MA - Fathers & Families Takes Child Support Challenge to New Court

http://mensnewsdaily.com/glennsacks/...-to-new-court/

Glenn Sacks

Fathers & Families Takes Child Support Challenge to New Court
2009-01-13

From Ned Holstein, MD, MS, Executive Director of Fathers & Families:

The new Massachusetts Child Support Guidelines went into effect January 1.
They are causing substantial increases in child support in almost all cases.
Many payors will see increases of "only" 20%, but some will see a tripling
of their child support order, even when they are poor and the recipient is
wealthy. In high income cases, the child support order for one child could
exceed $50,000 per year.

We are bringing a lawsuit in state court to stop the new Guidelines. We
need your financial gifts to sustain our legal expenses. When we went to
federal court on January 5, there was an outpouring of gifts, and we need
you to rise to the occasion again by clicking here.

How much money is legitimately needed to support a child? Far less than
the Guidelines require, in many cases. If a recipient and payor earn the
same amount, when all factors are taken into consideration, the recipient
will enjoy a standard of living almost double that of the payor. This holds
true throughout the broad range of middle class incomes.

For details, see the Minority Report I wrote about the new Guidelines.
Instead of the child-friendly "two-condo solution," the new Guidelines
produce a "castle and shack" outcome.

Fathers & Families believes the new Child Support Guidelines violate the
Massachusetts constitution in several ways.

They violate both the due process and equal protection rights of payors of
child support. Also, the Guidelines violate Article 30 of the Massachusetts
Declaration of Rights by having a secret committee prepare them, and a
single judge declare them to be law. In contrast, Article 30 requires
legislative approval of the Guidelines.

We argued these points before Judge D.P. Woodlock in federal court on
January 5. We had a great turnout-almost 50 of our supporters took time off
from work to attend the hearing. Judge Woodlock decided that the case
belonged in state court, not in federal court. He did not rule on the merits
of our case.

We had good reasons for going to federal court, but we did not win, so now
we are going to state court. To do so, we again need your help and support
by making as large a tax-deductible gift as you possibly can by clicking
here.

Together with you in the love of our children,

Ned Holstein, M.D., M.S.
Executive Director

Some background info. from MSNBC's Judge denies challenge to child support
rules (1/5/09):

BOSTON - A federal judge on Monday rejected a bid to stop state family
court judges from using new child support guidelines that a fathers' rights
group claims are unfair.

Fathers and Families Inc., a Boston-based group that pushes for reform of
child custody and support policies, last month sued the state's chief
administrative Judge Robert Mulligan and state trial court judges over the
new guidelines -- which the group claims are burdensome to fathers and do
not take into account the costs of raising children.

Judge Douglas Woodlock denied the group's request for an injunction to
stop the new guidelines from being used, saying it would be inappropriate
for the federal courts to get involved in a battle over state guidelines.

Ned Holstein, the executive director of Fathers and Families, said the
group will likely refile the lawsuit in state court.

In its complaint, the group said the new guidelines call for support
payments to be calculated based primarily on income, not the expenses
incurred by the parents to raise the child. The group said the new
guidelines also fail to take into account factors affecting income such as
tax status, marital status, employment status and obligations to support
other children...

In a statement issued Monday, Mulligan said the new guidelines were based
on a review by a task force that analyzed data and "thoughtfully considered
diverse perspectives.""I am very confident, based on my review and their
recommendations, that the changes are in the best interests of children
across the state," Mulligan said.

Mulligan said the new guidelines include provisions that consider the
increase in health insurance costs and the requirement of mandatory health
insurance in Massachusetts and provide greater guidance to judges for when a
child support order should be modified.

But Holstein, who was a member of the task force, said the revised
guidelines will increase the financial burden on many divorced fathers who
are already struggling to make support payments.

"Somewhere there has to be relief for people who are going to be driven
into poverty by the actions of a single judge who is unelected and not
accountable to the public," Holstein said.

The government needs to get out of family business!


"Dusty" wrote in message
...
http://mensnewsdaily.com/glennsacks/...-to-new-court/

Glenn Sacks

Fathers & Families Takes Child Support Challenge to New Court
2009-01-13

From Ned Holstein, MD, MS, Executive Director of Fathers & Families:

The new Massachusetts Child Support Guidelines went into effect January
1. They are causing substantial increases in child support in almost all
cases. Many payors will see increases of "only" 20%, but some will see a
tripling of their child support order, even when they are poor and the
recipient is wealthy. In high income cases, the child support order for
one child could exceed $50,000 per year.

We are bringing a lawsuit in state court to stop the new Guidelines. We
need your financial gifts to sustain our legal expenses. When we went to
federal court on January 5, there was an outpouring of gifts, and we need
you to rise to the occasion again by clicking here.

How much money is legitimately needed to support a child? Far less than
the Guidelines require, in many cases. If a recipient and payor earn the
same amount, when all factors are taken into consideration, the recipient
will enjoy a standard of living almost double that of the payor. This
holds true throughout the broad range of middle class incomes.

For details, see the Minority Report I wrote about the new Guidelines.
Instead of the child-friendly "two-condo solution," the new Guidelines
produce a "castle and shack" outcome.

Fathers & Families believes the new Child Support Guidelines violate the
Massachusetts constitution in several ways.

They violate both the due process and equal protection rights of payors
of child support. Also, the Guidelines violate Article 30 of the
Massachusetts Declaration of Rights by having a secret committee prepare
them, and a single judge declare them to be law. In contrast, Article 30
requires legislative approval of the Guidelines.

We argued these points before Judge D.P. Woodlock in federal court on
January 5. We had a great turnout-almost 50 of our supporters took time
off from work to attend the hearing. Judge Woodlock decided that the case
belonged in state court, not in federal court. He did not rule on the
merits of our case.

We had good reasons for going to federal court, but we did not win, so
now we are going to state court. To do so, we again need your help and
support by making as large a tax-deductible gift as you possibly can by
clicking here.

Together with you in the love of our children,

Ned Holstein, M.D., M.S.
Executive Director

Some background info. from MSNBC's Judge denies challenge to child support
rules (1/5/09):

BOSTON - A federal judge on Monday rejected a bid to stop state family
court judges from using new child support guidelines that a fathers'
rights group claims are unfair.

Fathers and Families Inc., a Boston-based group that pushes for reform of
child custody and support policies, last month sued the state's chief
administrative Judge Robert Mulligan and state trial court judges over the
new guidelines -- which the group claims are burdensome to fathers and do
not take into account the costs of raising children.

Judge Douglas Woodlock denied the group's request for an injunction to
stop the new guidelines from being used, saying it would be inappropriate
for the federal courts to get involved in a battle over state guidelines.

Ned Holstein, the executive director of Fathers and Families, said the
group will likely refile the lawsuit in state court.

In its complaint, the group said the new guidelines call for support
payments to be calculated based primarily on income, not the expenses
incurred by the parents to raise the child. The group said the new
guidelines also fail to take into account factors affecting income such as
tax status, marital status, employment status and obligations to support
other children...

In a statement issued Monday, Mulligan said the new guidelines were based
on a review by a task force that analyzed data and "thoughtfully
considered diverse perspectives.""I am very confident, based on my review
and their recommendations, that the changes are in the best interests of
children across the state," Mulligan said.

Mulligan said the new guidelines include provisions that consider the
increase in health insurance costs and the requirement of mandatory health
insurance in Massachusetts and provide greater guidance to judges for when
a child support order should be modified.

But Holstein, who was a member of the task force, said the revised
guidelines will increase the financial burden on many divorced fathers who
are already struggling to make support payments.

"Somewhere there has to be relief for people who are going to be driven
into poverty by the actions of a single judge who is unelected and not
accountable to the public," Holstein said.

--
Any man that's good enough to pay child support is good enough to have
custody of such child.
"DB" wrote in message
...
The government needs to get out of family business!

