What Can I Do After Not Receiving Equal Protection of Law or Due Process!

[Chantel Draper]

What is the name of your state? Colorado

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After filing for assistance & enforcement of a valid/established/enforce only court order, & providing the department with enough information on the debtor/obligor at that time to allow them immediate contact with the debtor/obligor.
When an employee of that governmental agency that was created & legislated to over see enforcement of the court order, decides to play judge & jury themselves! As there was never any Equal Protection of the Laws provided to my family!

As when initially contacting the debtor/obligor, first violating my family’s privacy CRS 26-13-102.7 any individual about whom information is gathered or transmitted pursuant to this article or section 14-14-113, C.R.S., shall be entitled to civil damages in a court of law against any person or entity who knowingly violates the provisions of this section.
Disclosing what benefits my family was receiving through that governmental agency & what protocol would render the family ineligible for benefits, which in turn provoked the debtor /obligor to file a fraud complaint against me. As the debtor/obligor was unaware that there is NO requirement of receiving public assistance as to receiving CSE services under the creditor/obligee’s valid/established/enforce only child support order & was therefore under the impression that if we were ineligible for benefits under Colorado Works that CSE would not enforce his judgment debt, nor his on going MSO.

26-1-114Except as provided in subparagraphs (II) and (III) of this paragraph (a), or except as disclosure is otherwise required by statute or by rule of civil procedure for child support establishment or enforcement purposes, it is unlawful for any person to solicit, disclose, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of any lists or names of or any information concerning persons applying for or receiving public assistance and welfare directly or indirectly derived from the records, papers, files, or communications of the state or county departments or subdivisions or agencies thereof or acquired in the course of the performance of official duties.
To which the governmental agency then began a collusion conspiring with the debtor/obligor against me & in the proceedings in which the governmental agency choose to violate almost every statue legislated to over see that agency for over 3 years.

I was finally able to file a complaint of my own against the county agencies through CLS legal aid, as that is the extent of what they are able to do as far as any representation in post actions as to enforcement. By this time I had collected several notices of case closure from the county agency & am sure that the county had made an agreement with the debtor/obligor to collect 3 months of payments totaling approx. $1,200 dollars that the State was not entitled too, during that time frame violating

26-13-119. Distribution of amounts collected.
(1) This section shall only apply to Title IV-D cases under the federal "Social Security Act" where the delegate child support enforcement unit is providing support enforcement services pursuant to section 26-13-106 and has responsibility to collect the required support obligation for the month.

After the State investigation we received a response in which we were advised that the State had forced the county to re-open my enforcement case that they had actually illegally closed by that time & that the county was in the process of calculating the judgment debt owed to my self as well as the State which was to be collected from the debtor/obligor. (Also the county was to be enforcing the court order)

Approx. 2 months later I received a Motion to Determine Total Arrears Due that jumped all over the place & was completely incorrect. Attached to my copy of this Motion was a certificate of mailing that advised I had been sent my copy of the Motion on 11/12, with actual post-mark mailing of 11/15, & a sticky note advising me wrongly as to court procedure stating, “do not send your response to this Motion to us or the State only to the court.” Which I addressed in my Response, along with advising the Court that although I qualified as indigent that CLS nor any of their affiliates where able to provide me with representation in these proceedings & therefore if a hearing was held this would be forcing me into Pro-Se representation, with the collusion between the agency & the debtor/obligor that had been on going for 2 years at this time.

On 12/06, I received an e-mail from the county agency which stated, “We are in the process of doing a review of our calculations, as there may have been an error on our part.”
On 12/13, I received a second response from the State that advised, “Your order has not been modified at any time & is not currently up for a review. That our quickest way of enforcement is to send a wage assessment to an obligor’s employer, however that the agency is prohibited from sending a wage assessment to a self-employed obligor.”
After which I was sent an “Amended Motion to Determine Total Arrears Due” which stated that the obligee feels that the order amount of $388 is due & that the obligor feels there is no money due as stated in his response to their first Motion. Then that the calculations in their Amended Motion were calculated due to the father’s assertion of continuous medical coverage of the child & there was a -$1,100 dollars shown on 09/15, along with that there was a debt to the State for public assistance from Feb. through Dec.

I once again Responded to the Court advising that they had never even asked me to provide any information as to health coverage or taken into account anything that I had provided them with & that the obligor was lying in his response. That I had contacted my insurance provider & obtained a Certificate of Coverage on the Child for 10 years, which I had then provided to the agency & was now filing with the Court in my Response to the Amended Motion. I also advised that we had not received pubic assistance for all the claimed 11 months & questioned what the -$1,100 dollars was referring to as the agency had told me, “Oh, that was just a mistake on the technicians part.”

After their Motion & Amended Motion the agency decided to charge me with an Intentional Program Violation for a 6 wk. time frame 2 years prior to this. (When first filing for public assistance & enforcement) Which was heard before the Division of Administrative Hearings, during these proceedings. When I was found NOT to have committed an Intentional Program Violation & that due to CSE contacting the debtor/obligor as to his debt & MSO, that he in turn had alleged a fraud complaint to try & avoid enforcement of his established court ordered child support
I also received an e-mail from the agency administrator stating that, “we have decided to pause enforcement of your order” during the proceedings showing yet another violation of statue as even during any proceeding being held as to modification it does NOT STAY the Ordered amount of support as to enforcement until a final order, as to a Modified amount.

With the Court magistrate determining at the first 30 min. hearing on Motion to Determine Total Arrears Due, along with a Motion for Abatement of Child Support filed by the obligors counsel 21 days after the agency’s Amended Motion that the judges valid/established/enforce only support order that was determined through worksheet B (shared custody) could be retroactively modified back to the date of the court appointed GAL’s “Stipulated Motion to Continue with Stipulated Interim Orders” after the obligor had removed the child from the judge’s joint/shared custody & support order through a restraining order a year & a half later. With the joint/shared custody being restored at a 50-50 parenting time within the year through the court appointed GAL.
After which I had always claimed to have had custody more time then the 50% & which the obligor had admitted too through his own testimony before the Division of Administrative Hearings, after a family friend had testified to this being the case & I had that person subpoenaed for these proceedings too which she did not appear & nothing was done or even said about that.

I filed a Motion for Review of a Magistrate’s Orders to which the obligor’s counsel responded asking the court deny. Along with the agency filing a response claiming to have filed this response on 04/26, when it is stamped, “Received in the county attorney’s office 05/01.” 4 days after the county attorney claims to have filed it. With my Motion for Review being denied when it states, I did not provide a transcript (that I could not obtain due to being indigent) I did not show the magistrate’s findings to be clearly erroneous, when the order concerning child support begins with her consideration of Motions from the agency that do not exist & findings stating that other Motions where filed that do NOT exists, just for starter’s. The obligor was granted retroactive modification on his claimed income, not by that required by statue & I was defrauded by both the agency & obligor!

Due process: The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person's basic rights to "life, liberty or property, without due process of law." Courts have issued numerous rulings about what this means in particular cases.

Anyone out there have any ideas?What is the name of your state?

[racer72]

No one is going to read your novel to answer your question. Cut it down to 2 or 3 basic points and couple of questions.