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Wednesday, November 16, 2005

Kent County Friend of the Court/ Michigan Friend of the Court. The Incompetency, the Conflict, and Removing the Pork.

Many people have questioned the competency of the friend of the court [offices]/[employees] located around the state of Michigan. This is not a problem that affects only one person, but a serious problem that has affected many families involved in Domestic Relations matters involving their children and other private affairs of dissolving couples. The foc works diligenty to secure their own and their employer's interests first. I have seen countless complaints, countless negative articles, and have had my own experiences specifically. I know I have certainly questioned the competency of the Kent County friend of the court and their employer, the 17th Judicial Circuit since their disastrous involvement in my case, resulting from a "consent" order where I was trapped awaiting a promised foc investigation that was over a YEAR LATE and a continuous assault of contempt and other actions from Judge Steven M. Pestka, Attorney Peter Walsh, the foc, and now Judge G. Patrick Hillary, to place an unfair advantage against me and causing my children to remain in a city that was foreign to them. These people serve themselves in the name of our children.

I would encourage you to read my NOW pending Motion to Suspend Automatic Enforcement and Strike All Proceedings [involving the foc] in my case that Judge G. Patrick Hillary adjourned on Oct. 28, 2005 against my will and to my belief, improperly. This clearly shows a collaborative effort between the Judge and the foc to interfere with my other pending matters! This is not a suprise because the foc is the employee and the Judicial Circuit is the employer, and they are looking out for each other. Click here for the Motion and here for the Order and then look at my subsequent letter requesting reconsideration on the Judge's action. Needless to say the Judge did not respond and further collaborated against me by issuing a new Order to Show Cause after the last one had been Stayed. The excess Pork needs to be removed, I am trying to do my part.

THE CONFLICT OF INTEREST

Here is a short and simple fact. "The friend of the court is an employee of the circuit in the judicial circuit served by the friend of the court" _MCLA 552.503(4).

The friend of the court, as an agent or employee of the judges in your case, owes its primary fiduciary duties to its employer, which is not "the people." The friend of the court has a duty of loyalty and a duty to provide information to the judges involved with your case. Many people have eluded to misconduct of the various friend of the courts located throughout Michigan and, as a matter of fact, I BELIEVE THEM! The friend of the court wants its employer and its own office to receive operational money in the form of Federal Incentive Payments provided by our Federal Government. This means the higher and more support orders that a particular County has achieved and collects on, the more money that their County receives as a direct result. Both Federal Code and Michigan Statute lay out the "incentive programs." Title 42 USC 666 and MCLA 400.18a respectively.

Under sec. 6 of the Friend of the Court Act of 1982, ..."the friend of the court is only required to perform activities under this act or the support and parenting time enforcement act when a party in that case has requested title IV-D services." Most people do not even know what a Title IV-D service is, or that the friend of the court is really an employee obligated to the Judicial circuit in which it serves, but yet everyone unless they have fought like hell practically has an open "foc case" running side by side with their Family Court proceedings. This is an outright ploy to affect performance numbers and achieve more money for the County. The more open cases, the more money they are involved with regarding parents, the more money they are awarded for performance. Simple math, get everyone in the program, then claim that they are so successful, even the majority of people have no idea how to get out from underneath the "Automatic Enforcement" and "shakedown Extortion" tactics that the foc is engaged in to get your money. The most common shakedown method is for the foc to incarcerate you when you have no money, knowing that friends and family, frantic and not knowing what is happening, will "bail you out" of jail. In fact, the foc many times forces people to borrow more and more money or face a shakedown.

WHAT CAN YOU DO?

