Karl H. Timmerman M.A.J.D. © 2002
All Rights Reserved
A MISSOURI LAWYER'S RAMBLINGS
MoBar Solo and Small Firm Internet Group
JULY 5, 2002
( In response to a post from David Browning suggesting that a 42 USC 1983 action will be necessary to challange Missouri's current child support collection statutes.)
You may be right, Dave. But it saddens me .. that we have to bring in the Feds ... rather than clean our own house. Some of you may be wondering ... what's the big deal: DCSE is only going after dead beat parents whose support obligation I have been paying with my tax dollars. WRONG!!!! Two separate issues: on the broader scale, do we really want to give up "Due Process" in order to allow an agency of the executive branch to expedite an outcome? On a more narrow scale, do we want to give a DCSE or a DOR clerk, (who believes, either correctly or not ... you owe money) .. the power to snatch your property .. with no opportunity for a hearing until after the fact?
1.) Do the ends justify the means? Is "expediency" grounds for trashing what so many have given their all for? "Due Process" is a fundamental right. Do you wish to waive that right? For what? To save some money? To save some time? Do we really, as a society, want to give a clerk THAT much power in the hope that he/she will "expedite" the process and not abuse that power? Our Founding Fathers didn't think so.
2.) .... <sigh> ... so you give a person absolute power. A person who has never had absolute power. A person who is very much a human being ... with an ex-husband .. or ex-wife ... and children ... will they have a bias, (we all have a bias ... "bias", by definition, being how we view the world, based on our prior experiences) .... yup ....... so share with me, what are the odds that they will NOT abuse that power? So you have a clerk ... who, based upon the facts available to him/her, (now keep in mind ... that the Family Support Collection Center's computers have .. to date not been reconciled with the Circuit Clerk computers ... so ... no one is willing to attest, (swearing under oath), what payments have and .. have not been made .. can attach tenancy by the entirety bank accounts ... without notice .. garnish your paycheck ... garnish your Social Security benefits, attach your joint tax return ... set aside property transfers. attach your property, like boats, cars ...ad nausium ... if you want a list of their powers .. e-mail me ... I'll be happy to send you an overview of their current powers.... My Susan is calling and this "soapbox" is starting to feel lonely ... I wonder if my "bleating" can make a difference ... I wonder if anyone is listening. I want my children ... who are American, (by birthright) ... to have the America I did ask to be part of, (naturalized citizen, Mineola, New York, 1965) ... the America which has been ... me included, (drafted 1967) .... worth dying for.
As an after thought ... I do NOT apologize for what I believe ... I make NO excuses for my dear friends, that died for their America .. I make no excuses for the greatest Nation, my America, on this earth ... and to those ... that think they will defeat .. me, my family, my friends, my town, my State .. my America ... to quote Toby Keith ... "we WILL put a boot up your ass ... <smiling> ... courtesy of the "Red, White and Blue".
no huggers ... just a plain ole statement of fact :)