Response to Monterey County License Release Deal
http://www.gndzerosrv.com/Web%20Pages/Untershine_vs_CSE.html
http://www.gndzerosrv.com/Web%20Pages/Untershine_vs_CSE.pdf
06-01-19
Jim
Untershine
824
E Pass Rd #3,
Gulfport, MS 39507
gzs@gndzerosrv.com,
www.gndzerosrv.com
CA CSE:
0530020776-01
MS CSE:
616437038
OCSE Inquiry
Number: INQ00034279
Thank you for
'reaching out' to
release my drivers license which has suspended for almost 20 years
running.
The 'catch'
regarding paying
$1,100/mo puts garnishment of my retirement check at 82% which violates
the
'Consumer Protection Act' (USC 15 1673).
My only
voluntary payment to CA CSE
($185, that was distributed as interest) was a deal to release my
license after
my release from debtors prison. Monterey County
released my license, but Los Angeles County
maintained suspension. When Los
Angeles County
put me in debtors prison they released my license for free, but Monterey County
maintained suspension. Mississippi
CSE has me signed up for $1,489/mo, but I am willing to go through the
process
of getting my license to see what happens next. Mississippi
doesn't steal your car if you
drive without a license, so there is no ulterior motive to suspend
drivers
licenses.
Despite CA CSE
Torturous
Interference, Obstruction of Justice, and Malicious prosecution, I was
still
able to overpay the child support principal (I paid $93,000 directly to
my kids
in the interest of justice and best interest of the children).
It is my
contention that, from start
to finish, this has been an ongoing 'Billing Error' as described in USC
15 1666
of the 'Consumer Protection Act'. The excessive amount determined by my
lawyer
($2,200/mo should have been $1,479/mo), the double billing of LA CSE
and MC
CSE, the excessive interest charged, distributing the interest first,
paying
money to people other than my kids.
Not that I
haven't continued to
point this out and go through proper channels in an attempt to redress
grievances that effect every parent plugged into Family
Law \1:
State
Hearing
\2, written testimony to the Ways and Means Committee (Welfare
and Marriage Hearings \3, Waste, Fraud, Abuse Hearings
\4, Safety,
Well-being, Permanency Hearings \5)
I strongly
disagree with a statement
made in the "Conclusions" section of
CA
CSE
Response \6:
"Monterey
County DCSS is enforcing a
valid money judgment and is charging interest pursuant to California law. The charging of interest is
a state right and is not dictated by the federal government. 42 U.S.C.A
654(21)(A) applies to late fees and not interest. California has opted to only charge interest
and not to assess an additional late fee."
(A) at the
option of the State,
impose a late payment fee on all overdue support (as defined in section
666(e)
of this title) under any obligation being enforced under this part, in
an
amount equal to a uniform percentage determined by the State (not less
than 3
percent nor more than 6 percent) of the overdue support, which shall be
payable
by the noncustodial parent owing the overdue support; and
(B) assure that
the fee will be
collected in addition to, and only after full payment of, the overdue
support,
and that the imposition of the late payment fee shall not directly or
indirectly result in a decrease in the amount of the support which is
paid to
the child (or spouse) to whom, or on whose behalf, it is owed
USC 42 654 21
describes charging
interest on overdue support and they call it a 'late payment fee'.
It appears that
California CSE has
been 'gaslighted' by Policy Studies along with 19 other states that
relied on
their expertise to guarantee each state's compliance with a federal
mandate. (Figure
3)
Mississippi CSE
has also opted out
of USC 42 654 21 (no interest on overdue support).
Mary Gilmore of
MS CSE informed me
that she contacted Ruben Flores of CA CSE and requested that interest
be waived
after I informed her that $90,000 was paid to my kids which paid off
the child
support principal. (Figure
1)
Mary Gilmore of
MS CSE informed me
that she sent a copy of my 'Request
for Hearing' \2 to Ruben Flores of CA CSE which itemized my
corrections to
the VERY IMPRESSIVE merger of Los Angeles CSE and Monterey CSE
accounting. Monterey
CSE even included the $32,094 paid directly to the custodial parent
(11-99 QDRO
from Northrop IRA) and I am hoping they can do the same for the $93,000
paid
directly to my kids.
Hopefully, I
can convince Mary
Gilmore of MS CSE that "interest is a state right and is not dictated
by the federal
government" charges should NOT be recognized as part of the official
CSE child
support arrearage they were asked to collect on California's behalf and
is only
'the Vig' or 'the Juice' demanded to be paid by California residents.
California is 1st
in the nation
regarding their child support guideline (3 children), demanding 50% of
net
income. (Figure
2)
California is tied for 3rd
in the
nation regarding their 'Vig', demanding 10% interest on overdue support
(Figure
3)
California has 'opted
out' of USC 42 654 20 regarding
USC 42 666 b6D (fine employer who fires or refuses to hire due to CSE
garnishing wages)
USC 42 654 20
provide, to the extent required by section 666 of this title, that the
State
(A) shall have in effect all of the laws to improve child support
enforcement
effectiveness which are referred to in that section, and (B) shall
implement
the procedures which are prescribed in or pursuant to such laws;
History:
10-96 Northrop
fired me 1 week after
I discovered a problem with the Attitude subsystem used on the
Peacekeeper
missile, but claimed it was because of absenteeism due to Family Law
proceedings and court ordered evaluations. The DOD revoked my 'Secret'
clearance due to the erroneous child support amount being garnished
from my pay
($2,600/mo). Custodial parent complained to her lawyer when the child
support
stopped, but her lawyer told her to stand down because of the interest.
04-97 Custodial
parent filed for
welfare in Los
Angeles.
08-98 My
drivers license was
suspended by Los Angeles CSE and never has been released since.
08-98 Car
stolen by police
11-98 A default
court order
corrected the child support amount to $1,479/mo and promised custodial
parent
the Northrop IRA
02-99 Car
stolen by police
03-99 Custodial
parent moved in with
her fiance with my kids in 'Carmel by the Sea'
and filed for welfare in Monterey.
08-99 Debtors
prison - Arrested at
home due to Los Angeles CSE - Oldest daughter residing with me
08-99 Monterey started billing me for $1,479/mo while Los Angeles continued billing me for $2,200/mo.
11-99 Custodial
parent received $32,094
from the Northrop IRA and got off welfare in Monterey.
02-00 Hostage
released (oldest
daughter)
04-02 I was
forced to begin the Complaint
Resolution Process and obtain a State
Hearing
\2 to end the obvious fraud.
05-02 Debtors
prison - Arraignment
court due to Los Angeles CSE - Oldest daughter residing with me
06-02 Hostage
released (middle
daughter)
12-02 State
Hearing
\2 - Fraud complaint "mute" and non-compliance of Federal Mandate
complaint "lack of jurisdiction".
11-05 Debtors
prison - Arrested at
home due to Monterey CSE - Middle daughter residing with me
03-06 Hostage
released (youngest
daughter)
09-07 Car
stolen by police
09-07 Debtors
prison - Arrested (car
broke down) due to Monterey CSE - Youngest daughter residing with me
09-08 "Take my
license, steal my cars,
and put me in jail - What kinda Tijuana is this?" - Moved to Mississippi with daughter
10-08 Debtors
prison - Arrested at Mississippi
DMV due to Monterey CSE - Youngest daughter residing with me
01-13 Kids were paid $90,000 ($30,000 each)
10-13 Kids were
paid $3,000 ($1,000
each)
02-14 Mississippi CSE - $258,034 arrearage, $1,489/mo - MS CSE
powerless to override
drivers license suspension
11-18 MS CSE paid $804/mo - Retirement check garnished 60%
05-19 CA CSE
offers to release
drivers license if they can garnish 82% of retirement check ($1,100)
\1 Family
Law
Reloaded,
http://www.gndzerosrv.com/Web%20Pages/fl_reloaded0.htm
\2 State
Hearing,
http://gndzerosrv.com/Web%20Pages/dec_state_hearing.pdf
\3 Welfare
and Marriage Hearings,
http://gndzerosrv.com/Web%20Pages/fl_design_rev.pdf
\4 Waste, Fraud, Abuse Hearings,
http://gndzerosrv.com/Web%20Pages/welfare_design_rev.pdf
\5 Safety,
Well-being, Permanency Hearings,
http://gndzerosrv.com/Web%20Pages/fc_des_rev.pdf
\6 CA
CSE
Response,
http://gndzerosrv.com/Web%20Pages/MC_CSE_Response_05-22-19.pdf
\7 Request
for Hearing, http://gndzerosrv.com/Web%20Pages/MS_CSE_Request_for_Hearing_06-17-13.pdf
Figure 1, Child
Support Enforcement Baseline,
http://gndzerosrv.com/Web%20Pages/CSE_Baseline_06-01-19.jpg
Figure 2, Interstate
Child Support Guidelines,
http://gndzerosrv.com/Web%20Pages/Interstate_CS_Guideline_AllLaw.gif
Figure 3, Interstate
Child Support Interest,
http://gndzerosrv.com/Web%20Pages/CSE_State_Interest_NCSL.gif
"I am not a
criminal defense
lawyer, but I have what they call 'a very strong background' in the
criminal
justice system, and much of that background is based on extremely
personal
experience. I have taken that wolf by the ears many times, and I have
learned
many powerful lessons along the way. It is not the most desirable and
certainly
not the most efficient means of gaining an education in law. I would
not
recommend it for my son, for instance, or for anyone else's children.
There is
no prestige in it, and sure as hell no money. It is like getting an
education
in electricity by wandering around in a lightning storm with a long
steel rod
in your hands." (He
Who Goes to Law Takes a Wolf by the Ears, Hunter S. Thompson)
Jim
Untershine holds a
BSEE from Mississippi State University
and has 13 years experience in feedback control system design. Mr.
Untershine
is currently using the teachings of Werner
Heisenberg and Henry
David Thoreau to
expose Family Law as the exploitation of children
for money and the indentured servitude of heterosexual taxpayers who
dare to
raise children in this country.
| Figure 1: Child Support Enforcement Baseline - Jim Untershine |
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| Figure 2: Interstate Child Support Guidelines | Figure 3: Interstate Child Support Interest |
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