What can you do? Help me help you. Attempt to opt-out, attempt to file Motions to Disqualify, and file grievances against the various foc staff that are engaged in shakedown processes. File Judicial Tenure Complaints against the Judges and Referees when they blatantly disregard the court rules, the statutues, and the Constitution they are charged with upholding. Send me copies of these efforts and the results. I am currently compiling a comprehensive list of employees that are engaged in these behaviors as it was found out that some of your grievances would be returned to you and not reported in the annual reports to the legislature. If you want your grievances and statements aired, simply send me an email to laryholland@sbcglobal.net and I will provide you with a fax number and/or a mailing address and procedure to get your grievances and stories heard. The friend of the court, despite their obvious conflict of interests, proceed with shaking down individuals that don't understand their rights, they pray on you. Let us air our grievances to the legislature and to the public and prevent these administrative processes from taking away our rights. Stand Up Today by not letting these derelict employees of the court grow to an administrative agency, costing the tax-payers and families millions. Stand Up Today by learning more about your rights and how the friend of the court frequently violates your rights and use your children and your fears against you to shake you down, so they can justify their own jobs and get more money for their County.

22 comments:

Anonymous said...

I think you have hit on something that now has not only your own Judge, but all Judges and F.O.C agencies scrambling throughout the state trying to now cover their tracks. I along with many others bid you well and I am fairly certain that you will have atleast one person show up on the 22.

Agencies such as this get really bothered when you stand in their office, which is a public office funded by tax payer dollars, and educate people.

In my few years of dealing with these offices I have come into contact with only one or two agents who are actually interested in true justice.

Back in 95 I laid out a scenario to the friend of the court herself in a Michigan county, the Friend of the court, originally from Texas, hired from there to here, told me that she had seen it all and that what I professed to be able to accomplish was not possible or atleast would not happen with her involvement. After four hours, I looked her in the face and said thank you, oh and by the way I told ya so... I framed the custody order.

People wake up, these folks don't care about you or your children, their only Interest is your money and the money they get for trapping you into thinking they can and will help you.

Teri said...

You're doing a great thing Lary. This isn't just a problem in Michigan. This is happening to parents all across the nation, and it's happening to both genders. Keep up the great work!

Teri
Feminist4Fathers
http://feminist4fathers.blogspot.com/

Anonymous said...

Larry, change is coming and as long as there are people out there like you this fight will keep on. More and more parents are becoming aware of the winner/loser family court system that will always treat someone unfairly. The hypocrisy in the FOC and Family court system comes to light as soon as you walk in the door when they tell you that they'll grant joint physical custody if you agree on it but if you don't then they will not, they'll have to decide on what they believe is the best interest of the children. So if they think that they know what's in the best interest then why offer joint physical at all without the court deciding what's best first? How can they make these decisions when it is in their best interest to make the parent who has the better job into the parent who doesn't get custody so that the state gets the most money from the feds? How does working make you into a poor parent?

Anonymous said...

mom,gr. mi. i pay and recive through foc and they suck all the way around i had a warrant and possible driving suspension for 200 dollars but yet i am owed 20,000.some say they let the women get off free but iam here to say thats far from the truth.i feel instead of putting the people in jail put them in a work realese program or something give them a chance to pay off their debts.or if you get along with each other and can trust each other ro take care of the child/children forgive all arears and do joint custody

Anonymous said...

The truth is the courts don't care about the lives they ruin including the childrens. They have egos larger than anyone should be allowed to have and they serve themselves , period.

Many of the judges people face are nothing short of a legalized lyncher. If they dont like you the law does not matter to them. They will abuse you and disregard the law.

Since when is is not an impropiety to hear a case drawn by those who work for the judge. The mere appearance of impropiety is grounds for disqualification. But these biased unfit to sit judges keep railroading people...their train needs derailing.

Anonymous said...

When my ex and I got divorced, we filed a quit clam on the house and the court ordered her to pay out after two years. And she did in fact.

I was laid off and fell behind by 5000.00. we agreed the money from the house would be used to fix the arreages. FOC said to have it noterized and all that jazz. this was over 6 years ago and yet they will not add the amout to the account!
I did exactly wat they told me to do! and yet to see the audit I have requested, I dont even know how many times.

You are right it always boils down to money!

Anonymous said...

I have worked in the child support arena for over 20 years and when I went through a divorce I had to convince my ex to opt out of any FOC services. I would never trust the rights to my child or my $$ to the broken system I am ashamed to say I work in.....

Anonymous said...

I don't know even where to start. I have been locked up 5 times and am facing number 6. The first time i was locked up I had the money in the bank and was not allowed to write a check or to walk across the street to get it. The 472 bucks I owed cost me a 50 K a year job. My ex wife has filed several motions with the courts to have child support dropped and they all have been denied. The FOC answer is that they don't do that anymore. Her case worker has told her that she has has my file on her desk an is watching every move i make. Is that harassment or what? In order to survive I have moved and am taking under the table jobs. With all my professional licenses suspended including my drivers license i am reduced to basicly living on the streets while my kids go with out because im either in jail or not able to work. Its time we take the terroristic tactics that FOC has employed and turn them around.

Anonymous said...

I have 3 children with my oldest 14 and my youngest 3 I have raised them all myself now my first two fathers have passed away. My 3 year olds dad left me to raise him by my self when he was 6 months old I have found a great man and just got married and finally have a good stable family and because I have turned my life around and am doing good the 3 years olds dad in witch my son does not even know is taking me to court saying I never let him see him however he has not paid child support or tried for visitation for 3 years I am scaried that this man my son does not even know and that is a known criminal and has viloent acholic issues is going to win visitation with my child. I told the foc that I have raised this child by myself and my job as his mother is to protect him and I plan on doing so I will never let him see my son the only father he knows is my husband. the man that has been there being the true meaning of a father. I guess I just dont understand how the foc thinks they are doing anybody any good by make such bad decisions just to get more money for them.

I_REST_MY_CASE said...

I am currently looking at a 2nd charge by friend of court for failure to pay ! Friend of the court Extorted $15,000 from me In March of 2006 by Fabricating a Felony charge of Nonsupport and placing a bond with no 10% of 100,000 upon me making it Impossible for me to bond out and seek retaining a lawyer to defend me against . At an Arraignment for the charge of Nonsupport the prosecutor persuaded my lawyer to approach me with Pretrial settlement offer , the offer was to plea to the charge and to accept the terms of the offer in which the court would delay sentence at a future date reserving the right to prosecute if terms of the order were not met . I repeatedly objected to the offer and maintained that I was innocent of the charge because I felt I was charged with a crime that I didn't commit ! after 5 consecutive attempts to persuade me to accept the offer brought to me through my court appointed lawyer , I was presented a final offer , I was told that if I didnt sign the offer , my bond would be continued at 100,000 and I would sit in jail for a term of 6 months and await my trial date ! This is the most clear cut case of Extortion if there ever was such ! I had no choice but to take the offer because my freedom was at stake ! In March of 2007 I completed the terms and my case was dismissed without prejudice , meaning that the court can avoid the double jeopardy rule and on a future date charge me again with the same identicle charge ... here it is December 2007 and the Sherrif of Wayne County & Friend of court are again seeking to Incarcerate me on a felony warrant for the exact same charge .. not even a year has passed and the courts are ready to Extort even more from me . Except there are Extreme Circumstances having a direct affect on my finances . My 9 yr old little girls mom from unrelated relationship passed away in may 2007 . I drove to Tennessee and got an order to bring my daughter back here and raise her . After working my tail off to get her into a decent school and put a roof over her head , she has to worry about the threat of now losing her dad because dad cannot afford a professional lawyer to fight these vultures off . I say to you this , BEWARE FOC ! I am exhausted with your involvement in destroying mine and my childrens lives . I am now backed into a corner and I pledge to you that I will fight to the finish for my rights and rights of others unjustly burdened with your laws and your wrathe . I will fight alongside with other Advocates to put an End to the abuse of Power and fight to reform the social security Act that masks your deceptive unconstitutional behavior .

Anonymous said...

