FDCPA and Child Support Collection;
Extortionate Credit Transactions?
Jurisdiction in Child Support Cases; WHOIS your adversary?
"Child Support" defined within Minnesota Statutes:
"Child Support".
WHOIS FAMILY COURT?
WHOIS DHS?
WHOIS CREDITOR? DEBTOR?
WHO BENEFITS?
HOLMBERG v. HOLMBERG
—holding that "[t] he administrative [child support] process violates separation of powers and is unconstitutional"
- in Brayton v. TIM PAWLENTY, 2010
This issue was also raised in Hohmann, and although we declined to address it, we did note, as we do here, that the majority of courts take the view that no reimbursement is required and deem the excess to be a voluntary overpayment that inures solely to the benefit of the child.
- in IN RE MARRIAGE OF TABER, 2012
http://scholar.google.com/scholar_case?about=13882078322339919241&hl=en&as_sdt=2,24&as_vis=1
Supreme Court of Minnesota.
January 28, 1999.
Court of Appeals of Minnesota.
June 12, 1998.
http://scholar.google.com/scholar_case?case=9309341731658008848&hl=en&as_sdt=2&as_vis=1&oi=scholarr
Court of Appeals of Minnesota.
March 28, 1995. Review Denied May 31, 1995.
FEDERAL
STATE
COUNTY
HOT Lawyer TIP:
This article is a wealth of information
regarding standing and capacity and
administrative agencies. It is an
overwhelming read. Read it over and over. It is based upon North Carolina child support cases; (most C.P.S. cases involve IV-D funding anyway; but it explains standing and capacity so well with regard to agency, and then he throws the federal statutes and regulations from the C.F.R. and the U.S.C. You can take the North Carolina G.S., google it, select key words and then search your states legislature or similar articles to find relevant authorities. This article is a gem; a CHARM even: