couples divorce, there is no man vs woman scenario. The courts are forced to look at the situation equally as far as custody goes. Why can we not treat heterosexual divorces with the same eye?”

“Why don’t fathers receive representation and case workers to assist them? Under Civil law, we are not entitled to representation, however, with so many criminal sanctions being threatened, why not make an exception?”

“Why is there a child support enforcement agency but no Child Visitation enforcement Agency?”

The CSEA responded by saying that they are a “IV-D” federally funded agency, whereas custody issues  were not important to them. The representative from the CSEA said, “I know this sounds bad but, child support has no bearing on custody issues..we are a IV-D Agency”

(see video above)

What is Title IVD of the Social Security Act? The law states that, for ever dollar received in child support, the federal government agrees to pay the state with a matched amount in the form of a grant. More or less— They are making money from child support! Thus there is no incentive for shared parenting without child support being needed.

I tried to follow up with more questions but was quickly  ushered away.

Afterward, I had an opportunity to speak with Rep.Parkinson. I handed him a copy of my shadow report, “Global Human Trafficking in the Family Law Courts.”  

(Stroud and Rep.Parkinson) 

Mr.Parkinson did his best to remain neutral, but did agree that reform was needed. In fact, Mr.Parkinson himself sponsored a bill just last year that reduced retroactive support from indefinitely to 5 years.  A major step at reducing criminal arrearages for new child support cases.

Our dream is to eventually see a norm of default 50/50 custody. There should be no presumption that women are more qualified to be custodial parents based solely on gender.  Default 50/50 custody with no order of child support, unless otherwise warranted, should be the standard.

Regardless of where you stand, nearly everyone can agree that the family law system is in need of a serious update!

Stay tuned!

-Randell D Stroud

Nalini-Global 2017

10 ways to Improve Family Law

 

The current model governing family law courts is extremely outdated and archaic. It is governed by a 1950’s chauvinistic view towards marriage and parentage. Men are expected to be emotionless, robotic-breadwinners whereas women are expected to be keepers of the home and children.  Women now work. The economy is in shambles whereas even those who are not burdened with child support or alimony are forced to work two jobs to stay afloat.  Below, I have proposed 10 ways to drastically improve fairness in the family law courts.

1. Remove presumptions:  When a man and woman enter into a courtroom, the presumption is that women are already the custodial parents who deserve child support. The courts should presume that both parents are equally shared in their rights. There should be a presumption of 50/50 shared custody with no mandate of child support payments.

2. Repeal Title IV-D of The Social Security Act:  This law states that the Federal Government will give $2 to the State government, for every $1 they collect in Child Support payments. This creates an automatic incentive for courts to set high child-support measurements. The extra money awarded to the states also does not benefit the children, it goes into “slush” funds.  There is no basis for the state to receive profits in these cases. It creates a conflict of interest.

3. Limit the Child Support Enforcement Agency’s Power:  CSEA administrators should NOT be acting as judges. They should NOT be issuing and calculating child support orders. They have no authority to hear special circumstances, to forgive debt, or to deviate from normal guidelines. It is costing tax payers over 3 billion dollars a year to staff and maintain these agencies which probably shouldn’t exist to begin with or should atleast be severely downsized.

4. Give equal representation:  Under the constitution, in criminal law, defendants are entitled to representation even if they cannot afford an attorney themselves. In child support cases, the state is a profiting party that has vested interests. The petitioning party is backed by the Child Support Enforcement Agency with incentives being paid to the state via Title IV sec D award payments.  While child support cases are technically considered “civil cases”, the repercussions and complexity of family law are very severe; not to mention a child being involved. If the courts truly believe in the best interest of the child, they will seek to properly represent and protect both parents. Fathers who feel protected and considered are much more likely to accept their duties if they don’t feel so scared and alienated from the process. This is why I believe both parents should have court appointed advocates to give everyone the best deal. Happy parents= Happy children.

5. Build up Non-custodial Parents:  According to my research, parents who make under then national medium income ($42K) per year, are considered at “high risk” for going into arrears.  Fathers or (NCP’s) who make under $42K per year should be given the option to complete job programs in lieu of sanctions. If the courts can offer programs that will help the paying parent reach that benchmark of $42K per year, they will become “low risk” at falling into default.

6. Remove Crippling Sanctions:   The courts can garnish their wages, seize their bank accounts, liquidate their properties, do whatever you want to recover owed child support payments. However, do not suspend a person’s driver’s license and do not incarcerate them. By doing either, you severely limit that person’s ability to earn an income. They get caught into a cycle of jail, accumulation of debt, and a destroyed resume. No one wants to hire someone who has a record. And if you live in a city that has poor public transportation, getting back and forth to jobs can become extremely burdensome, thus limiting job opportunities.  Debtors prisons were outlawed for a reason. To transform someone’s child into a source of someone’s imprisonment is a crime unto itself.  A married man who doesn’t provide for his child is left alone by government, however an unmarried man is subject to discrimination.  Find out why the parent is unable to keep up with the order and in the “best interest of the child” make it easier for the parent to be able to keep up with the order!

7. Let both parents opt-out:  Women can legally murder their children via abortion and thanks to “Safe Haven Laws”, they can also drop off their children at Fire-stations or Police Departments with no questions asked. A woman who makes the decision that she is not emotionally or financially ready to be a mother is given the option to choose parentage. Men are told to suck it up or face prison. The parameters found in states that allow abortion, should also apply to men. Up until a certain point, determined by law, a man should be able to dissolve his desire to be a parent just as a woman can. Many will argue that it will create more welfare dependent mothers, however, we must consider many things. The federal government can spend 1 trillion dollars on unconstitutional wars in Iraq and Afghanistan, yet they complain about a welfare spending that takes up less than 5% of the Federal Budget? Also, who says the government has to distribute foodstamps in the first place? If the federal government can afford to give states $2 for every $1 they collect in child support, then they can afford to feed and house poor people.  The Federal Reserve printed up billions to bail out corporations, why not bail out the people?

8. Cap amounts and Spending:   It is outrageous that a custodial parent can claim $10,000 a month just by getting pregnant BY a wealthy person, perhaps even get HIS house too! With the magic of “no-fault divorces”,  someone can literally get pregnant by a wealthy man, divorce him for no reason, and take half of his assets for the next 18 years.  Caps need to be developed based on cost of living in the state, so that divorces are not incentivized for those looking for a quick lottery ticket!  Additionally, the paying parent needs to have tools available to hold the custodial parent accountable for how his money is being spent. Custodial parents should be given prepaid cards that are trackable.  Housing, Food, day care, school-supplies, medical expenses, clothes,…..these things would be acceptable charges. However, if the custodial parent used the card to buy alcohol, vacations, TV’s, and other non-essential items, those charges would be disputed. This card system could create an argument that the custodial parent needs more money and/or less. Another option could be to use the left over money at the end of every month and have it automatically go into a trust fund for the child and/or to be applied to arrears.

9. Create a Child Visitation Enforcement Agency:  Parental Alienation is a HUGE epidemic. Fathers have to spend thousands of dollars in legal fees to get basic access to their children with no help from the state. If there is to be a child support enforcement agency, there needs to be an agency or hotline for non-custodial parents to call if they are actively being denied access. In many cases, fathers go years without being able to see their kids because of expensive legal fees, phony restraining orders, and cooperative mothers.

10. Mediation first- Court Second:  Before a mother and father ever see a judge, both parties should be required to attend mediation first. Have a worker use the child support model as a starting point, then allow each parent to discuss and negotiate with one another and come to agreeable plan. If the parents cannot communicate properly or the order is later deemed insufficient, then the judge can step in and give his own calculated orders. My point is, give the parents one last chance to solve things without government intrusion!

These are just a few ideas I have. This idea that we must punish and throw people in jail only works on those rare individuals who CAN afford child support yet choose to hide their assets or use trickery. However, most of these laws, albeit well intended, end up turning the middle-class and poor into criminalized debt-slaves.

Earlier this year, I submitted a 54 complaint to the Human Rights Council in Geneva,Switzerland addressing the global epidemic of unfairness in the family law courts around the world. A portion of that report can be found at https://naliniglobal.wordpress.com/human-rights-reporting/

“Global Human Trafficking In the Family Law Courts” 

 

-Nalini-Global

2017

Going to Child Support court? Read this

 

In the eyes of God, before anyone enters into a court-room, both father and mother are the full fledged guardians of a child. Before a couple enters into the family law system, there is no one regulating the terms and conditions of parenthood, household income, time spent with each parent, ect. However, as soon as you add a judge into the mix, lives can be forever altered by an ordinary human construct. The Family Law Courts!

Custody spats, Child support, alimony, these are all terms that send shivers down the spines of many. If you are a non-custodial parent or custodial parent, entering into the family law system, please consider these tips moving forward to ease the struggle of your unique family structure.