I've been dealing with foc for 16 years, between my daughters dad and foc they are harrassing, stalking, basically stealing. we have 54 million people in this country that don't have health insurance, my daughter is covered, by her dad, seeing as I am unemployed. He harrassed foc to the point they made me go in for a formal hearing to discover reasonable cost for me to pay is a whopping $27! Yet, at 16 she has no say, she can legally be emancipated but the foc won't allow her any say. And if you can imagine he's trying to make me pay 44$ for insurance, you know it's not about the child at all! And foc allows this, time and time again. But who helps me pay car insurance?, extras for school, prom, year book, and luck us in caledonia, INTERIM! FOC sucks, always has, always will!

Anonymous said...

I think my husband has the same Judge, Pestka. Or may be different now too, for all I know for case load relief. All I know is, Kent County is full of A******s! He is paying arrearages on a kid that may not even be his! They wouldn't let him get a DNA. The broad tricked him telling him she will marry him and said CYA! He was stupid too for believing it. But, he was threatened by this FOC that they will take his drivers license, and/or arrest him if he didn't show up for a show cause. We are in the Detroit area, so we had to take a day off of work just to go to the other side of the state for a stupid show cause so they didn't put a bench warrant on him. He was let go from a job, was trying to find new employment, we had no money. He had to borrow money from his sister, just like you said, to keep himself out of jail. I wish he still had the paperwork. This daughter he is paying on, she happens to be 27, with 3 children, unmarried, her boyfriend that she has 2 children with, was working, in Kent County, when they came and arrested him right at his job. They have done this to him numerous times causing him to lose employment. Does this make sense that they ARREST someone when they are trying to make an effort to pay the support? My husband has child support taken right out of his check, and what really kills me is how they go after our tax return money. And what really ticks me off is it is MY 2 children, not my husbands, who is on the tax return for the child credits. I feel really jipped even with the injured spouse claim. Oh yea, and when you try to call the friend of court office, you can never ever get a hold of a live person. I have a girlfriend here in Macomb County. She has 3 children, married 2 times, all 3 kids have a diff. dad. The first 2 dad's do not pay whatsoever, she is owed over $100,000 between the 2 of them. She can't get the court to do anything to them, no show causes, no income tax intercepts, no licenses taken away. Why are these two counties so different if they are all supposed to be abiding to "MICHIGAN" law? I think one of these counties we can call a BULLY county.

Anonymous said...

I couldn't agree more with the fact that the Kent County FOC is managed by unqualified personnel. To be more specific, from Case Manager's (23 year old social workers) who have no actual life experience or...children. It's laughable that they attempt to mediate family matters. Also, insane accounting practices that heavily favor Mom's. Please, level the playing field here...!

Through an FOC admitted 5 year old error in accounting, I was forced to pay back child support in the amount of $10K (after taxes) within a period of one year. This was neither the fault of myself or the Mom. And, the Mom who received the back support stated to the FOC that she, in fact, did not "need" the back child support. The result on Dad and son was the cost (I live out of state) was now much to expensive to visit and spend parenting time with my son on alternating weekends. Shame on the Kent County FOC for creating problems and undermining strong parental relationships with their children. I will not forget what the Kent County FOC did to my relationship with our son. Perhaps the FOC could begin managing the war in Iraq...we'd see the same results...SHAME!

Anonymous said...

I would disagre that Kent County Friend of the Court favors the mothers. I have had child support reduced on me twice. I know that the father is pocketing cash because he owns his own business and gets paid in CASH. He can cheat because he has his own business! They actually favor him because he is the one giving them the MONEY!!!!! It is all about the MONEY! Once they get you locked into their system you can't get out. Actually though, I really could care less about the child support. I would just like to get out of their system. It is like being in an invisible PRISON!!!!!

Also, they are now beginning to take $25 from the children AFTER the father pays his first $500 in support for the year. They are not taking more money from the fathers, they are taking more money from the CHILDREN!!! I do not believe that it will stop at the $25 dollars folks! ONCE THEY BEGIN DIPPING INTO THE POT THEY WILL GRADUALLY THE AMOUNT MORE AND MORE. It will not stop at the $25 dollars. They will find more excuses to take more money from the children. Kent County Friend of the Court sucks and they need to be eliminated!!!!! All parents need to be removed from this PRISON!!!!!!!!!!!!!!!!!