It has nothing do with family. It has nothing to do with the "support" of
any children either. The ONLY thing it has to do with is the taking of money
(by force or threat thereof) from men and giving some of it to women and the
rest to themselves............ period!



"Dusty" wrote in message
...
http://mensnewsdaily.com/glennsacks/...-to-new-court/

Glenn Sacks

Fathers & Families Takes Child Support Challenge to New Court
2009-01-13

From Ned Holstein, MD, MS, Executive Director of Fathers & Families:

The new Massachusetts Child Support Guidelines went into effect January
1. They are causing substantial increases in child support in almost all
cases. Many payors will see increases of "only" 20%, but some will see a
tripling of their child support order, even when they are poor and the
recipient is wealthy. In high income cases, the child support order for
one child could exceed $50,000 per year.

We are bringing a lawsuit in state court to stop the new Guidelines. We
need your financial gifts to sustain our legal expenses. When we went to
federal court on January 5, there was an outpouring of gifts, and we need
you to rise to the occasion again by clicking here.

How much money is legitimately needed to support a child? Far less than
the Guidelines require, in many cases. If a recipient and payor earn the
same amount, when all factors are taken into consideration, the recipient
will enjoy a standard of living almost double that of the payor. This
holds true throughout the broad range of middle class incomes.

For details, see the Minority Report I wrote about the new Guidelines.
Instead of the child-friendly "two-condo solution," the new Guidelines
produce a "castle and shack" outcome.

Fathers & Families believes the new Child Support Guidelines violate the
Massachusetts constitution in several ways.

They violate both the due process and equal protection rights of payors
of child support. Also, the Guidelines violate Article 30 of the
Massachusetts Declaration of Rights by having a secret committee prepare
them, and a single judge declare them to be law. In contrast, Article 30
requires legislative approval of the Guidelines.

We argued these points before Judge D.P. Woodlock in federal court on
January 5. We had a great turnout-almost 50 of our supporters took time
off from work to attend the hearing. Judge Woodlock decided that the case
belonged in state court, not in federal court. He did not rule on the
merits of our case.

We had good reasons for going to federal court, but we did not win, so
now we are going to state court. To do so, we again need your help and
support by making as large a tax-deductible gift as you possibly can by
clicking here.

Together with you in the love of our children,

Ned Holstein, M.D., M.S.
Executive Director

Some background info. from MSNBC's Judge denies challenge to child
support rules (1/5/09):

BOSTON - A federal judge on Monday rejected a bid to stop state family
court judges from using new child support guidelines that a fathers'
rights group claims are unfair.

Fathers and Families Inc., a Boston-based group that pushes for reform
of child custody and support policies, last month sued the state's chief
administrative Judge Robert Mulligan and state trial court judges over
the new guidelines -- which the group claims are burdensome to fathers
and do not take into account the costs of raising children.

Judge Douglas Woodlock denied the group's request for an injunction to
stop the new guidelines from being used, saying it would be inappropriate
for the federal courts to get involved in a battle over state guidelines.

Ned Holstein, the executive director of Fathers and Families, said the
group will likely refile the lawsuit in state court.

In its complaint, the group said the new guidelines call for support
payments to be calculated based primarily on income, not the expenses
incurred by the parents to raise the child. The group said the new
guidelines also fail to take into account factors affecting income such
as tax status, marital status, employment status and obligations to
support other children...

In a statement issued Monday, Mulligan said the new guidelines were
based on a review by a task force that analyzed data and "thoughtfully
considered diverse perspectives.""I am very confident, based on my review
and their recommendations, that the changes are in the best interests of
children across the state," Mulligan said.

Mulligan said the new guidelines include provisions that consider the
increase in health insurance costs and the requirement of mandatory
health insurance in Massachusetts and provide greater guidance to judges
for when a child support order should be modified.

But Holstein, who was a member of the task force, said the revised
guidelines will increase the financial burden on many divorced fathers
who are already struggling to make support payments.

"Somewhere there has to be relief for people who are going to be driven
into poverty by the actions of a single judge who is unelected and not
accountable to the public," Holstein said.