Welcome to my blog and the reference point in my fight against an archaic, unjust family court system in Marshall County, Alabama. I plan on posting my thoughts, items of interest, and resources I find helpful in hopes that it can be helpful to someone else. Now take a deep breath. Here I go...

Please visit http://www.alfra.org for the only organization in Alabama that promotes the concept that children need each of their fit parents.

Monday, September 19, 2011

the line in the sand has been drawn...

September 18, 2011

Marshall County Department of Human Resources
ATTN: Charlcie Thibodaux
70 Grimes Drive
Guntersville, Alabama 35976

RE: Amber L. Greenhaw
       000000000674434

Dear Mrs. Thibodaux:


I recently received a statement of child support from your agency dated 9/1/2011 for the above referenced case. The statement is inaccurate, and it shows that for the month of August 2011, I am charged interest twice for an imaginary balance that I do not owe. This agency has run roughshod over me long enough. I do not have the time nor space to here catch you up on the many injustices I have suffered at the hands of your agency and its officers. One thing I will guarantee you of is that I will be an unceasing thorn in your, and your new director's, side until this is fully rectified. This agency has violated my due process rights under the U.S. Constitution and I will stop at nothing lawful to prevent you from continuing to do so to me, or any other person ever again for that matter.

I have enclosed a copy of the complete and accurate child support payment ledger for my daughter, S. E. P.  I completed it over many hours using my paycheck stubs, money order receipts, court records, and records from your agency. I can prove every word of it, and will do so in court if necessary. As of 9/1/2011, your agency has forced me to overpay my child support by $1,221.50. Invariably, this amount represents the imaginary balance of past due child support you convinced the judge of on February 3, 2011 (which shows that even when due process is followed, justice is not always served, even less when due process is ignored). It is true, and can be determined from the child support ledger, that every time this agency has taken action against me I was not, in fact, behind on my child support. However, every time their actions have resulted in the unconstitutional seizure of my property anyway, in the form of my wages, tax refunds, and 2007 stimulus payment. This will stop, whether or not you write me back another letter telling me that I have not overpaid.


I know that my problems began with the subsequent amendments to the Social Security Act of 1935. Within those “Social Security Welfare Reform” acts lie the origins of your administrative wage garnishment and the nefarious administrative offset. These administrative seizures are in direct violation of the Fourth, Fifth, and Fourteenth Amendments of the U.S. Constitution due to the lack of judicial review in a court of competent jurisdiction. Despite those sacred constitutional guarantees, your reckless actions resulted in the confiscation of my wages for a debt that was not owed. Had my right of due process been followed originally, none of this would have ever happened. Your agency is not interested in the true amount of the debt because the larger amount they can certify is owed, and that is filtered through the Alabama Child Support Payment Center, the bigger the incentive payment that the State will receive from the Federal government as part of the Title IV-D program. This is a disturbing and disgusting price that is paid for by destroying the lives of Alabama's children.

Since the beginning of this travesty, in January 2008, I have spent many hours in law libraries and doing research online. So I know the laws you are operating under. I intend to challenge the constitutionality of those laws, both publicly and in the court room. My public relations campaign is well under way, with two articles recently published in the Arab Tribune and my blog, “Broke in Marshall County.” Don't think for a second I am going to stop there. The more you ignore me, the louder I will get. A network of support is rising out of the public response from those articles and blog. Apparently I am not the only one you people have ever run over.

You people destroyed my childhood way before you were ever after my paycheck like a pack of rabid hyenas. You see, my Dad owes a whole bunch of child support you have never been able to collect. Over $147,000 is owed, and despite your agency still listing the debt as outstanding, my Dad, sister, and myself have paid it with the last 15 years of our lives. For most of my younger years Dad paid Mom an extra $50.00 a month in child support to help out, that was just the kind of guy he was. Then he lost his job. He could not even pay his regular child support payment then ($290 a month). He wasn't like I am, he did not know his rights so the child support started piling up. He had no income and as they say, you can't bleed a turnip. Then when he was finally able to get a job, you people garnished him into poverty, much like you have been doing to me (to the tune of $842 a month). So he had to work crappy cash only jobs to survive, and I imagine he eventually gave up hope. I can attest to the amazing sense of hopelessness that goes along with being beat up by DHR.

Dad ended up addicted to meth by the time I was 13. Before then, he was my hero. The greatest man in the history of the world to me, and I loved being with him more than anybody. Your agency's actions took that away from me. He's currently serving 10 years in a State prison for cooking meth. I make no excuse for his actions, what he did was detestable and he deserves the punishment. Personally, I think he should have been punished more severely. However, I do attribute the feeling of hopelessness that led him into the drugs to your agency's actions, and his unfortunate lack of knowledge of the Constitution. Understand one thing, I am not some backwoods redneck uneducated hick nobody that don't know nothing. Grammatical errors intended.

You will not destroy me like your agency did my father. You will not take me away from my daughters like your agency's actions took my Dad from me. You have got to understand. You people have been “hemming and hawing” me since this began. This is something that runs deep with me and I will not let up. My struggle began with a false affidavit of past due child support in December of 2007, filed by Mrs. Greenhaw and DHR caseworker Carla Clemons. It will end in a Federal court room (U.S. Supreme Court if necessary) and on the floor of the Alabama Legislature.

I demand immediate repayment of the $1,221.50 that I have been forced to overpay due to your agency's unconstitutional actions. I demand that your agency cease computing interest against me based on artificial balances created by your agency's administrative wage garnishment. I demand acknowledgment in writing from your agency that I do not owe a past due balance for child support. I demand that your agency immediately cease enforcing any administrative wage garnishments and administrative offsets that you are currently enforcing under the Title IV-D program against any Marshall County parent until such time as you are able to obtain Court ordered garnishments while adhering to our rights of due process. You have until October 18, 2011 to comply with these demands.

Failure to comply with these demands within thirty days will force me to seek the relief I deserve, along with many other Alabama parents, through a complaint filed in Federal District Court. This stops now.

Sincerely,

Brad Patterson

Copies were forwarded to J. Wayne Sellers, Director as well as his successor.

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