Anonymous said...

I too have had nothing but horrible experiences with Kent County FOC. I had documentation from a licenced therapist that had counseled BOTH of us, with a father that was sleeping with an 18 year old son, attempted sucide, and yet David Bosworth, who was to "investgate" our case chose only to interview the two of us, and of course beleived the "expert liar. Where do they get there training from? One interview with a skillful deceitful person is not an investgation!! When they took "extra" money out of my check I had to wait a month to get it back, there mistake, but then it put me behind in my other bills, do they can, not at all!!! Trust in God, He is the only one you can Trust, surely not our court system!

Anonymous said...

Lets add another comment about the incompetency of the Kent County FOC employees:

In 1992 their office computerized their accounting. In the process they ingnored their own documents showing a large number of payments and court authorized credits which had been applied toward my child support. In error they claimed I still owed them over $12,000. In an attempt to collect they filed a motion in court in my current state of residence through the child support services. I presented the evidence to the judge and he responded by throwing out the case. His words: "There is no doubt that this support claim is unjustified. The evidence clearly shows that the child support requirements for this child have been not only paid, but over-paid by nearly $8,000."

For fifteen years I have been sending letters pointing out their mistakes and offering help to fix them. I have sent copies of their own documentation. I only received defiant letters demanding full payment in response. Only one time in the last ten years was I actually able to talk with someone (they never answer a phone call or return a message). The clerk that answered said, "It doesn't matter what documentation you have (proof of payment) as long as the woman (my ex wife) says you owe the money we will collect it."

I have been unable to return to Michigan for the last seventeen years due to warrants and threats from this office. In addition I have had to fight liens, tax offsets, URESA actions, and payroll garnishments. This, two months ago, finally culminated in their freezing over $25,000 of my personal and client funds in my savings and business checking accounts. Later most of these funds were confiscated. This was done without proper notification. When I sent certified objection letters, I received form letters saying my response was too late. If it never will end, they have now have stopped me from renewing my passport and have recently sent me a letter saying I owe another $3000. This now prohibits me from visiting my first grandchild, my son and wife who live out of the country.

If there is a way to make them pay back not only the money they have illegally taken but for the hell they have put me through, I plan to find it. I have not been able to afford a legal battle until now. Are these FOC employees who have perpetrated these crimes exempt from prosecution? They deserve to be locked up for what they have done.

Anonymous said...

Going in friday to try and get my
support reduced. 3.5 yrs of not having enough work too support my self,let alone pay support.Self employed Builder/carpenter.Try to get a job,No one calls back !!!
VERY Frustrating.Will let you know how it gose.....IF i make it back
home.Im sad too say this but this site is kind of a relief knowing Im not alone in this hell were in

Anonymous said...