Non-Custodial Parent:

  1.  Get a DNA Test! : This sounds like a no-brainer, but you’d be amazed at how many men are paying child support for a kid that is not biologically their own.  Unless there is a prior adoption agreement, no one is legally obligated to pay for someone else’s child.
  2. Consider communication:  If the child is yours, make one last effort to communicate with the mother. What are your goals with the child? What are her goals? Does she want to keep the child? Do you want to be a part of the child’s life? Are you both financially sound? If you two can both find an agreement without involving the government, this will be your best bet. However, if any financial support is given to either party, keep receipts of everything. The custodial parent, (who is typically always going to be the mother in the eye’s of the family law system), can bring the case before a judge at any time and thus sue you for retroactive support. Without any evidence of prior support, you could be on the hook for thousands of dollars.
  3.  Consider your income:  When a child support case is brought to court for the first time, the court will ask for your previous year’s tax return and proof of income from the last two months.  If you know that you have a case coming up, it may be in your financial interest to research how your income levels will be considered. If you have been working three jobs for the last two months before your court date, the courts will consider that income for setting guidelines on how much you are to pay each month. While I do no advise anyone to do anything illegal, maneuvering within the rules (while still adhering to them), in order to survive the eventual 50% garnishment of your income that is soon to take place, is a worthy survival tactic.
  4.  Never let an administrator set the guidelines for support! The child support enforcement agency will often  sell the idea to you that a judge is not needed. They will first appoint an administrator to have a meeting with you and the “custodial” parent. During this meeting, they will calculate income and expenses and then come up with an arbitrary number. That number will always favor the custodial parent.  Never agree to their offers! Always demand that a judge make a ruling on the numbers. Remember, only the judge can make deviations from the  state guidelines. The Child support enforcement administrators cannot make deviations, in fact, they are encouraged to calculate high numbers so that they can collect bonuses from the Title IV section D grant money that is linked with child support collections. However, if you demand to speak with a Judge, he/she may or may not, consider the fact if you have medical expenses, outrageous rent, or other factors that impact your ability to earn income. If the judge is compassionate, you may get lucky with a ruling that is slightly lower than the recommended guidelines issued from the Child Support Enforcement Agency. However, the administrators will never tell you this because they know you are intimidated and do not wish to sit in a court room all day. While the administrators can quickly draw up an order and get you out of their offices, in the long-run, it may not benefit you.
  5. Be Careful with Modifications:  Just because you think your child support is too high doesn’t mean a judge will agree. If you seek to modify your child support order, you may end up paying more! Especially if you have earn more income than you did previously. In some states, CSE (child support enforcement) will automatically raise support amounts if the NCP (Non custodial parent) gets a higher paying job. It is a deadly cycle. Get a higher paying job to afford a child support order, only to have it raised again! Only seek modification if you experience a sharp decrease in earnings and/or you lose your job.  Major medical expenses coming from a surgery or foreclosure may warrant a temporary reduction but can be risky. Consult an attorney!
  6. Challenge Expenses: In child support cases, you will be made to pay for half of any day-care or medical costs. Be sure to challenge any receipts that appear home-made.  These extra expenses can inflate child support payments very quickly, especially if the other parent is embellishing the amount they are paying for child-care costs.
  7. Ask for mediation:  Many courts will offer a no-cost, one-time, mediation session between you and the mother. This is your last ditch effort to sit privately in a room with you and the other parent to negotiate a parenting plan and/or to make voluntary reductions in support. While mediation can be extremely helpful if both parties are logical, it is still up to the judge to agree with the terms.
  8. Consider settlements or Forgiveness:   If you get behind in child support, you may be able to offer settlements to avoid jail time. If you owe $10,000 for instance, you may be able to offer the judge a $6,000 settlement to avoid jail-time without having to pay the remaining three.  Some states even allow for forgiveness of child support debt if you have a good excuse such as medical problems and you are showing good faith to look for employment.
  9. Study Turner V Rogers-  This supreme court case outlined that non-custodial parents should only be jailed if they are willfully refusing to pay child-support payments. Being unable to pay does not warrant one’s life or liberties to be suspended. It must be proven before such aggressive tactics can be implemented against the non-custodial parent.
  10.  Study State of Minnesota V Nelson-  In this case, Mr. Nelson was behind over $80,000, on child support, however, he was still caring for and nurturing his children, i.e.- “Supporting”, therefore the supreme court reversed his felony conviction of failure to pay child support.
  11. Study  Coull vs. Rottman –  In this case, Mr.Coull was absolved of paying any child support due to Ms.Rottman alienating the child from Mr.Coull. The courts found that Ms.Rottman had no bases to ask to support if she was adamant on not allowing the father to partake in the child’s life despite him being fit to do so. This is a rare case decision, but very thought provoking.
  12. Consider International Law: 1976 Article 11 of the ICCPR – International Covenant on Civil and Political Rights – came into effect stating, “No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation.”  This international obligation contradict many countries’ domestic laws that allow for civil jailings. The United States being one of the chief offenders in not adhering to the provisions in this international agreement. Nevertheless, it is still noteworthy.

Custodial Parents:

  1. Communicate:  Do you want this child? Does he?  Is abortion or adoption being considered? Can you sit down with him/her and have an open-dialogue about both of your futures?  If the child has already been born, still communicate! Do everything you can to handle the situation without court involvement.
  2. Welfare-  Many states will not issue welfare to struggling parents unless they name both parents and/or agree to put one of the parents on child support. A good remedy is to have the entire family apply together, however, this often times makes one ineligible because your income bracket may be too high.
  3. Do not alienate your children:  If you are receiving child support, you are NOT a single parent doing it alone, you are getting help.  Even if the other parent is not able to financially provide, if they are showing love to the child, you should not get in-between that bonding process, to do so can cause severe mental and emotional scars to the child that can make them more susceptible to  deviant behavior as an adult not to mention the emotional damage done to the parent who is being prevented from seeing the child. No body wins in alienation.  Children are not bargaining pieces..
  4.  Spend wisely:  If you receive a good amount of child support every month, use what money is left over and put it in a trust fund for the child’s future education. Many custodial parents like to use child support funds to spoil their children with toys or even themselves. In the long run, it does nothing for your children. It is called “child support”, not an entertainment fund.
  5. Reconsider enforcing penalties:  Asking a judge to suspend the other parent’s drivers license or to have him/her incarcerated only hurts you and the child.  Such penalties will make it harder for him to find and keep employment, thus reducing the chances that you will ever see a dime in child support.
  6. Rethink “Support”-  Many custodial parents are extremely protective of their children, since they usually spend the most time with the child while the other parent is usually busy trying to keep up with child support or alimony payments. If you truly need “support”, do not fight “joint custody”. This way you have one parent taking responsibility half the time, and the other parent doing half the work. In many cases, child support may not even be warranted, in this case, everyone can win. If it isn’t about the money, and you can check your emotions at the door, then joint custody shouldn’t be an issue.
  7.  Become an advocate- About 92% of the time, women end up becoming the custodial parent. As a custodial parent, you have a lot of power. Don’t abuse this power! Use it to advocate for equal parenting rights.  I am reminded of an old saying, “Those who desire to give away their power are the most powerful indeed.”  or as Confucius would say,  “Those who wish to secure others, has already secured himself.”

Both parties

Be mindful of eachother! Neither parent is in a particularly “easy” situation. While the non-custodial parent will become stressed out about meeting child-support criteria, the custodial parent will become stressed out with the rearing of the child, transporting the child ,ect. Try to put yourself in the other parent’s shoes and practice empathy. If both parents can do this, it will make it easier for each of them to work together for the sake of the child and potentially remove the disagreements that lead to one of the parents allowing the government to regulate their family affairs.

While the media has given much coverage to the narrative of the “struggling single mom”, whereas “Men need to step up for face the consequences”, I believe that a new narrative needs to be introduced to the general public. One that considers the history of gender relations and how modern developments require us to look at the situation of family disputes through a modernized “looking glass”.

This publication includes the un-redacted portions from a report that was submitted the Human Rights Council in Geneva and to several other human rights organizations and/or governing bodies such as the United States Department of Justice. The original report was over 50 pages long, however, the sections shown in this publication exclude personal documents that are privileged to confidentiality. I pray that those who take the time to read this report will walk away with a better sense of how the modern family law system operates, who is being marginalized and what we can do to reduce its over-reach into our personal decisions. After all, true “freedom”, isn’t the just the ability to make a choice, but to also suffer the consequences of a choice.

“Freedom”, teaches us that consequences rarely need to be administered by government, but rather by the laws of nature of karmic retributions, principles that no man-made legislation can create a loop-hole for.

God-speed.

-Randell D. Stroud

 

How to settle Legal Matters- A basic guide for Newbies

 

“Money makes the world spin”.  It’s a phrase that we all know very well. Credit cards, alimony, child-support, mortgages, student loans, business loans, ….with a current 19 Trillion debt, the United States and its citizens are buried in financial problems.  But, there is one thing that most of these aforementioned debts have in common, they can usually be mitigated with “settlements” and/or negotiations. However, in this article I will focus on basic lawsuits and criminal cases.

When we hear the word, “Settlement”, images of money are immediately conjured into our minds.  Most of the settlements we hear about in the media are for large sums, anywhere from $50K to millions of dollars, often involving celebrities or powerful business moguls.  Many people might ask, “If a party knows they are innocent, then why would they agree to settle the case?”

People settle cases for all kinds of reasons.

  1. Save on lawyer expenses
  2.  Avoid public attention
  3.  Reduce stress/Time in court
  4.  Reduce risks of harsher sanctions from potentially losing in a trial.

Defendants often settle criminal cases for “plea” bargains. (An admittance of guilt in exchange for a lighter punishment) for similar reasons that defendants agree to settle in civil cases.

Nobody likes being in court! It is costly, time consuming, stressful and can be somewhat intimidating. Whether you are being sued for a credit card debt or facing criminal charges, the potential of being garnished, put in jail, missing time away from work and family, the presence of armed guards, black robed judges, ect…. the entire process can be a bit frightening, especially for those who do not spend much time in the courts. (Which is usually most people unless you are a legal professional, police officer, or a habitual criminal.)

When we decide to settle a case, we have to weigh our options. Defendants and Plaintiffs settle for the same reasons believe it or not. If a defendant believes he has a weak defense or is simply fed up with the court process, he is likely to settle, if a plaintiff believes he has a weak argument or he is fed up with the court process, he is likely to settle. Time is money, and people do not like to have their’s wasted!

In essence, settlements happen when people come to a conclusion after assessing in their minds a “cost-benefit-analysis”.  Let us take a look at the perspective from a defendant and plaintiff’s point of view in a hypothetical discrimination case.

John sues Corporation-Z for racial discrimination.  John has several witnesses who have agreed to testify. Corporation-Z learns that these witnesses with be participating. Corporation-Z believes that John has a good chance at defeating them in court. Corp-Z offers John $10,000 to settle the case out of court. If John were to win the case in court, he would probably sue for much more in damages, however, if John takes the offer, he can save himself attorney fees and months (possibly years) going to court cases.

Although Corp-Z is in a disadvantageous position, they are well-funded and will be able to drag the case on for a long time. John is a simple 9 to 5 employee with very little resources. However, John feels that he has strong evidence and is unwilling to settle for $10,000, he refuses the offer and decides to see it through to the end. Corp-Z offers another amount for $15,000, John still refuses.

Corp-Z files several continuances to drag out the case. John is getting tired.

John later finds out that several of his key witnesses have decided not to testify. John is now getting worried. Corp-Z has not yet learned that the witnesses have backed out. The next court date is in 6 weeks. John must act fast! Due to these new circumstances, his chances to win the case have gotten much lower.

At this point, John has several options:

  1. Contact the defendant and accept their $15,000 settlement offer
  2.  Send the defendant one last counter offer for a higher amount before agreeing to settle.
  3.  Rebuild his case, look for new evidence, take the case to trial and potentially win big or end up with nothing if he loses.

Option 1 is the safest–  Defendants and Plaintiffs have the option to offer and/or withdraw settlement offers at ANY TIME. In this scenario, the defendant, Corp-Z is likely to accept to settle unless new evidence has been obtained.

Option 2 is a little risky–  In this situation, John has learned that his witnesses are refusing to testify. Corp-Z has not yet found out, however, if they do find out, they are very likely to withdraw any offers to settle, as they will be likely to defeat the suit. John can attempt to negotiate one last time to get a higher amount from the defendant, but it will take some time to sort out the particulars, and time is something John doesn’t have with a looming court date. The closer the trial date gets, the more likely the defendant is to find out about the witnesses backing out.

Option 3 is highly risky– If the case goes to a trial by jury and John has other evidence besides witness testimony, the jury could still see it his way. If his witnesses are his key pieces of evidence, then he is at high risk for losing. This option would require very careful consideration. If John wins the case through jury, he will likely receive a huge pay-out, if he loses the case, he could end up losing everything or even end up being counter-sued by Corporation-Z.

Factors to consider:

Is John poor? How bad does he need money? If he loses the case, will he still be financially sound? Is he looking for justice or a pay-out? What are his goals in this lawsuit? Is he mentally and emotionally prepared to stay in court for several more months?  These are questions John has to ask himself before making a decision on how to proceed.

 

From the Defendant’s perspective:

Corporation-Z is a business and they have a business to run. Handling these legal matters are a huge cost and burden on the operation. Negative publicity can also hurt the business extensively.  Even if Corporation-Z discovers that the plaintiff, John, has lost his key witnesses, it still may be beneficial for Corporation-Z to settle. Typically, when settlements occur, non-disclosure agreements must be signed stating that the allegations against the company cannot be publicly discussed.  If Corp-Z refuses to settle and defeats John, John may still end up retaining his right to discuss the trial and his allegations to public organizations causing bad press not to mention the extra legal fees it may take to try and sue John later for defamation.

