On December 13, 2007 Amber Greenhaw, my ex-wife, walked into the Marshall County DHR and filed an affidavit of past-due child support which was notarized by Carla Clemons, a DHR child support enforcement caseworker. This affidavit was false. On January 9, 2008 Mrs. Clemons wrote me a letter informing me that Mrs. Greenhaw had filed the affidavit of past-due support and gave me until January 31, 2008 to contact them or they would take other measures to secure the payments. On January 11, 2008, just two days after sending the first notice of Mrs. Greenhaw's claim, the Marshall County DHR certified the past-due support amount at $1,083.50 and issued an administrative offset against me to confiscate the alleged past-due support. They mailed notice of this to my mother's house, an address I had not lived at for twelve years. On January 18, 2008 Carla Clemons issued an administrative wage garnishment against me for current support and the past-due support they alleged. I contacted Mrs. Clemons via telephone on January 21, 2008 and informed her that the affidavit was false and that I had proof of payment in the form of money order receipts. Mrs. Clemons denied my claim that the debt was not owed, despite my offer to provide copies of money order receipts proving payment.
On February 3, 2008 Marshall County DHR officials denied my request for a meeting regarding the matter. Only after I refused to leave the building did someone agree to accept my copies of payment receipts. They refused to rescind the administrative offset and wage garnishment order, telling me that despite the provided proof of payment, the past-due support was still owed. On February 8, 2008 Marshall County DHR informed me that they agreed there was an error and reduced the amount they claimed was owed to $382.50 (despite there being no past due support owed). However, they again refused to rescind the administrative offset or the wage garnishment which resulted in the deprivation of my property rights by confiscating over $1,300.00 of undue support without even the shadow of due process. After I spent six infuriating months in a law library, the State of Alabama started sending me partial refund checks. Just a couple of weeks prior I had threatened to file a Writ of Mandamus against the Marshall County DHR director because they refused to return my money or prosecute Mrs. Greenhaw for perjury. The refund checks continued until August 2009, but they never fully paid me back for what they confiscated.
Despite the refund checks and the admission of error, the wage garnishment has continued to this day. On September 10, 2010 the Marshall County DHR and the State of Alabama filed a contempt petition for non-payment of support against me for contemptuously and maliciously failing to pay my child support and not providing my daughter with health insurance. In their petition they attempted to have me incarcerated in Marshall County Jail. Since this began, I have held down a steady job, hence the wages they have been garnishing and have provided health insurance for my daughter since February 2008 which is when I first became eligible. That does not speak of the direct support I have provided to my daughter over the years. On February 3, 2011, the Judge denied the State's contempt petition stating he thought I had done all I could do to support my daughter, but ordered me to pay back child support anyway of almost $900.00. I can prove I had been forced to over pay my child support by $348 before I ever walked into that court room that day.
Marshall County DHR's conduct is ongoing in that to this day they are assessing imaginary past-due balances on me and charging me interest based on those alleged balances. To date, I have been forced to overpay my child support by $1,350.74 that I can prove. They have repeatedly denied my claims. When will it stop? I have spent the last four years studying the Constitution and Federal law which has resulted in my civil rights complaint that I intend to file against the State of Alabama, Marshall County DHR, Carla Clemons, among others.
In my suit I claim that Marshall County DHR violated my rights of due process in January and February of 2008 as defined in the U.S. Supreme Court decisions Mullane v. Central Hanover Bank & Trust Co. (1950) and Fuentes v. Shevin (1972) which resulted in the deprivation of my property rights. These actions snowballed into the contempt claim and the attempt to deprive me of my right of liberty which only resulted in further suffering on my part. Had the Marshall County DHR originally observed my rights of due process, they would have found that there was no past due support and no need to take further action back in January and February of 2008. As a result, I am entitled to compensatory damages and equitable relief according to the 11th Circuit Court decision in McKinney v. Pate (1994).
There is a certain unlawful environment created by the Title IV-D program as it relates to child support amounts, and their resulting addition to incentive payment pools which increases financial incentives received from the Federal govt based of their effectiveness in collecting support. That encouraged Mrs. Clemons to railroad over my rights of due process to certify the maximum amount possible, thereby increasing their incentive payment from the Federal govt. Then they took thousands from me and tried to have me thrown in jail. All because of a false affidavit and greed.