Whistleblower update: USCA 3rd Ckt Sets Title IV-D Child Support Precedent

USCA 3^rd Ckt Sets Title IV-D Child Support Precedent

9-21-2019

FOR IMMEDIATE RELEASE

Malhan v. New Jersey.

Class Action Affirmed in Part, Reverses in Part,

Entitles Appellant to District Court Review

Title IV-D Child Support

SARASOTA – USCA 3rd Ckt Sets Title IV-D Child Support Precedent. AVNetmedia reports through the FCLU New Jersey the USCA 3^rd Ckt setting Title IV-D Child Support Precedent, filed 9-18-2019.

The USCA 3^rd Ckt sent rogue state child support agencies reeling with new precedent, sweeping changes to add an entire layer of accountability to state child support agencies.

Malhan’s divorce in 2011 eventually resulted in his getting primary custody of his kids; however, the New Jersey child support agency failed to recalculate child support. New Jersey’s failure to comply with Federal guidelines resulted in an excessive overpayment of approximately $300,000.

Malhan’s attempts to get the required downward modification failed at the state level. The District Court applied the Rooker Feldman doctrine and dismissed for an alleged lack of jurisdiction; however, the USCA perceives Family court child support matters in the same general class as a temporary or “Interlocutory”; therefore, Rooker Feldman doesn’t apply, but wait, there’s more.

As of 2016, Myronova’s annual income increased from zero to more than $100,000—well over Malhan’s income of about $60,000.

Despite this reversal in their economic fortunes, Malhan still must pay Myronova $3,000 per month in child support— an amount the court refuses to recalculate even after acknowledging it is unusual “for a parent who is not the parent of primary residence” to receive child support. Relying on that comment, Malhan briefly stopped paying child support.

Family court’s failure to comply with guidelines child support forced Malhan to file the six count complaint in federal court. The three counts most

relevant to this appeal seek declaratory or injunctive relief against New Jersey officials for violating federal law.

Rooker Feldman Doctrine

The USCA goes into when the Rooker Feldman doctrine applies, whether or not the state court’s Interlocutory is a final judgment. The First Circuit concluded that when a state court order is “final” under Cox, it is also final under Rooker Feldman. So under the practical finality approach, there is a “judgment” if the challenged order is final under Cox or the state case has ended. The 3^rd Ckt adopts this approach and hold that Rooker–Feldman does not apply when state proceedings have neither ended nor led to orders reviewable by the United States Supreme Court.

The application of the Rooker Feldman doctrine enables rogue state child support collection agencies to collect excessive overpayments, fraudulently with impunity.

EFFECTS ON COURTS

Increased oversight of state courts would likely decrease cases loads at both the State and Federal levels. Many non-compliant child support cases that fail at the highest level of state relief, also fail because litigants are routinely barred because of Rooker Feldman, Younger Harris or the Domestic Relation exception. It is when states enforcement of excessive overpayment of guidelines level child support that magnitudes of litigation results. Compliance with Federal guidelines will reduce caseloads at the State and Federal level both, while enhancing cooperation between already strained relations.

SCOPE OF THE CASE

Total number of children in the child support program¹

Support Program

2012		2013		2014	2015	2016
Number of Children in Child Support Cases	17,156,552		16,899,994	16,337,739	15,898,934	15,562,306

1. Mean number of children in Child support cases over the five years 16,371,105 .
2. Implied number of parents = 16,371,105 x 2 = 32742210.
3. Total number affected children + parents = 49,113,315.
4. This total number of 49,113,315 affected children and parents does not include extended family: grandparents, aunts, uncles and cousins etc. Extrapolating these statistics, [see footnote 1] we can estimate nearly every person in the United states is affected by the Child Support laws at issue in the instant case.

Additional statistics applied to Veterans:

Projected U.S. Veterans Population: 19,602,316 {Female 1,902,553 9.7%}²

Percent of Veterans with one or more dependent children: 30.8%,

Divorced Veterans 13.3%

Number of Veterans Compensated for PTSD (as of 6/30/19): 1,092,511³

“Active Duty spouses are more likely to have dependent children than Veteran spouses or Surviving spouses (80.6 percent of Active Duty spouses have dependent children compared with 29.5 percent of Veteran spouses and 6.5 percent of Surviving spouses)”.⁴

Research on the part of Dr. Karin Huffer Phd⁵ and Dr. Mario Jimenez⁶ confirm the direct link between Veteran Suicides of 22 per day, to the Family Courts as a medically billable condition in the DSM V as PTSD and the Legal Abuse Syndrome.

These statistics beg the question left to the orphaned children, “Why did my dad commit suicide, because he couldn’t pay my child support.”

These statistics include We The People, Veterans and Children are seen to number in the hundreds of millions.

The author, Gary Woodroffe is an IT Engineer, Researcher, Activist, Broadcast Journalist and litigant.

 

Title IV-D Child Support

Title IV-D Child Support

Title IV-D Child Support