Repeal Social Security Act Title IV Part D Section 458                                                                                                                          

TheFiscals are directing our reinvention efforts in repealing Title IV Part D Section 458 of Social Security Act. Under Title IV The US Department of Children and Families incentivizes State-level social service welfare agencies to receive additional Federal grants to such agencies when it successfully to collect higher child support calculations and arrearages payment penalties as well increase the participation of children in foster care.

[See below for full text of Social Security Act Title IV Part D Section 458]

The progressivirus affect embedded in the funding dynamic between the Federal Government bureaucracy to state government social services bureaucracy with perpetual cash-strapped local budgets. These agencies decision-makers will increase child support payments criterion to detriment of the non-custodial parent. In blog post article October 25, 2012, by Michael Sherron of National Parents Association states, "....most child support enforcement programs are housed under US Health and Human Services Agencies like Social Services. Typically, these agencies investigate cases of child abuse, neglect, and dependency, and they often have legislative immunity for any wrong they may commit. Historically, Social Services agencies have been about providing services for women and children, and we are concerned that in many cases, especially those involving child protective services matters, that social services policies and procedures have enforcement mentality in mind when dealing with non-custodial families, while being geared towards services provider with custodial mothers. Furthermore, Social Services knows that if a child abuse, neglect, or dependency case can be made on a father, then he will pay greater child support. Again, this will also lead to greater Title IV-D money being delivered back to the State. In essence, Social Services NEEDS for non-custodial parents to exist, and they need them having little visitation (if any) with their children so they pay greater amount of child support that can be enforced by the federal government." We TheFiscals agree that this assertion is the valid reason to repeal Title IV in its entirety instead of reforming it piecemeal. The article continues to explain with additional complexity the most devasting aspect of this failed policy which is taking children from parents into foster care based on unproven allegations of child neglect or abuse. Oftentimes legal council will inform mothers to make the accusations to put fathers on the defensive in custody disputes post-divorce. Mr. Sherron reiterates, " Unfortunately, the lions share of combating domestic violence has focused only on male on female violence despite many federal statistics that women hit, use intimidation, and control at the same rate as men. And, in domestic partnerships involving women, the rate is skyrocketing. But you will not hear much talk about this because unfortunately, domestic violence in itself has become an industry that supports many jobs, infrastructure, programs, and services that needs more and more federal money. Like child support enforcement, the higher the statistics on violence, the more federal money will be delivered to groups that administer domestic violence programs. It seems weird, but one could say that these groups NEED for statistics to remain high so that they get more money. So how does this fit in with child support enforcement? If you are part of a non-custodial family who’s child custody case was heard in the Family Courts, you likely experienced an allegation of domestic violence that is becoming almost routine because hopeful custodial mothers realize that it brings them lots of attention, and immediately puts a father on the defense. These allegations are a perfect tactical weapon that brings about favor in the Family Courts. Unfortunately, many of the false allegations will immediately lead to the complete alienation of children from their non-custodial fathers, step-mothers, paternal grandmothers, and other family members for an indefinite time. So what happens when a non-custodial father has ZERO time with his kids, he pays greater child support. And what happens when one pays greater child support? You got it, more Title IV-D money is released back to the US [indiviual] States."

The following devastating article on the correlation between youth suicide and absent fathers post-divorce

Repealing Title IV is a federal statute TheFiscals will advocate for the following reinvention of Family Court at the state level.

DIVORCE ACCOUNTABILITY PACT

TheFiscals believe that the dividing of marital assets and standard calculations for child support cannot be punitive towards the breadwinner to the benefit of the non-breadwinner.

This financial support must be assessed based on standard lifestyle costs for rearing children at the time of the divorce. It can not be based on the breadwinner's income. If the non-breadwinner is initiating the divorce action, marital assets are divided in the same ratio as they were accumulated. Any other financial formula based on income disparity between separating spouses only gives the incentive to divorce. The evidence is clear the American home is a Fatherless home and is a lesser society as a result.