The Kent County FOC has done nothing for my son but taken his mothers (me) ability to provide for him away and given tons of cash to his father who took the child against my wishes and lied about the return date and time, leading me to believe my son would be returned to me. I foolishly believed his lies and the return date my ex called me to tell me he was not returning our son. He has done nothing for me the entire time I had our son alone. He sent me a total of $50 when I was living alone, paying all of my own bills and he was begging me to not file for child support. Since this has started, the FOC took so much money out of my paycheck that the last one was for only $4.57 and my human resources department was issues a letter stating the FOC would require they take out for my sons health insurance benefits so that the state did not have to cover it anymore. It stated I had 10 days to appeal, it was a Wednesday, I sent appeal on Thursday and Friday my paycheck was deducted. My son received benefits he did not need, like vision insurance. It was totally ridiculous. My latest 'bill' from FOC stated I owed $1200, however when my tax return came back $3500 or more, the gobbled up every penny of it. When I appealed that and asked why..I was told that they can make any rates they seem fit and that my rate had increased (even though my company shut down and I have since been unemployed) I also have been penalized for being late with 4% on top of that and a handful of fines and fees. Even if I were able to work out a payment plan, I would never catch up...they don't want me to, they want to back me in to a corner and try to intimidate me to pay. When I resisted on the phone, the man told me they issued a warrant and have been known to come out of state. I'm not afraid of a warrant, but after reading these posts, I do know it will never end. Also, I've had three caseworkers, always waiting average 45minutes on hold just to get a voicemail, and never get a call back. I mean were talking I left like 25 messages day after day. And this is during my work day and long distance. Also, the three times we've went before the judge, I've had to cover flight, hotel, taxis, and expenses plus the time off work. The court took so long to give me an official court date once that I booked a ticket only little over a week in advance and paid over $450 for it. I didnt want to sign the first parenting agreement but again was backed in to a corner because I couldnt afford to stay longer in Michigan and the Judge Zemaitis wanted us out of there. I filed a motion to attend court via web cam and it was denied. All the while, my son is without me..who he's been with 24/7 since birth, and he's in a strange surrounding. This whole thing revolves around my ex. He doesnt want my son, he wants me. He has told me numerous times, come back with me and it will all go away..and although he's verbally and physically abusive I have entertained the idea just to rid myself of the FOC system. The man on the phone told me my caseworker was no longer there, same story as always, and that he could give me name and ext of someone that could answer questions in the future. I know the deal. I'm not afraid of Kent County FOC...I think its disgusting what they do, but I know that karma will come thru for me and those money hungry scums will get theirs.

kelli said...

I am trying to find a way to help my fiancee to get things with his kids straightened out. He has not been able to see any of his kids in a long time. The State of Michigan "Kent County FOC" Has slapped him with 70,000 dollars in back child support and the man was homeless for many years in michigan. The mothers filed for child support in 2006 from what I can tell on the papers, they used his income then to determine what his arrears was. He is still homeless living out of his truck trying to make as much money as he can to pay his child support. When did it become an issue of The father of these kids doesn't get to see them the FOC actually knows where one of the mothers is and will not tell him so he can try to have something to do with his kids, then they expect him to pay this outragous amount of child support. The man Still has not given up and is still going without a place to live to pay his child support. When is this going to stop? What do we do to put a stop to it and make the court systems be responsible for their actions?

Anonymous said...

Hi i would also like to add my account of what they are also doing to others and me...I agree with what you say and what they have done to other people..Im currently in a battle to get my passport hold released from them to get a very good job in london as i also have a foc case in washington state and they was so helpful and made it easy for me.. then when it came to michigan im dead in the water now..

Anonymous said...

HELP ME!!!!!!!!!!!! I dont know what to do anymore all i want is to spend time with my daughter but her mother is one of those types she will call the cops and have them wait for me to show up to get my daughter knowing i have a bench warrant cause im unemployed and everytime i try to move forward the FOC does something to push me down. I have a commercial liscense i cant use cause they keep takeing it away. I have nothing but a loving g/f that is trying to help me but i cant rely on her for everything. I know that i helped make this child and i want to take responsibility but how am i to do this when i dont know how to fight back to get on my feet

Frustrated in Kent County said...

We have similar stories of a custody order, my wife's ex lied to the court and an "investigation that is 5 months old now. They do not listen, they ask the same questions and do not get facts right. He makes accusations about what is in our house based on the ex...none of it true but it is too far to drive to come out and see the ex is a habitual liar. frustrating!!

I had an evaluator in Gratiot County lie to me...right to my face...I have tried to call them 3 times in the last 4 weeks to discuss issues, no returned calls.

A friend in St Joe has an ex $10 behind and not paying the FOC says there is nothing they can do because he is in Arizona? Well they allowed him to petition to lesson his support!!!! He sees his kids 8% time (3 weeks in the summer) and they figured his new support on having the kids 35% of the time. Incompetence!

How to we rid our state of this white collar welfare? Can we get a ballet and have people vote on this in November???

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