In this situation, if Corp-Z discovers that John has lost his witnesses, Corp-Z can agree to settle, for the same amount previously offered or for a lower amount, (since Z now has bargaining power!) or Corp-Z can withdraw all offers and attempt to win in trial.

Corporate attorneys are famous for their slogan to , “Always settle, settle, settle”.

While Corporation-Z has a good chance at defeating John, they may end up spending triple the amount of their settlement offer attempting to defeat the suit, also, Corporation-Z isn’t fully aware if John has any other additional evidence that is not yet known.  Victory is not always guaranteed. In court, just as in a boxing match, the ability to appear weak when one is strong, and the ability to appear strong when one is weak, is very crucial in the negotiation process of settling a case.

Timing:

Losing a lawsuit that goes to trial can result in dire consequences.

  1. Income garnishments
  2.  Loss of employment as a result of being garnished by multiple entities
  3. Loss of public reputation
  4. property being seized
  5. injunctions being placed against yourself or your business
  6. liens being places on your assets
  7. Tax refunds being withheld
  8.  Negative credit score

(These are just a few examples)

Some may be tempted to file for Chapter 7 or Chapter 13 bankruptcy in light of being sued for a debt, however, I wouldn’t recommend doing so unless your debts exceed $10,000. I’ll save that discussion for another article.

Timing is very critical when it comes to successfully mitigating a civil or criminal case. Let’s say you owe a credit card company $10,000.  Typically, after you default on your loan for more than 90 days, the credit card company will likely sell your debt to a third party collector. A few months to a year later, you are likely to be served with a warrant stating that you are being sued for the amount by the third party debt collector who purchased the debt for pennies on the dollar.

Once the lawsuit is filed, the creditor now has the upper-hand. Since you have essentially ignored all attempts to collect, it is assumed that you are avoiding the debt and do not have the means to pay it back. A smarter decision would have been to inquire about hardship programs or attempt to settle the debt with a partial amount before you were sued. (Always get everything in writing).  However, since things have escalated to a court hearing, the creditor now probably believes that they have a great chance to win the case.

When most people owe a debt, they stick their heads in the sand and do nothing. If you are sued for a credit card debt, your goal now is to re-establish your bargaining power! Even if you owe the debt, make them prove it! File an answer to the lawsuit, file a discovery request, ask for continuances! ( I can help you do these things by offering a template to follow.) Once the creditor sees that you aren’t going to be like the other 99% of people who don’t show up to court and allow for a default judgement, the creditor will be likely willing to settle the debt for a fraction of what they are suing you for.

While you are fighting the lawsuit, whether your intention is to get it dismissed through lack of evidence,lack of itemization or your goal is to settle the debt for a lesser amount, you must act swiftly! If you do intend to settle the debt, be sure to make the number attractive but not too high. If you owe $10,000, offer them 30%, because they are likely to counter back asking for 50%.

If the creditor is not willing to settle and/or you lose the case, enroll in a “slow-pay” program. That’s right! If you lose a lawsuit, you can enroll in a “slow-pay” program whereas you may only be paying $20 a month or so to the creditor. (Albeit for a very long time!).  Through the slow-pay process, you can pay with a check or money order. In order for the plaintiff (or creditor) to garnish your wages, they have to get an approved garnishment order from a court. If you miss a single-payment through the slow-pay program, some jurisdictions automatically issue a garnishment order because of your lack of ability to keep your promise to pay.

Federal law protects workers from being fired if they are being garnished by a single entity. However, if two or more entities are garnishing you, federal law allows employers to fire you because of the administrative burden your garnishment orders are costing to the company you work for.

Any legal case must be taken seriously whether it be criminal or civil. Even traffic court can cost us! If you ignore a traffic ticket, don’t be surprised if you later find out that your drivers license has been revoked! Reinstating a revoked license is time consuming and can cost hundreds, even thousands, depending on the liens placed upon the license.

In many criminal cases, district attorneys will offer “plea deals”. This “deal” is basically where you agree to admit guilt in exchange for a lighter punishment. Plea deals can benefit both parties. The district attorney meets his conviction quota, you receive a lighter sentence than you would if you lost your trial, and the process of court is sped up.

Going back to the lessons we learned earlier about, “Appearing strong when you are weak, and to be weak when you are strong”, accepting plea deals is an art within itself just as accepting settlements are.

Example:

John is accused of stealing a car. John maintains that he is innocent.

John’s witnesses didn’t show up to court.

The state offers him a plea deal.  Admit guilt and you will only face 6 months in jail.

John refuses! The trial continues

The state is having a hard time presenting evidence against John.

The state offers a new plea deal.

“1 month in jail with 6 months probation.”

John again refuses and demands a jury.

The jury hears John’s defense and the state’s allegations against him.

The jury decides that John is guilty! John will be sentenced to 3 years in prison.

John should have taken the plea deal!

Now, this is a worse case scenario! Just as in our lawsuit example earlier with, “Corporation-Z”, many factors come into play.

Let us replay the scenario. This time, John has several alibis and video surveillance of the vehicle being stolen that he managed to find on the internet. The video is low-quality but the suspect appears to have red-hair, John has brown hair!

John challenges the state’s claim. The state claims that John merely dyed his hair brown and his alibis are lying about where he was during the alleged carjacking!

John is confident in his defense and refuses all plea deals.

The jury finds John innocent!

Had John taken a plea deal, he would have ruined his record and served time for a crime he never committed! However, the jury could have still convicted him. No matter how confident you feel in your case, always prepare for the unexpected and don’t be afraid to appeal if necessary to buy yourself more time.

When to refuse a plea deal or when to take one, is no different than debating on whether or not to take a settlement. Many innocent men and women have taken plea deals for crimes they didn’t commit on the advice of their attorney who advised their client that the evidence is just too strong against them; even though they maintain their innocence.

Some defendants value their honor so much, that they resolve to never take a plea deal regardless of the consequences, whereas others make informed decisions in an effort to preserve themselves. In law, there is no “black or white”, “right or wrong” choice. Everything is about weighing risks vs rewards.  Every situation is completely different.

Who is the judge presiding over this case? Who are the jurors? What state is this case being held in? What do the state laws say? Are you in a liberal state or a conservative state? Does your lawyer have a good reputation or a bad reputation? Are you handling this case pro-se? Do you have any experience with legal matters?

These are all questions that can drastically effect the outcome of a case, or as I call them , “The intangible factors”.  In your heart, you may know that you are innocent, or feel that your case is valid, however, it isn’t always about what you “feel”, it’s about what you can convincingly present to the courts in conjunction with applicability of the law.

If you are involved in a lawsuit or criminal case as either a plaintiff or defendant, be sure to check out our “Legal Services” page.  Our programs there offer legal defense funds for people starting as low as $20 per month with unlimited consultations with licensed attorneys.  If you want to consult with me personally, follow instructions on my Consulting Page .  I can offer you one-time friendly advice, educational lessons, templates, and other resources to you, however I cannot offer you legal advice as I am not a licensed attorney, thus, anything I advise you on will have to be taken as “friendly” advice, not legal advice.  I have been working in the legal-field as paralegal/researcher for about 7 years and have experience in various jurisdictions and areas of law.

feel free to contact me Naliniglobal@yahoo.com 

 

Copywrite 2017- NaliniGlobal

Randell Stroud

 

Family Law Courts attacked by Nalini-Global

On 3/8/2017, the United Nations Human Rights Council in Geneva,Switzerland , will receive a 30 page shadow report and an additional 31 pages of semi-classified US federal court documentation (to later be published after rulings are made) displaying the gross abuse of power within the family law courts; not only in the USA but in every country around the globe.

The family law courts around the world have been responsible for mass incarceration of fathers, widespread Parental Alienation Syndrome   epidemics,  abuse of children, racism towards Indigenous native populations, increased suicide risks, and so much. Worst of all, the system that thrives off their famous slogan, “For the best interest of the children”, is profiting from such abuses.

Gender discrimination against men, and mothers who wish to transfer custody to fathers without stigma, are under-documented problems we face in our ill social structure.  Racism, rights of immigrants, women being sexually harassed in the work-place, failing economies…..all very important topics that deserve continued monitoring, yet the plight of children and parents, namely fathers, who get caught in the destructive nature of the modern domestic family law courts is deserving of equal consideration.

Please visit our “shadow report” page here  to read the full 30 page report attached to the complaint filed by myself and other effected persons of the family law courts.   This report sheds light on the thousands of fathers,mothers, and children who have been negatively effected by the family law courts, with a specific focus on fathers. Since the popular phrase “Deadbeat Dad”, became mainstream in the 1990’s, society falsely believes that fathers who are not in their children’s lives, always do so at their own discretion. Yes, some fathers do raise their children for a short time then abandon their children despite cooperation from mothers; which is dissapointing; just as some mothers have also done. But, there are many other factors to consider when trying to understand why some men are deterred and what can be done to encourage their participation in the parenting process.

This report highlights the unique social challenges that men, children, and Indigenous populations face in the family law courts, as well as society as a whole. Genital mutilation, forced military service, majority of homeless populations, majority of suicide cases, majority of bankruptcy filings, all attributed to men! In fact, there is a 2:1 odds in suicide cases showing that most men who commit suicide have either recently gone through a divorce/custody battle, or are in the process of doing so.

Since President Bill Clinton passed various federal mandates throughout his presidency increasing sanctions on unwed fathers and “accused” male spousal abusers, the incarceration rate of men has skyrocketed! Since 1994 to present, more than 70% of black children now grow up in single parent homes because their fathers are incarcerated or face economic hardship. The stats aren’t much better for white fathers. In fact, studies show that children are more likely to grow up with a family pet than they are with their father. After divorces take place, men are likely to end up in poverty or in jail.  In Massachusetts alone, fathers being arrested for getting behind on child support payments make up the bulk of the jail population. Before the 1990’s, the rate of single parent homes in the black and white communities were significantly lower, especially in the lower income areas which often hit the black communities even harder, thus resulting in more incarcerations for the Prison Industrial Complex.

Ironically, Mr.Clinton himself has been dodging paternity test requests from his illegitimate son,  Danney Williams, since the 1990’s. Perhaps the scorned Hillary decided to unleash her fury upon the entire male population through the executive powers of her husband.  Alas, the issue isn’t just with the USA. It is a global epidemic. In fact, recently, A fathers rights union filed suit against the government of Israel through the United Nations, whereas the International courts did condemn the “Tender years law” in Israel that disallows fathers to file for custody of their children until they reach the age of 7 with the arbitrary belief that, “Only mothers can care for children under the age of 7”.

Another group  that loses in family law courts are the Indigenous populations of the United States, who have very little sovereignty in cases of removal of indigenous children by DCS. (Department of Child Services.)

Please read my 30 page report with an open mind and come away with a new understanding of these issues. Nalini-Global is NOT a Women’s rights organization, a Men’s right organization, or a children’s rights organization, but rather a HUMAN rights organization.  Unbiased and clear, we discuss topics that the public may not be aware of. After reading this report, you will learn about the Prison Industrial complex, the Military Industrial complex, how the State is profiting from Mothers and Fathers, and most importantly, how the system is dividing the very essence of what it means to be a human being who is entitled to equal protection under the law.

I truly believe that this report will effectively blow the lid off of the family law court conspiracy. I believe that our current situation is caused by the “blowback” effect (A popular CIA term  used to describe the consequences of militaristic foreign policies) .  Marginalized groups of people are discriminated against or harmed, thus, those groups seek more power, then that group becomes the discriminator, and the cycle of hate and war continues. Victims become bullies.

My report exposes the false presumption of “welfare spending is bankrupting countries”, “Illegal immigrants have babies and don’t pay taxes”, “Men who cannot pay child support are deadbeat dads”, “women who lose custody of their children are drugs addicts”, …… all of these are stereotypes that are based on very loose understandings of a major social problem that is linked with bad economics and bad governance.

My report is broad and generalized and covers many topics, it even dissects parts of the Federal Reserve system, yet, when you realize that the family unit is the starting point for any culture or nation of people, all of its other problems can be traced to it. The economy, war, military spending, crime, ….it is all linked to the family law courts in some way.

We live in a time where we are supposed to pledge allegiance to flags and invisible borders, yet we must stay silent in our prayers to our chosen Gods, and we must ask for permission for nearly everything we do. Have you noticed that, in order to maintain your freedom, we are being exposed to an increasing number of laws and mandates in order to remain unincarcerated?  1 in 4 Americans will experience jail time in their lives.  The United States of America has the largest prison population on Earth, with 75% of its inmates being incarcerated for NON-VIOLENT crimes (i.e. legal technicalities) it is a huge money making racket for the elites.

However, I am optimistic. With the publication of my report, among many other efforts and advocacy done on my part and by others, we can work together through the proper channels and get a conversation going! Creating more laws isn’t the answer to creating a moral society. The more laws you  create, the more criminals are created. If wearing black socks became illegal, I would become a criminal in this very moment! It is truly that arbitrary. Simple words on paper, which can transform ordinary men and women into criminals who aren’t allowed to drive a car, leave the country, or obtain employment.  It is a cycle of destruction.

If you or someone who know has been effected by these issues, please read my report, print off as many copies as you can and send them to you legislators, governors, Prime Ministers, NGOS, Governmental bodies, or as a reference to your own research or case-work.

Many are chanting, “Let’s make America great again”…..  I say, “Lets make humanity a family again.”  What effects men effects women, what effects women effects men. We are interlinked in our struggles. It high time we realize such truths.

Nalini-Global

2017 TM

Naliniglobal@yahoo.com