Adultery and infidelities are sins, not crimes. The Family Court Judge shouldn't care who had a affair. It is the Court's responsibility to keep the Family Assets whole to the benefit of the Children of the marriage. The Court's failure to make this the top priority for Society has increased Government dependency and promulgated the growth in out of wedlock birth rates. Illegitimate births have risen to the levels where the majority of newborns in the United States are outside of marriage. It is, therefore, incumbent for a petitioner of divorce to show verifiable proof of their spouse's physical intimacy outside of the marriage to establish once substantiated by testimony, the offending spouse must leave the marital home during the divorce proceedings.

It is an obligation of the Family Court to minimize the breadwinner's liability to the detriment of the surviving children of the divorced. Minimizing excessive alimony and unaccountable child support expenditures are not in Society's best interest to reduce the likelihood that government will be burdened. The possibility or absolute likelihood Government subsistence will be a necessity, is the principal priority of the family court. This Divorce Accountability Pact is paramount to the reinvention of the American marriage.

In the case of Domestic Violence in the home:

Any of the two spouses who have committed verifiable acts of domestic violence, Child endangerment, or suffers from drug abuse, adjudicated by the Courts, requires the offending spouse to relinquish sole custody rights of the Children; period. If the petitioner does not have proof of any of the above offenses but feels threatened, he or she must post an 'abuse affidavit' within (7) days of the offense in Family Court within the jurisdiction of the marital home.

In such cases, the petitioner may elect to leave the marital residence with the minor children without prejudice. The separating parties must remain in separate residential dwelling throughout the divorce proceedings, mediations or hearings. The Family Court automatically grants a divorce and parties are obligated to the separation of marital assets and custody of the Children as follows:

A. If any Spouse who has an addiction to drugs detrimental to the Family finances must be proved in Family Court proceedings. Medical records or evidence of debts by the perpetrator of domestic violence my substantiated. Law enforcement reports documenting offending spouse offenses is the determining factor to move out of the dwelling with or without force within 30 days of petitioners filing for divorce. The spouse guilty of these violent afflictions or addictions relinquishes 80% of the sale proceeds of the marital residence. The addicted or offending spouse also relinquishes any claim to custody of the Children. The addicts 20% share of marital assets will go towards pay for room and board at a rehabilitation facility. Once clinically clean, substantiated by professional opinions, the offending spouse keeps the remaining balance.

B. Any incidence of physical abuse of a spouse documented by swelling or bleeding, the offender's assets is to be frozen by Family Court order upon the first arrest. If the victim of the abuse presses charges and the offending spouse is found guilty, the offender loses all rights to the marital home upon its sale. The value and appreciation of remaining assets are to be divided as follows:

80% to the benefit of the victim and 20% to the interest of the offender. The offender's 20% is to pay for mandatory rehabilitation and counseling. The victim has (3) three months to file for divorce on these grounds. The offender relinquishes their claim to custody of their minor Children if the Court rules in favor of the victim.

C. Alimony applies only to marriages in a single income home lasting longer than 20 years. If the sole breadwinner during the 20 years is determined to have earned more than 60% of the total income during the duration of the marriage, the alimony payment is 15% of their present net salary at the time of the divorce filing. The non-breadwinner must seek employment unless the spouse is 65 years or older.

Note: exceptions to an increase in alimony is at the Family Court Judge's sole discretion if the non-breadwinner is diagnosed with a disease or physically or emotionally disabled as a result the bodily or mental abuse as per clause (B).

D. Malfeasance of marital assets, a gambling addiction, or dishonest, unethical, criminal dealings during the marriage that encumber assets in the form of Tax Liens or Bank forfeiture, or criminal Court order that leads to incarceration, the addict or convict relinquishes claim to custody of their minor Children forever. The offending spouse must move out of the marital home in 30 days and forfeits 100% remaining of all marital assets.

