WBUR

SJC Upholds Child Support Guidelines

BOSTON — The highest court in Massachusetts has rejected a challenge to child support guidelines that a fathers’ rights group says are unfair.

The Supreme Judicial Court Thursday upheld a lower court judge’s decision to dismiss a lawsuit filed by Fathers & Families Inc. and about a dozen fathers against the state’s chief justice for administration and management, who promulgated the new guidelines in 2009.

Fathers and Families sued the state, charging that the guidelines are unconstitutional because they were written by judge, not by lawmakers.

“We want a formula that results in numbers — that is to say amounts of money to be paid — that work well for everybody in the family,” said Dr. Ned Holstein, who runs the group. “We think these numbers can be done much better.”

Holstein was on the committee that helped write the guidelines. He says it’s unfair that a parent who wins custody ends up with about twice as much money as the parent who does not.

“The child sees their dad as a complete loser who has no ability to affect anything in their lives because he’s broke,” Holstein said. “It’s not good for children to perceive one of their parents that way — either their father or their mother.”

The court said the group’s appeal was inappropriate since it’s not connected to any individual case. It did, however, say that opponents will have a chance to challenged the child support guidelines individually.

With reporting by The Associated Press and the WBUR Newsroom

Please follow our community rules when engaging in comment discussion on wbur.org.
  • Jay

    I really admire the effort your group is putting forth.  However, you guys are not constructing and presenting the right arguments and legal dissertations necessary to win your cases.  Stick with the relevant, constitutional Amendments 100%, carefully scrutinize and explain why the States do not have a rational, compelling, interest to even validate child support, and peel back the onion and reveal the lawlessness going on between all the States and the Secretary of the Treasury (incentives).  Also remember…A CS Guideline is just that -  a guideline!!!  It is not a law that anybody is forced to follow. It is merely a guideline for the State administrative agencies to have, follow and unlawfully enforce in order for the States to get their share of the governmental pie called INCENTIVES!!

    The federal government does just enough not to get their hands dirty and violate the Constitution which would cause it to commit TREASON on the free citizens of the States.  Therefore, the Feds guise lawlessness as ”Guidelines” for the States to create and utilize.  The States, then, unleash fraud onto the People.  We must stop being SUCKERS and figure it out!!  Think about the American Revolution.  We fought the British because we did not want them ruling our lives and colonizing us and imparting their laws, values, and ideologies on WE THE PEOPLE and the government IS NOT “We the People.”  The same holds true with Federal and State governmental entities.  They are just like the Brits.  The American Constitution is blatantly obvious, un-ambiguous and crystal clear on the civil liberties and freedoms of the American people!!  Our nations independence and principles was won and enshrined on the people forever being free of governmental intrustion on any level!!  Therefore, it is inconceivable that our State and Federal governments could possibly turn around and disregard the fundamental principals of this land and become traitors to the People.

    Just as the British created the “John Doe” and “Jane Doe” fictional characters as a tactic to expand their domain on their own people (peasants) to deprive them of life, liberty, property and the equal pursuit of happiness, we must stop defending “things” we are not.  There is no damn such thing as a “Custodial, non-Custodial or Absent parent!  Go to court and ask the Judge who in the HELL gave him or anybody the authority to usurp the supreme laws of the land known as the Constitution?!  He will not have an answer and I can guarantee you that!  Never, never answer as the defendant when you are not guilty or at-fault for anything. Divorce is “no-fault” so I do not understand how children are “awarded” exclusively to the mothers (predominately) and the fathers are stripped of their rights and left holding a hefty “at-fault” price tag called child support.  Pay attention to the term “awarded.”  That is indicative of property in a lawsuit.  Children are relegated to chattel property and awarded like slaves or foster kids for a price determined by the seller(s) – judges, attorneys, Feds, and State administrative agencies (quasi-judicial).

    Now, ask the judge when did God tell him that a man was cut off from his seed/offspring/children and no longer was a father fully vested and entitled to care for, provide, raise, discipline and teach his children simply because he was divorced??  Ask that judge, lawmaker or whomever where they got their powers and authority from?!  Between the Constitution of the United States and God all Supreme, neither emasculates a man and divests him of life, liberty, equal protection of the laws, and the pursuit of happiness especially where there is no evidence or findings of neglect or abuse.  In all of what I have said there are numerous constitutional laws inferred within and all of which have been broken dispicably.  If you can understand God’s laws and understand the Constitution you cannot lose.  Most important to remember is that God gives deference and  preference to the children.  What our governments are doing is gross, indecent, manipulative, deceitful, satanic, and corrupt exploitation of children.  They encourage and support divorce and has made it easy for the American family to become decentralized so they can capitalize on excessive reimbursement, incentives and gross profits.
    I really admire the effort your group is putting forth. However, you guys are not constructing and presenting the right arguments and legal dissertations necessary to win your cases. Stick with the relevant, constitutional Amendments 100%, carefully scrutinize and explain why the States do not have a rational, compelling, interest to even validate child support, and peel back the onion and reveal the lawlessness going on between all the States and the Secretary of the Treasury (incentives). Also remember…A CS Guideline is just that – a guideline!!! It is not a law that anybody is forced to follow. It is merely a guideline for the State administrative agencies to have, follow and unlawfully enforce in order for the States to get their share of the governmental pie called INCENTIVES!!

    The federal government does just enough not to get their hands dirty and violate the Constitution which would cause it to commit TREASON on the free citizens of the States. Therefore, the Feds guise lawlessness as “Guidelines” for the States to create and utilize. The States, then, unleash fraud onto the People. We must stop being SUCKERS and figure it out!! Think about the American Revolution. We fought the British because we did not want them ruling our lives and colonizing us and imparting their laws, values, and ideologies on WE THE PEOPLE and the government IS NOT “We the People.” The same holds true with Federal and State governmental entities. They are just like the Brits. The American Constitution is blatantly obvious, un-ambiguous and crystal clear on the civil liberties and freedoms of the American people!! Our nations independence and principles was won and enshrined on the people forever being free of governmental intrustion on any level!! Therefore, it is inconceivable that our State and Federal governments could possibly turn around and disregard the fundamental principals of this land and become traitors to the People.

    Just as the British created the “John Doe” and “Jane Doe” fictional characters as a tactic to expand their domain on their own people (peasants) to deprive them of life, liberty, property and the equal pursuit of happiness, we must stop defending “things” we are not. There is no damn such thing as a “Custodial, non-Custodial or Absent parent! Go to court and ask the Judge who in the HELL gave him or anybody the authority to usurp the supreme laws of the land known as the Constitution?! He will not have an answer and I can guarantee you that! Never, never answer as the defendant when you are not guilty or at-fault for anything. Divorce is “no-fault” so I do not understand how children are “awarded” exclusively to the mothers (predominately) and the fathers are stripped of their rights and left holding a hefty “at-fault” price tag called child support. Pay attention to the term “awarded.” That is indicative of property in a lawsuit. Children are relegated to chattel property and awarded like slaves or foster kids for a price determined by the seller(s) – judges, attorneys, Feds, and State administrative agencies (quasi-judicial).

    Now, ask the judge when did God tell him that a man was cut off from his seed/offspring/children and no longer was a father fully vested and entitled to care for, provide, raise, discipline and teach his children simply because he was divorced?? Ask that judge, lawmaker or whomever where they got their powers and authority from?! Between the Constitution of the United States and God all Supreme, neither emasculates a man and divests him of life, liberty, equal protection of the laws, and the pursuit of happiness especially where there is no evidence or findings of neglect or abuse. In all of what I have said there are numerous constitutional laws inferred within and all of which have been broken dispicably. If you can understand God’s laws and understand the Constitution you cannot lose. Most important to remember is that God gives deference and preference to the children. What our governments are doing is gross, indecent, manipulative, deceitful, satanic, and corrupt exploitation of children. They encourage and support divorce

    In many case laws it is summed up by the Supreme Court, “Where the Law has not been recognized, broken, disregarded, circumvented or intentionally misinterpreted, then, no law exists at all.”  In other words, to keep it relevant, the so-called Child Support laws are not nor will ever be laws of this land because they are forged from the law and only legalities serving the interest of greed and depriving and penalizing free, innocent, citizens.  The law does not derive from what is legal but what is legal derives from the law in the color of the law.

Most Popular