Disclaimer: The Men's Activism News Network is not responsible for and cannot ensure the accuracy of the following article. As a rule, we generally do not post personal stories for legal reasons, but the following exception was made since Mr. Misner limited any mention of other individuals in his article and is publishing this material in book form.

When can I walk as a free American?

I've sent this message to Senators and Governors and Mayors in the States most directly in touch with my situation, and to President Bush. Mayor Giuliani's FAX machine just wouldn't pick up. And I hope government representatives can take a hand to accomplish this simple task. I did receive a response from Illinois' Senator Fitzgerald. He has invited me to Washington, to discuss things over breakfast. I am also regularly alerting the media to my situation, and my new book. Over the years, I've tried every related County, State, Regional, and Federal Office and Agency, only to find that County family agencies are above the scrutiny of any other governmental office or agency, and are hence free to, and do, routinely violate laws and the constitution to no consequence.

I am extending this offer with every plea for help in my case. "If anyone can recoup the moneys which Macomb County, Michigan has overcharged for my child support, I would gladly allow 100% of it to be diverted to the relief efforts in New York - that amount of cash should be approaching $25,000. I have all the documentation and receipts."

Everything in this letter is covered in my new book, In The Children's Best Interest. I'm already writing a follow-up book. And this letter will be in the introduction section to that book. I hope you find it in your heart to respond and react to this request for action. Any media time would be greatly appreciated. America's children deserve protection of the laws which are in place. Cases like mine are all too common. And continuing to ignore cases like mine only allow family agencies to continue to violate federal law, state law, and like my case, even their own Circuit Court Orders, all at the expense of our children.

My two daughters were emancipated from child support in October, '95 (6 years ago) and January, '97 (almost 5 years ago). My total child support obligation is overpaid by $25,000. A withholding order is still enforced, and money is still taken from my paychecks. There is a warrant for my arrest TODAY, for non-payment of support, even though this withholding order has been in effect since 1988, and I've changed jobs only once and have been continuously employed and paying. Every day, I wonder if I will ever be allowed to live in America without the constant threat of being jailed at any moment, because no one in the Macomb County, Michigan, Friend of the Court can add and subtract.

For over a year I paid child support to my ex, while simultaneously, my older daughter was a ward of the State of Michigan. I also reimbursed probate court costs, and was billed an additional $11,900 when my ex institutionalized my daughter for voicing her desire to come live with me - her biological father. Hence I was forced to pay for my older daughter to be in two places at the same time for over a year.

I repeatedly requested copies of my accounting for over 11 years. It was only after going to the agency in person, and stating, "If you don't give me a copy of my own accounting records, then you are in violation of the Freedom of Information Act", that I finally did get a copy of my accounting records. Upon review of those records, I found multiple problems.

There were "adjustments" in the accounting, which added thousands to my balance. These were in addition to the interest being charged. I asked what those adjustments were, and the only response was, "We can't tell you specifically what those adjustments are. They just happen." ...but that's not all!

There was a specific period of over a year, where the accounting was in violation of even their own court orders. When pushed for over six hours of heated exchange, they finally admitted, "Your case worker didn't feel that the court order was fair, so he went to previous orders and adjusted the accounting to something that seemed to make more sense." I asked if a caseworker has the authority to override the signature of a circuit court judge. They promised to make the appropriate deductions from my balance, and proceeded to add this adjustment rather than deduct it from my balance. ...And that's not all!

When the family agents initially established my support, they used income information, which was known to be out of date and not a reflection of my true income. I had been in a debilitating accident at work before my wife filed for divorce. My initial child support obligation was established on income information from before the accident, not a reflection of my current income. So, my initial order for support was in violation of the federal guidelines.

I was told to bring my next income statement for an adjustment. When I did, I was told that I couldn't get an appointment to see a caseworker, unless I had an attorney. I said I had the right to represent myself, and asked for an appointment. The desk clerk picked up the phone and told me she was calling security to have me escorted from the building. Being in a full upper torso brace, and walking only with crutches, I left rather than to be wrestled out of the building. I believe I had a right to see a caseworker, and certainly had a right to represent myself in this situation.

Further, a hearing in my case was held without notifying me. I believe this was in violation of my right to be notified.

And because I was denied access, and denied my right to a hearing, my child support obligation was more than twice my gross income for over 5 years, in violation of the Consumer Protection Act.

There was a warrant issued for my arrest at that hearing, and was forced to desert my children, or go to jail for being debilitated. Had I been arrested and jailed, THAT would have been a violation of the 13th Amendment ( "No indebtedness warrants the suspension of the right to be free from compulsory service." - already referenced and upheld as it relates to incarceration for non-payment of child support). Some rulings in these cases also discuss the Antipeonage Act, as implementing the 13th Amendment and under the enabling language of the Amendment. But the current laws make no distinction for those who refuse to pay, as compared to those who cannot pay. So, the courts say if you don't pay, regardless of your ability to pay, we will call it "contempt of court" and put you in jail. If it flies/swims/waddles/quacks like a duck, you can paint it pink, put a bow on it, and call it an elephant, but it's still a duck. Debtor's prison is commonplace in the land of the free.

While in college, putting myself into a position to pay my child support, Michigan initiated an action for hearing in Indiana. The Indiana court reviewed my true income, and proceeded to enforce and order for child support. However, Michigan continued enforcing their order, though their actions resulted in a second order, on the same case, enforced simultaneously in another State. Two orders, enforced simultaneously on the same case is in violation to protection from being twice put in jeopardy. I have a letter stating this type of situation is specifically the impetus for implementing UIFSA. "The Clinton administration in its proposed Work and Responsibility Act of 1994 is pursuing a change in this by advocating that all States adopt the Uniform Interstate Family Support Act which provides for one controlling order at a time, which should eliminate confusion stemming from the existence of multiple orders."

And aside from the impact all of this has had on my children, this is what I find most reprehensible. I've made reference to several Article I rights. Several lawyers have told me that certain portions of Article I were written expressly to protect the rights of criminals. Has it come to this point, where the constitution is interpreted such that some groups have certain protections by the law, while other groups are excluded from the same protection? I find this perspective reprehensible, especially in light of the 14th Amendment's clear insistence for equal protection; "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Stating that certain rights are reserved for select groups, while all others are excluded from the same protection is ludicrous, and clearly in violation of the 14th Amendment. And so, these other violations, exercised routinely and daily by the States at the county level should be addressed immediately!

60% of America's rapists, 72% of adolescent murders, and 70% of long-term inmates grew up in fatherless homes. Help our children to have more stable and successful lives. And help us all, as a society to be safer and more stable, by addressing children's needs. The best parent, is both parents.

And above all, parents have a Constitutional right to the care, custody and maintenance of their children as defined by the Supreme Court of the United States in Stanley vs. State of Illinois and Santosky vs. Kramer. Help protect parent's rights, and children's rights. Bringing media attention to my case, and my book, will be a helpful step.

Thank you for your time and consideration.
Leonard Misner, author
In The Children's Best Interest, ISBN: 1-58820-698-X
(1stBooks.com) (Ingram Book Group)
www.leonardmisner.com
lamisner@aol.com