Divorce Court Board of Trustees

E. Child support is based on a standard table cost of living for a Child at the time of the dissolution of marriage, regardless of the present lifestyle of the parties. Calculations are not to be based on a percentage of the higher income earner in the household. Instead, a standard Child support calculation based on a "Child support index". The index will be updated by Divorce Marriage Fee Board of Trustees. ('The Fee Board') will meet every ten years. The Board consists of five retired Family Court Judges appointed by the Governor. They will consider the educational needs of the minor and teenage children and the present expenses for basic Health Care, food, shelter, and CPI index at the current time to determine a baseline for child support or child. These board members will be term-limited.

Note: 1. The residential Parent who receives Child support payments through the Family Clearinghouse must demonstrate responsibility and will be held accountable to administer Child support monies. The petitioner can be audited by the non-residential Parent paying Child support at any time. Any substantiated proof of malfeasances such as monthly overdraft checks or Court mandated bad check program constitutes the trigger for an audit of Child support expenditures. This is to include credit card fraud or declared insolvent by Family Court.

              2. Any of the above malfeasances are grounds for revocation of Child support privileges. Any mediated settlement agreement or dissolution of marriage agreement is null and void. Custody of Children reverts to non-residential Parent and Child support reverts to the same. A new custodian or guardian-ad-litem will be assigned by the Family Court at this time if the non-residential parent is not identified or available.

Child Support Clearinghouse 

F. The existing Central Depository is reinvented as a Child support clearinghouse for families of the divorced. Third party payments as well Child support will be deposited at the Clearing House either voluntarily or via an Employer. Third party payments include but are not limited to tuition for private School in primary or secondary School, Trade School, Vocational School and College. The Central Clearinghouse will also disburse all payments for Health insurance premiums for health or psychiatric counseling or other interdictions on behalf of children and children with special needs.

G. The Prenuptial questionnaire must be completed as a mandatory requirement for a marriage license. This will be the primary qualification for opening an account in the Child Support Clearinghouse if divorce occurs. Other considerations by the Court: Parents that can financially support the larger home with the most bedrooms is granted custody of Minor Children. Non-residential Parent gets a per diem deduction in Child support for some visitation days and sleepovers he or she participates in. The more days the non-residential Parent spends with his/her Children, the less that Parent pays in monthly child support to the Clearinghouse. If any Parent relinquishes his/her Parental visitation rights, then Child support increases per diem. These factors are calculated on a yearly basis and cannot be altered without a Family Court Order. This agreement may also include extracurricular activities and may be adjusted as the Child's interests change. All payments are to be made at a specific date for each criterion and are established by Court order after mediation fails to get consensus from the parties.

Out of Wedlock Children's Rights

H. 1. If the right to an abortion is the sole right of the female, the use of contraceptives is also her sole responsibility. The biological Father of Children born out wedlock may be granted custody if the alleged Father submits to DNA paternity testing voluntarily. He must file for custody of the unborn love Child.

     2. If the man is confirmed as the biological Father, he must claim his parental rights to the Family Court within 30 days of the DNA results. If he knowingly does not file within this window, he relinquishes custody rights after that. It is at the Mother's sole discretion to decide to give birth within 12 weeks of fetal development in the womb. If the Father relinquishes his parental rights in writing, he will pay a higher child support payment. A standard table will be determined by a Divorce marriage Fee Board of Trustees. This standard is measured based on the age of the child and determination of any disabilities. CPI increases as the child ages. This support is irrespective of the Father's income. In these circumstances, the Father will have visitation determined by the Court or mother consent in writing. If he wants to exercise his parental rights, the per diem benefits apply as per clause [E].

Clause A- G above must be agreed upon in writing in the pre and post marriage accountability pact.

Note: Cost of the DNA paternity tests is to be paid by the Mother if proven to be negative paid by the Father if proven to be positive.

SOCIAL SECURITY ACT TITLE IV PART D SECTION 458

Sec. 458. [42 U.S.C. 658a] (a) In General.—In addition to any other payment under this part, the Secretary shall, subject to subsection (f), make an incentive payment to each State for each fiscal year in an amount determined under subsection (b). 

(b) Amount of Incentive Payment.— 

(1) In general.—The incentive payment for a State for a fiscal year is equal to the incentive payment pool for the fiscal year, multiplied by the State incentive payment share for the fiscal year. 

(2) Incentive payment pool.— 

(A) In general.—In paragraph (1), the term “incentive payment pool” means— 

(i) $422,000,000 for fiscal year 2000; 

(ii) $429,000,000 for fiscal year 2001; 

(iii) $450,000,000 for fiscal year 2002; 

(iv) $461,000,000 for fiscal year 2003; 

(v) $454,000,000 for fiscal year 2004; 

(vi) $446,000,000 for fiscal year 2005; 

(vii) $458,000,000 for fiscal year 2006; 

(viii) $471,000,000 for fiscal year 2007; 

(ix) $483,000,000 for fiscal year 2008; and 

(x) for any succeeding fiscal year, the amount of the incentive payment pool for the fiscal year that precedes such succeeding fiscal year, multiplied by the percentage (if any) by which the CPI for such preceding fiscal year exceeds the CPI for the second preceding fiscal year. 

(B) CPI.—For purposes of subparagraph (A), the CPI for a fiscal year is the average of the Consumer Price Index for the 12-month period ending on September 30 of the fiscal year. As used in the preceding sentence, the term “Consumer Price Index” means the last Consumer Price Index for all-urban consumers published by the Department of Labor.

(3) State incentive payment share.—In paragraph (1), the term “State incentive payment share” means, with respect to a fiscal year—

(A) the incentive base amount for the State for the fiscal year; divided by

(B) the sum of the incentive base amounts for all of the States for the fiscal year.

(4) Incentive base amount.—In paragraph (3), the term “incentive base amount” means, with respect to a State and a fiscal year, the sum of the applicable percentages (determined in accordance with paragraph (6)) multiplied by the corresponding maximum incentive base amounts for the State for the fiscal year, with respect to each of the following measures of State performance for the fiscal year:

(A) The paternity establishment performance level.

(B) The support order performance level.

(C) The current payment performance level.

(D) The arrearage payment performance level.

(E) The cost–effectiveness performance level.

(5) Maximum incentive base amount.—

(A) In general.—For purposes of paragraph (4), the maximum incentive base amount for a State for a fiscal year is—

(i) with respect to the performance measures described in subparagraphs (A), (B), and (C) of paragraph (4), the State collections base for the fiscal year; and

(ii) with respect to the performance measures described in subparagraphs (D) and (E) of paragraph (4), 75 percent of the State collections base for the fiscal year.

(B) Data required to be complete and reliable.—Notwithstanding subparagraph (A), the maximum incentive base amount for a State for a fiscal year with respect to a performance measure described in paragraph (4) is zero, unless the Secretary determines, on the basis of an audit performed under section 452(a)(4)(C)(i), that the data which the State submitted pursuant to section 454(15)(B) for the fiscal year and which is used to determine the performance level involved is complete and reliable.

(C) State collections base.—For purposes of subparagraph (A), the State collections base for a fiscal year is equal to the sum of—

(i) 2 times the sum of—

(I) the total amount of support collected during the fiscal year under the State plan approved under this part in cases in which the support obligation involved is required to be assigned to the State pursuant to part A or E of this title or title XIX; and

(II) the total amount of support collected during the fiscal year under the State plan approved under this part in cases in which the support obligation involved was so assigned but, at the time of collection, is not required to be so assigned; and

(ii) the total amount of support collected during the fiscal year under the State plan approved under this part in all other cases.

(6) Determination of applicable percentages based on performance levels.—

(A) Paternity establishment.—

(i) Determination of paternity establishment performance level.—The paternity establishment performance level for a State for a fiscal year is, at the option of the State, the IV-D paternity establishment percentage determined under section 452(g)(2)(A) or the statewide paternity establishment percentage determined under section 452(g)(2)(B).

(ii) Determination of applicable percentage.—The applicable percentage with respect to a State’s paternity establishment performance level is as follows: