The Chesapeake Juvenile and Domestic Relations District Court
Judge Larry Willis Judge Willis Judge Larry D. Willis Judge Larry David Willis Anonymous The Chesapeake Juvenile and Domestic Relations District Court The Chesapeake JDR courts Chesapeake Juvenile Courts Judge Larry Willis of the Chesapeake Juvenile and Domestic Relations District Court
Wednesday, December 25, 2019
Federal Lawsuit Against The Chesapeake Juvenile and, Domestic
Relations District Court For Violations of Constitutional Rights Dec.
22 2019
The judges at the
Chesapeake Juvenile and, Domestic Relations District Court have
violated the plaintiff's constitutional rights and imprisoned him for
being poor and mentally ill.
The judges in this
court have violated multiple federal laws such as 45 CFR 303.6(c)(4).
FULL LEGAL BRIEF INCLUDING ALL EXHIBITS CAN BE FOUND HERE:
Judge Larry Willis of The Chesapeake Juvenile Courts, Chesapeake JDR Court
CHESAPEAKE, Va. –
Judge Larry D. Willis, one of three presiding judges assigned to the Chesapeake
Juvenile and Domestic Relations District Courts, is being accused of judicial
misconduct based on his rulings in several child support cases. A group of
concerned fathers is calling for an investigation into the cases brought before
the judge to assess the lawfulness of his rulings. They are also encouraging
other fathers to speak out.
According to the group, Judge Larry D. Willis commonly
orders fathers appearing in the Chesapeake Juvenile and Domestic Relations
District Courts to pay more than 65 percent of their income in child support, a
violation of both state and federal law. The judge is also accused of setting
excessively high appeal bonds, further preventing fathers from seeking fair
treatment under the law.
Efforts are being led by Fred Smith, founder of Chesapeake
Fathers for Justice and Fair Treatment.
“Judge Larry Willis rapes and robs fathers of their civil
rights, forcing working fathers to live in poverty,” said Smith. “For years, he
has hidden behind the shield of judicial immunity and the confidentiality and
privacy that the Chesapeake Juvenile and Domestic Relations District Courts
afford him. We are challenging fathers to rally and protest, and have the
courage to stand up and fight back.”
Smith is especially concerned about the impact that the
rulings of Judge Larry Willis have on the health and welfare of local fathers.
In recent years, reports of suicide deaths in connection with child support
rulings have been on the rise, not only in the U.S. but globally. Suicide among
males is now four times higher than among females with male deaths representing
79 percent of all U.S. suicides, according to the Centers for Disease Control.
Smith also notes that Judge Larry Willis’ actions may open
the door to taking a closer look at how child support cases are handled not
only in the Chesapeake Juvenile and Domestic Relations District Courts, but
statewide. For more than a decade, fathers residing in Virginia have turned to
state and national organizations for support and to share their stories.
“Virginia is for lawyers, but not divorced fathers,” said
Lawrence White, a father and Virginia resident who shared his perspective with
Fathers for Equal Rights. “And the treatment I've received as a divorced father
and non-custodial parent only serves to highlight the serious flaws and
injustices which exist in the child support enforcement policies, court system
and laws of the Commonwealth of Virginia.”
To join with Fred Smith and Chesapeake Fathers for Justice
and Fair Treatment in demanding an investigation into the rulings of Judge
Larry Willis and the Chesapeake Juvenile and Domestic Relations District
Courts, contact the offices of Virginia Attorney General Mark. R. Herring.
Judge Larry Willis of the Chesapeake Juvenile and Domestic
Relations District Court makes up his own laws as he goes. He has violated the State and Federal laws
multiple times and he does what he wants in the Court Room. I have solid evidence that Judge Larry D.
Willis of The Chesapeake JDR Courts has violated multiple laws and I am in the
process of putting together a Federal law suit with other fathers.
Law Violations:
15 U.S. Code § 1673 B Federal
42 U.S.C. sec. 667(b)(2)
Federal
U.S. Title 45 Section 302.56 (g) Federal
§ 34-29 b1 Code of
Virginia
§ 20-108.1 Code of Virginia
When Judge Larry Willis orders you to pay over 65% of your
income he is in violation of 15 U.S. Code § 1673 B Federal Code and § 34-29
b1 Code of Virginia. I have Proof that he has done four times
over a four year period.
If Judge Larry David Willis deviates from the Child Support
Guidelines because he is Bias and likes your ex-wife well ….. According to State and Federal law he must
have good REASON and Proof! Also the
reason for the deviation must be documented on the Child Support order even if
it is incorporated by reference. This is
the law!
There is an area on your Child Support orders from The
Chesapeake Juvenile Courts for him too document why he deviated from the
guidelines. Guess what? This area on all of my Child Support Orders is
BLANK!!
This is a violation of 42 U.S.C. sec. 667(b)(2); Federal
Code, U.S. Title 45 Section 302.56 (g); Federal Code and § 20-108.1 Code of Virginia. Now when he violates the law by ordering you
to pay over 65% of your income and then deviates from the Child Support
Guidelines without reason and he does NOT document his reasons or finding as
the law states then how can the City of Chesapeake allow such an Injustice of
the court?
I’ll tell you why,
his wife is on the city council, he used to serve on the Judicial
Inquiry Review commission and he has lots of connections therefore he feels
that he is above the law and can do whatever he wants even if it violates
Federal and State laws.
Due to his judicial connections and his wife serving on the
City Council in Chesapeake he violates many laws without any fear. Not only that, he is also protected by judicial
immunity. No one will investigate him.
We are a group of fathers and we stand for Justice. I have Solid Proof of his unlawful
actions. It’s going to be awhile but we
are trying to get the paperwork ready for federal court. If anyone wants to join us Please Email Me:
I have a long list of Cases Law where this has happened before
in many courts in the Commonwealth. In
most cases the court was held in Error and the Child Support orders have been
revered or Void. He has forced some
fathers to live in the Streets with no home and No food!
Judge Larry D. Willis of The Chesapeake Juvenile Courts
Commits Unlawful Actions Against Fathers
A local Chesapeake
father has documented proof that Judge Larry David Willis of the Chesapeake
Juvenile and Domestic Relations District Court has violated multiple state and
federal Laws in regard to his child support orders. “He has ordered me too pay more than sixty
five percent of my income for over four years now and has made me homeless”
says Fred Smith a non-custodial parent from Chesapeake, VA.
There are a number
of fathers organizing to file a federal law suit against Judge Larry D. Willis
in his official capacity and also we must include The Division of Child Support
Enforcement agency in our federal injunction.
While federal and state laws do not permit a Judge to create a child
support order that takes more than sixty five percent of a father’s disposable
income; Mr. Smith is facing an uphill battle because Judge Larry D. Willis of
the Chesapeake Juvenile and Domestic Relations District Court is protected by
judicial immunity. Larry D. Willis can
only be sued in his official capacity. “I
have to stand up and fight for other fathers so that this does not happen in
the future! I have lost everything
because of this bias Judge” says Mr. Smith.
There are many civil
rights groups and fathers’ rights groups looking into his case but so far none
of them have taken any action. Mr. Smith has reached out and wrote letters to
President Obama, Virginia State Senators Mark Warner and Tim Kaine. He has also tried contacting the Virginia
State Governor, Terry McAuliffe. Mr. Smith has received a reply from all of
them however the letters state that they will only get involved in federal
matters.
Even with hard
evidence The Judicial Inquiry and Review Commission has not yet investigated
the conduct of Judge Larry D. Willis. Mr.
Smith has filed multiple complaints with The Virginia Judicial Inquiry and
Review Commission and they have declined to investigate his case. The Judicial Inquiry and Review Commission
in Virginia is more concerned with the behavior of a Judge rather than rulings
made by a state court Judge even if the rulings are unlawful or violate the
law.
Who watches over our
state court Judges in Virginia? The
answer is no one really, a Judge can violate the law often with almost zero
accountability. The laws are designed so
that citizens are protected from the unlawful actions committed by a Judge who maybe
bias or a Judge that is involved in deeds of misconduct while on the
bench. With Judicial immunity shielding
government officials from any accountability who are the laws really
protecting?
Virginia State Senator Tim Kaine -Senate Mark Warner – Governor of Virginia Terry McAuliffe – President Barack Obama – Judge Larry D. Willis The Chesapeake Juvenile and Domestic Relations District Courts
08/05/2015
Virginia State Senator Tim Kaine - Senate Mark Warner - Governor of Virginia Terry McAuliffe - President Barack Obama
Judge Larry D. Willis The Chesapeake Juvenile and Domestic Relations District Courts
Posted on August 5, 2015 by evevillalvazo68
The Chesapeake Juvenile and
Domestic Relations District Court
With the evidence that I have submitted to all of them it is clear that The Chesapeake Juvenile and Domestic Relations District Court has violated multiple State and Federal laws. I have all of the documentation as well as solid proof to back up all of my statements on this report.
All of the reply letters that I have received from some of the highest members of government elected officials both on a State and Federal level all mentioned that they DO not have the authority to interfere with a State Judge at The Chesapeake Juvenile and Domestic Relations District Court. Instead they sent me legal resources and information on Civil Rights groups.
Now if they know that my rights are being violated as a US citizen is it not part of their job to make sure that this does NOT happen??
Both of the State Senators of Virginia replied to my letters however Virginia State Senator Mark Warner and Virginia State Senator Tim Kaine both have stated that their authority is over federal matters. Both Mark Warner and Tim Kaine have said that they do not have the authority to interfere with a State Judge.
Well, if my Civil Rights are being violated and Federal laws are being violated should this be just cause to get involved and invoke federal authority over a state court??
Here are the reply letters from the Virginia State Senators below:
Virginia Governor Terry McAuliffe reversed an order to suspend my drivers license so that I could work! Virginia State Governor Terry McAuliffe responded to my letters and took action but he was the only one that did.
Furthermore, I have a list of case law quotes that show a history of where this is happened before in the State of Virginia and in many States across the country. Every court that has committed these same type of Illegal actions in the past were either deemed to be in ERROR or the Child Support orders were reversed. I will post a full list of case law below.
There were some pay weeks were I received NOTHING at all. Zero dollars and zero cents! Even when I was unemployed for months or my income had legitimately dropped, (I had proof but he never looked at it!) I have been to court multiple times and he would not lower my child support.
It's almost like he purposely wants to put you in jail, be in debt the rest of your entire life or draw you into committing suicide by ordering you to pay a child support amount that exceeds your income. This has caused me to live in great poverty and fear. I see no way out, either I will be a slave for the rest of my life or a criminal for the Illegal actions taken against me by Judge Willis of The Chesapeake Juvenile and Domestic Relations District Court.
The Social Security Act
The Commonwealth of Virginia participates in a federal program under which it receives Title IV-D federal funds under the Social Security Act. As a condition of receiving such funds, it must comply with federal requirements.
When Judge Larry D. Willis of the Chesapeake Juvenile Court ordered me to pay a child support amount that is more than my income, a child support order that I can not possibly pay, he willing and knowingly violated the Legal Statutes below:
As it is written both in the Federal and State Statute:
(b1) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed:
(1) Sixty percent of such individual's disposable earnings for that week; or
(2) If such individual is supporting a spouse or dependent child other than the spouse or child with respect to whose support such order was issued, 50 percent of such individual's disposable earnings for that week.
The 50 percent specified in subdivision (b1) (2) shall be 55 percent and the 60 percent specified in subdivision (b1) (1) shall be 65 percent if and to the extent that such earnings are subject to garnishment to enforce an order for support for a period which is more than 12 weeks prior to the beginning of such workweek.
(c) No court of the Commonwealth and no state agency or officer may make, execute, or enforce any order or process in violation of this section.
THIS IS WRITTEN IN THE FEDERAL CODE AND THE STATE CODE.
Judge Larry D. Willis of The Chesapeake JDR Courts has knowingly and willfully violated State and Federal law more than once but is protected by Judicial Immunity. Well I think not because case law can prove that Judicial Immunity is NOT absolute.
In the Chesapeake Juvenile and Domestic Relations District Court, God only knows how many laws are broken and ignored. I will proceed to FEDERAL COURT!
It is awful bad when as many as 25,000 fathers commit suicide every year over child support and in many cases the media will cover this up. They find other reasons like mental disorders or depression to rule in as the reason for the fathers committing suicide.
Many fathers on The Fathers Rights Movement Facebook page are going through the same thing. They have posted images of pay check stubs where they make very little to nothing to live on. These fathers want to support their children but they do not want to live as a slave and struggle for many years without a place to stay, food, gas and bus fair since many fathers loose their drivers license. To force a working father that wants to pay his child support into slavery should be a crime in The United States of America.
By being in the same position I now understand why some fathers just are not able to find a way out and unfortunately commit suicide.
THE LAW
Under Federal Regulation Code Title 45 Section 302.56 (g) (f), 42 U.S. Code § 667 and the Code of Virginia (§ 20-108.1) the correct amount for child support must be calculated first using the statutory child support guidelines. No additions or subtractions to gross income may be made before the initial figure is computed.
The amount of the award which would result from the application of the guidelines is the correct amount of child support to be awarded.
If there are findings or facts for a deviation from the statuary child support guidelines, the amount of the award that would have been awarded must be documented in writing.
Then also reason for the finding must be documented in writing even if it's just incorporated by reference so that the child support amount is not deemed unjust or inappropriate.
Virginia Child Support Orders
In Virginia, there is an area designed for this on the child support order itself. This is not only State law but Federal Law as well.
This area on all of my Child Support orders is blank!
Child Support in Virginia is supposed to be calculated by your proven income and State guidelines as pursuant to (§ 20-108.1.) and (42 U.S. Code § 667).
When a person is ordered to pay more than 65% of his disposable income it is a violation of (15 U.S. Code § 1673 B) and (§ 34-29 b1). As it states in the law Statute it is totally prohibited.
Any deviation must have REASON, especially a deviation that takes more than 65% of disposable income that which violates (§ 34-29 b1) and (15 U.S. Code § 1673 B).
Case Law
I have posted some case law below that will prove that the same unlawful actions have occurred in the past and they have rendered courts in error!
There are even some cases in which the child supports orders have been reversed.
• "We hold that the trial court erred in failing to calculate the presumptive amount of child support and in failing to provide a written explanation for a deviation from the child support guidelines, and we reverse and remand with directions to comply with Code 20-108.1 and 20-108.2. ."See – * HYLTON VS HYLTON Record No. 2307-96-3 VA 1999 ; JUDGE DONALD W. LEMONS
Even the attorney for The Division of Child Support Enforcement admitted in court that this my child support amount was extreme and well above the State's child support guidelines. It was an extreme deviation from the child support guidelines without REASON.
There was NO evidence to support such a drastic deviation from the guidelines. There is no legal reason for this deviation from the guidelines and NO explanation, reason or findings have ever been documented in writing which is required by law.
There is an area of the child support order to document any deviation even if it is only incorporated by reference. This area is blank on all of my child support orders that were created by Judge Larry D. Willis of the Chesapeake JDR Courts.
This is not an error of the court; this is a willful disregard for the law motivated by bias favoritism.
When a Judge orders a garnishment that is more than 65% of a person's disposable income it is a violation of Code of Virginia § 34-29 (b1)and the Federal Statute15 U.S. Code § 1673 Section B.
The area on the Child Support order is blank. I cannot appeal because he makes it thousands of dollars in bonds to appeal my case.
There were some weeks that I did not have a 40 hour work week and I received a paycheck for 0.00 (zero dollars and zero cents). In my personal option this is judicial modern day slavery.
There is also NO evidence that suggests that my ex-wife's income was also calculated in the child support order as pursuant to § 20-108.1.
Judge Larry Willis of The Chesapeake Juvenile Court has never laid eyes on any income documents that I bring with me to court. He never asks to see any documents or any evidence of any kind. All evidence presented or words spoken by me have been ignored.
Both of the child support order amounts are higher than my income for the last three years.
JUDICIAL COMPLAINTS
I have filed two judicial complaints. TheJudicial Inquiry and Review Commission denied to investigate both complaints that were filed even with solid evidence.
Judge Larry D. Willis served on the Judicial Inquiry Review committee in the past and I believe that he is protected. He has clearly shown bias favoritism in regard to my Child support case.
This statement is virtually impossible to prove but I have witnessed him act on my ex-wife's behalf as an attorney. I have seen him remove a court reporter from the court room and I have talked to many attorneys that have expressed statements which I would plainly describe as misconduct in the Chesapeake Juvenile and Domestic Relations District Court.
I pray for Justice involved my child support case. There have been acts of an Illegal and unlawful manner taken against me by officers in the State judiciary court system.
This is an Injustice deep within the court system that is ruining my life. Do to the injustice plagued upon me by a State officer of authority I have been denied the means to an appeal so that this matter could have been resolved through litigation.
This has caused me to think about ending my life by suicide many times. I live in poverty, sometimes not even having food. I am basically homeless having to live with whoever will help me. I suffer from great depression and mental disorders from this being done to me. I lack the money to go see a doctor and I am immediate denied Government medical assistance because in the State Government system I make enough to pay thousands a year in Child Support.
I already have been through severe traumatizing events as a child. This is a separate story that was broadcasted all over the world on CNN News and other large news outlets.
He has took away my RIGHTS for any government benefits. I have been immediately denied Government Medicare and the food stamp program because my income in the State Government system shows that I can pay thousands a month in child support so my income in the State system is too high to receive any government benefits. This is false and untrue.
I have proof and documentation of everything stated in this report.
JUDGE LARRY D. WILLIS of THE CHESAPEAKE JDR COURTS HAS DESTROYED MY LIFE AND CONTINUES TO DO SO MAKING ME A SLAVE FOR THE REST of MY LIFE!
I have a Civil right to a fair hearing. There was no evidence or REASON for the deviation which violates § 34-29 (b1) and the Federal Statute15 U.S. Code § 1673Section B.
I have documentation proving that Judge Larry David Willis of The Chesapeake Juvenile Court orders excessive amounts of child support that is impossible to pay. Judge Larry D. Willis deviates from the guidelines without cause or reason.
Judge Larry Willis orders a child support amount that is more than a person's Income. This is modern day judicial slavery.
CASE LAW LIST
"Any deviation from the presumptive amount must be supported by written findings of the trial Judge specifying why the application of the guideline amount would be unjust or inappropriate."See – *Richardson, 12 Va. App. at 21, 401 S.E.2d at 896.
In any proceeding determining child support, there is a rebuttable presumption that the amount determined through application of the statutory child support guidelines is the correct amount. See – *Code §§ 20-108.1(B) and –108.2(A).
"a conclusory written statement of [the circuit court's] findings"is not sufficient to justify deviating from the presumptive guideline amount. Id. If the circuit court fails to provide sufficient explanation for any deviation it decides to make, its actions will be deemed error."See – *Pharo v. Pharo, 19 Va. App. 236, 450 S.E.2d 183 (1994).
Under normal circumstances, a party seeking modification of an existing child support obligation needs show there has been a material or substantial change in circumstances which justifies the change. This discourages people from flooding the courthouse with requests to modify the current amount unless something which would drive the support amount (income, health insurance, daycare, etc.) has changed considerably. However, existing Virginia case law suggests that the imposition of new guidelines, even with nothing else, justifies changing the support amount, where the change in amount is significant. (See Milligan v. Milligan, 12 Va. App. 982 (1991), see also Slonka v. Pennline, 17 Va. App. 662 (1994) and Head v. Head, 24 Va. App. 166, 176, 480 S.E.2d 780 (1997).
"Only if [circuit courts] follow the statutory requirements will Virginia child support awards conform to the federal and state legislative mandates designed to create uniformity in support awards between parents and children similarly situated. [Circuit courts] must make the requisite specific written findings, not solely for the purposes of appellate review, but, more important, to enable . . . judges in future hearings to decide whether and how to increase, decrease, or terminate support. Only by having specific written findings will . . . judges in subsequent proceedings be able to make informed decisions on how a change in circumstances may justify modification or may justify continued deviation from the guidelines."See – *Hiner v. Hadeed, 15 Va. App. 575, 581-82, 425 S.E.2d 811, 815 (1993) (internal citations omitted).
"after determining the presumptively correct child support amount using the child support worksheet, the trial court must consider whether to rebut the presumed correct child support amount, as found by the court, as being unjust or inappro-priate after consideration of all relevant factors";Scoggins v. Timmerman, 886 S.W.2d 135 (Mo. Ct. App. 1994); Hajenga v. Hajenga, 257 Neb. 841, 601 N.W.2d 528 (1999); Barbagallo v. Barbagallo, 105 Nev. 546, 779 P.2d 532 (1989);Gowing v. Gowing, III N.C. App. 613,432 S.E.2d 911(1993); O'Callaghan v. O'Callaghan, 515 N.W.2d 821 (N.D. App. 1994); Marker v Grimm, 65 Ohio St. 3d 139, 601 N.E.2d 496 (1992); Fitzgerald v. Shanun, 857 P.2d 92 (Okla. App. 1993); Elias v Spencer, 449 Pa. Super. 359.673 A.2d 982 (1996); Lembo v. Lembo, 624 A.2d 1089 (R.I. 1993); Schwab v. Schwab, 505 N.W.2d 752 (S.D. 1993); Mayers v. Mayers, 15 Va. App. 587, 425 S.E.2d 587 (1993); Richardson v. Richard-son, 12 Va. App. 18,401 S.E.2d 894 (1991); In re Marriage of Booth, 114 Wash. 2d 772, 791 P.2d 519 (1990); Bellinger v. Bettinger, 183 W. Va. 528, 396 S.E.2d 709 (1990). 23 Roosth v. Roosth, 889 S.W.2d 445 (Tex. Ct. App. 1994). See also O'Brien v. O'Brien, 138 Conn. App. 544, 53 A.3d 1039 (App. Ct. 2012)
"a trial court must make an on-the-record finding of the presumptive child support amount before applying deviation criteria in order to facilitate appellate review in those cases in which the trial court finds that a deviation is justified; the finding will enable an appellate court to compare the ultimate order with the guideline amount and make a more informed decision on a claim that the amount of the deviation, rather than the fact of a deviation; court failed to do so which constituted an abuse of discretion"; Mayfield v. Mayfield, 2013 IL 114655, 989 N.E.2d 601 (III. 2013)
"trial court must apply the child support guidelines, unless it finds that a deviation is appropriate based on the evidence presented by the parties on various factors, and if it does, it must explain why"; In re Marriage of Kent, 245 III. App. 3d 575, 615 N.E.2d 402 (1993)
"so long as court explains reasons for deviation, court does not have to use words "unjust"or "inappropriate"to deviate". 23 Burnside v. Somerville, 202 A.D.2d 1064. 609 N.Y.S.2d 127 (1994). See also In re Marriage of Upson, 991 P.2d 341 (Cob. Ct. App. 1999)
"trial court gave legally insufficient reasons for deviation from child support guidelines"; Reynolds v. Reynolds, 668 So. 2d 245 (Fla. Dist. Ct. App. 1996)
"record was silent as to rationale for deviation". 26 E.g., Smith v. Snyder, 671 So. 2d 752 (Ala. Civ. App. 1995)
"lack of written findings to support deviation was fatal to court's decision";Jones v. Jones, 636 So. 2d 867 (Ha. Dist. Ct. App. 1994); Boruff v. Boruff, 602 N.E.2d 180 (Ind. Ct. App. 1992); 67 Wn. App. 378, 835 P.2d 1054, MARRIAGE OF GLASS. But see Draper v. Draper, 40 Conn. App. 570, 672 A.2d 522 (1996)
"deviation for private school was error where court failed to make particular findings as to why deviation was necessary"; Roberts v. Roberts, 391 S.W.3d 921 (Mo. Ct. App. 2013)
"record was silent as to rationale for deviation". 26 E.g., Smith v. Snyder, 671 So. 2d 752 (Ala. Civ. App. 1995); Woolridge v. Woolridge, 915 S.W.2d 372 (Mo. Ct. App. 1996
"lack of written findings to support deviation was fatal to court's decision"; Jones v. Jones, 636 So. 2d 867 (Ha. Dist. Ct. App. 1994);
"We hold that the trial court erred in failing to calculate the presumptive amount of child support and in failing to provide a written explanation for a deviation from the child support guidelines, and we reverse and remand with directions to comply with Code 20-108.1 and 20-108.2. ."See – * HYLTON VS HYLTON Record No. 2307-96-3 VA 1999 ; JUDGE DONALD W. LEMONS
"trial court gave legally insufficient reasons for deviation from child support guidelines"; See – Reynolds v. Reynolds, 668 So. 2d 245 (Fla. Dist. Ct. App. 1996)
"court may not deviate from the amount of the child support yielded by the guidelines without a written finding that the guidelines would be unjust or inappropriate under specific criteria"; See – In re Marriage of Lux, 489 N.W.2d 28 (Iowa Ct. App. 1992); Shaddox v. Schoenberger, 19 Kan. App. 2d 361.869 P.2d 249 (1994); Genusa v. Genusa, 30 So.2d 775 (La. App. 1st Cir. 2009)
This statutory requirement obligates the trial court to "identify the factors that justified deviation from the guidelines"and to "explain why and to what extent the factors justified the adjustment."Richardson v. Richardson, 12 Va. App. 18, 22, 401 S.E.2d 894, 897(1991); cf. Pilati v. Pilati, 59 Va. App. 176, 182, 717 S.E.2d 807, 810 (2011)
(interpreting the analogous "written findings"requirement for spousal-support orders and stating the need for the trial court to explain "its resolution of any significant underlying factual disputes"). This is because there must be "enough detail and exactness to allow for effective appellate review of the findings."Princiotto v. Gorrell, 42 Va. App. 253, 260, 590 S.E.2d 626, 630 (2004) (internal quotation marks omitted).
[T]here shall be a rebuttable presumption in any judicial or administrative proceeding for child support that the amount of the award which would result from the application of the guidelines set out in § 20-108.2 is the correct amount of child support to be awarded…. In order to rebut the presumption, the court shall make written findings in the order, which findings may be incorporated by reference, that the application of such guidelines would be unjust or inappropriate in a particular case. The finding that rebuts the guidelines shall state the amount of support that would have been required under the guidelines, shall give a justification of why the order varies from the guidelines, and shall be determined by relevant evidence pertaining to [certain enumerated statutory factors] affecting the obligation, the ability of each party to provide child support, and the best interests of the child… See also Farley v. Liskey, 12 Va.App. 1, 4, 401 S.E.2d 897, 899 (1991). Herring v. Herring, 532 S.E.2d 923 (Va. Ct. App. 2000).Brody v. Brody, 432 S.E.2d 20 (Va. Ct. App. 1993).Walter Edward Saxon, Jr. v. Angela LeSueur, 0516132 (Va. Ct. App. 2013).Kirk T. Milam v. Shelia J. Milam, 0837124 (Va. Ct. App. 2013). James Jospeh Ledwith v. Beth Faber Ledwith, 0154042 (Va. Ct. App. 2004).Deborah C. Sproles v. Robert K. Lowry, IV, 0134983 (Va. Ct. App. 1999).Zubair A. Saleem v. Afshan Ghias Saleem, a/k/a et a, 0443974 (Va. Ct. App. 1998).
Code § 20-107.2(2) vests discretion in the trial court in awarding child support and such awards will not be reversed on appeal unless plainly wrong or unsupported by the evidence.'"Auman v. Auman, 21 Va. App. 275, 277, 464 S.E.2d 154, 155 (1995) (quoting Young v. Young, 3 Va. App. 80, 81, 348 S.E.2d 46, 47 (1986).
"Larry Willis had been the Chairman of the Judicial Inquiry and Review Commission for years up until a new chair was chosen about a month ago. He was personally responsible for keeping bad judges on the bench by sweeping their misdeeds under the rug. Of over 2100 complaints filed in 2008, he only saw fit to investigate 20.
He probably ignored their misdeeds because his own were usually much worse. Sleeping through trials, playing on his computer instead of following the proceedings, making his decisions before the testimony is completed, refusing to listen to litigants who were pro se, acting as the attorney for litigants that he liked, and the list goes on.
I'm calling on all "victims" to contact me. If we have sufficient numbers, maybe we can challenge his reappointment. Unless we have numbers, there is no need to waste our time."
Judge Larry Willis of the Chesapeake Juvenile and Domestic Relations District Court has violated multiple federal and State laws.
I have sold proof and yet nothing is done about it!!
I have asked for help from any resources. I have already sent my documented proof to the Virginia governor Terry McAuliffe, Mark Warner, Tim Kaine, members of the general assembly, Wavy TV Ten, and many other news media resources.
Judge Larry D. Willis of the Chesapeake JDR Court may retaliate however I have many civil rights groups standing by my side. I am a member of The Fathers Rights Movement and this organization is all too familiar with my case. I have the hacktivist group Anonymous helping me get the word out about my online. The Fathers Rights Movement, Anonymous and other civil rights groups stand ready to rally in Protest on my behalf if this Judge takes out his vengeance.
We all stand together as one in this matter of Judge Larry Willis of the Chesapeake Juvenile and Domestic Relations District Court.
I ask for only one thing, for Judge Larry Willis of the Chesapeake Juvenile and Domestic Relations District Court to DO his job and follow the law! I call out for an investigation into my case at the Chesapeake Juvenile and Domestic Relations District Court. Judge Larry D. Willis needs to be held accountable for his crimes against fathers who have cases in the Chesapeake Juvenile and Domestic Relations District Court.
I ask for help from any attorneys so that I can seek Justice in Federal Court. I ask for any media outlets to contact me to get my story to the public. I will take this matter to FEDERAL COURT myself if needed for a violation of my RIGHTS as a US citizen of the United States of America.
Response from President Barack Obama, the Governor Terry McAuliffe, the State Senators of Virginia, Mark Warner and Tim Kaine
After I contacted President Barack Obama, The Virginia Governor Terry McAuliffe, Mark Warner and Tim Kaine I have received a few letters of response. They are baffled about my child support case and The Virginia governor Terry McAuliffe has done what he can to help me with my child support case at The Chesapeake Juvenile and Domestic Relations District Court.
I have exchanged letters with The Obama Administration, The Governor's office, Mark Warner's office and Tim Kaines office. I have sent documentation to all of them that provides one hundred percent proof beyond any doubt that Judge Larry Willis of the Chesapeake Juvenile and Domestic Relations District Court has violated multiple State and Federal laws. The Virginia governor Terry McAuliffe has launched an investigation into my case and has sent my complaint information to the local Division of Child Support Enforcement here in Chesapeake, VA. I have been on the phone with the supervisor of this office.
The Chesapeake Division of Child Support office is located at:
814 Greenbrier Cir
Chesapeake, VA
(757) 548-7900
I am highly grateful that The Virginia Governor Terry McAuliffe has looked into my case and investigated the details of my child support case however The Virginia Governor Terry McAuliffe, Virginia State Senators Mark Warner and Tim Kaine have all informed me in writing that they DO NOT have the authority to overturn a State Judges Decision. Even if Judge Larry D. Willis violates both federal and State laws.
The Virginia Governor Terry McAuliffe did reverse an administrative order to suspend my driver's license so that I can work. I am thankful for this and I think that Governor Terry McAuliffe is awesome!! He cares about the little people whether they are felons, male, female, rich, poor, white or black. I would like to thank Governor Terry McAuliffe personally for helping me however more needs to be done.
I have also send documentation to President Obama, members of the General Assembly, Civil Rights Groups and National and local media resources. I ask that people gather with me in protest against this injustice. I call out to fathers and other victims of The the Chesapeake Juvenile and Domestic Relations District Court. I am in contact with a tleast five other fathers, three families who are victims of The the Chesapeake Juvenile and Domestic Relations District Court. The Fathers Rights Movement and other Civil Rights groups stand ready.
Other Victims of Chesapeake Juvenile and Domestic Relations District Court
I am in contact with other fathers that claim that they have been treated unfairly by this court just because of their gender.
What I can do is tell you what other licensed attorneys have told me about this court and I can provide documentation with solid facts that prove beyond any doubt that Judge Larry Willis of the Chesapeake Juvenile and Domestic Relations District Court has violated at least four State and Federal laws.
I have been in contact with other fathers that feel that they are victims of the Chesapeake Juvenile and Domestic Relations District Court. Fathers who have lost their visitation and custody rights in the Chesapeake Juvenile and Domestic Relations District Court. Fathers who are like me and are victimized by The Chesapeake JDR courts by Judges that violate federal and State laws.
Only a few of these fathers have had the courage to post information online about their cases in the Chesapeake Juvenile and Domestic Relations District Court.
I once was talking to an attorney about this. She said that for people to post negative things about a Judge or certain court online is perfectly normal. That it's going to happen. Well I did some research and this statement is FALSE. It really is not that common for litigates to feel so victimized by a Judge that they post their information online.
Most of the victims of the Chesapeake Juvenile and Domestic Relations District Court lack the courage to stand up and fight. They also seek help only with their individual cases rather than fighting for other victims of the Chesapeake Juvenile and Domestic Relations District Court.
The Fathers Rights Movement
The Fathers Rights Movement is a civil rights group for fathers however many of the Facebook followers and members of the Fathers rights Movement are women. They also have children, both boys and girls who take the microphone to stand in protest against Social services and family courts all over the country.
They protest wrongful practices and unlawful actions by family courts nationwide. The Fathers Rights Movement stands by my side as they also are familiar with my case and documentation.
Father Suicides
As many as 25,000 father commit suicide every year over child support. These fathers are firefighters, police officers and our beloved military officers. Most of the child support cases in America are not calculated correctly. Bad Judges turn men into Slaves for the rest of their lives. Fathers need fair justice and equal rights as parents. The lives of fathers is being destroyed!
All around an alternate-ground hallway within the Charleston County Judicial Middle, lots of men and women sat on benches or stood all along the wall watching for a bailiff bring their name.
Because of the numbers
In South Carolina
13-16
Percentage of the whole jail population serving space for missed a child support obligation payments.
sixty seven
Share of inmates serving how about missed kid support funds who're black.
$1,a hundred
The common sum of money child maintanence debtors pay for his or her release from jail.
More than
ninety eight
Proportion of parents kept in “willful” contempt of family court who weren't represented by counsel.
Greater than 75
Proportion of that everyone arranged in contempt of household court docket who testified that these have been presently or beforehand unemployed or having issue discovering work.
Source: U.S. Supreme Court document
They discovered to court on Broad Avenue in church garments along with jeans. One girl wore an apron leaving your Golden Corral.
What do you think?
Ought to South Carolina revamp its child maintanence cost legal guidelines to reduce incarceration charges for those who miss funds?
Yes, jailing offenders solely creates the end result of non-repayment. No, the threat of jail is the easiest way prepare many individuals pay. I have no sturdy opinion.
Some were seen by the decide, however family court docket judges in Charleston can’t hear every child support cost case — there may be lots of of them.
That’s why many mother and father ready outside of the courtroom Wednesday morning were despatched as a substitute to some conference room, where Division of Social Companies caseworkers attempt to mediate some kind of compromise between each parties.
“They despatched me a notice within the mail telling me to come. That is my first timers really showing in the court,” a Mount Nice mother said. She estimated her son’s father owes about $4,000 in missed payments. He’s essential to pay only $one hundred monthly, she let it be known, and yes it’s money she will needs. “He just began paying again in my last three years. It’s been consistent aside from the most recent two months.”
But she doesn’t want to see him sent to jail.
“We’re actually buddies now — critically — and they tend to have different youngsters,” the woman said. “It’s not bitter. Individuals, I am, that usually have some sort of anger or malice perhaps, I feel they certainly letting it to have shown the father, inside my opinion.”
In county jails throughout South Carolina, around one in eight inmates are locked take out missed child support payments. They’re principally males, principally black, and national information suggests seventy percent of which make lower than $10,000 1 year — or nothing at all. Amount of incarceration
Charleston County spends about $91 daily, for most, incarcerating an inmate, in response to research of county finances information by The Post and Courier.
The best knowledge accessible suggests the common prison sentence for failure to pay for child support is a three month period, which would could cost more than $8,000 per incarcerated parent. However the typical purge amount — how much money the legal court expects a parent to offer for their launch — concerns $1,100. This implies, normally, the government loses substantial amounts of cash wanting to extract much more modest sums from individuals who can’t afford to pay, that have lost their clear assist to anybody involved.
“For a lot of causes, it doesn’t understand it really does not have to be sending these individuals to jail, however any is the associated fee,” said Elizabeth Patterson, a law professor at the College of South Carolina and the previous Department of Social Companies director.
An agency spokeswoman stated the operating system does work for a lot of families. DSS collected greater than $269 million in child support funds and handled 200,444 instances throughout the last reported federal fiscal year.
She let it be known for every $1 DSS spends on the program, it collects $4.fifty three in baby support.
However the department doesn’t embrace the significant amount of incarcerating dad and mom for missed kid support payments. In Charleston County alone, operating the penal complex was the single largest line item expense within the county’s 2014 budget.
The shape spends a lot of dollars each year shuffling child support debtors forwards and backwards amongst the courts and county jail cells. Meanwhile, their youngsters gain nothing as well as grow developed absent fathers.
“There are lots of fellows, they’re working, they’re afraid. They don’t need to head over to jail,” said Warren Marcus Nelson, 47, who spent some time locked during February for failure build his a child support obligation payments. He owes greater than $one hundred,000. “I’m afraid to dream basically because they will come and quickly take you any time.”
Nelson, a house medical insurance aide who lives in Mount Pleasant, contends he doesn’t even have kids. “It’s just referrals that she said I’m the father,” he said. “There arised no DNA testing, no blood testing or nothing.” ‘A large-scale drawback’
By all accounts, Walter Scott was a devoted father of four. Still, he couldn’t pay his mandated kid support, either. When he was shot and killed using a North Charleston policeman this month, Scott owed more than $18,000. One in every of his brothers told The Submit and Courier that’s probably why he ran stay clear of a routine visitors cease during the early place. Scott spent months behind bars years back for missed kid support funds and he advised his family he wasn’t going back to jail.
Whereas Scott’s loss of life sparked nationwide outrage and prompted renewed concentrate on the Black Lives Matter movement, additionally it highlights how thousands of South Carolina fathers find it difficult to adjust to california’s strict kid support payment rules.
“It’s those who is going to’t pay who're most probably to wind up in jail,” Patterson said.
In South Carolina, county courtroom clerks concern arrest warrants for failure to spend child support as soon as the money is five days past due. Kid support debt continues accumulating once these men are literally arrested and, since they’re launched, the state gives them about on a monthly basis to make amends for their payments. If they don’t have a longtime payment plan, they’re on the hook for the full amount.
“I don’t know whether you will find any (states) that have solved such issues satisfactorily,” stated Tonya Brito, a regulation professor at the College of Wisconsin-Madison Legislation School. Her research largely focuses on the trouble some a child support obligation debtors have discovering authorized help.
“It’s a large-scale downside,” she said. “It’s not just South Carolina.” ‘So counterproductive’
Greater than 50,000 infants posted in South Carolina every year — nearly 50 % these to unmarried dad and mom, in response to state well being division records.
Neither the South Carolina Department of Corrections nor the Department of Social Providers knows how many incarcerated women and men are serving time each and every day to be with missed child maintanence funds, however native sheriffs and jail directors say the numbers are substantial. Two surveys, in 2005 and 2009, carried out by Patterson, show roughly one in each six to eight prisoners in South Carolina had been held in contempt of household court for failure to pay.
Those ratios contain more some Lowcountry counties. In 2009, greater than 63% of Dorchester County jail detainees and greater than 25 percent of Berkeley County inmates owed the family courtroom some amount of cash, in accordance with a legitimate temporary Patterson filed with the U.S. Supreme Court five years ago.
At this time, in Charleston County, 119 inmates, greater than 10 % no matter what the jail inhabitants, are serving time for missed child support payments. Some of these inmates are likewise serving time for different, unrelated charges.
In the meantime, greater than 2,800 outstanding bench warrants have been issued for failure to shell out for child support in Charleston County.
Several men can’t escape this in-and-out cycle of incarceration, mentioned Lee Moultrie, a residential district activist in Dorchester County.
“There’s no other way entirely possible that they'll get utilizing this,” he said. “We know the insurance cover needs to change.”
Patterson said the overall scenario hasn’t appeared to change much since 2009. Here was, at one time, an endeavor within the Department of Social Providers to replace the shape’s a child support obligation cost guidelines — to and that will make them versatile, she told me — however the initiative stalled.
“It’s so strange they’re longing of this,” she said. “It’s so counterproductive in lots of areas.” ‘A loopy situation’
Brito, the College of Wisconsin professor, observed the child support fee systems, should have the tanks largely reformed nationwide within the nineteen eighties and nineties, actually work simply because they’re meant to for many families.
“So much has regular employment, a brilliant job,” she confirmed, “better believe they have an organization who follows the rules and garnishes their wages, those people aren't ready to evade payment.”
However problems with payment are likely to come up among fathers who don’t have common employment and are now living poverty, Brito said. “The reforms kind of presumed on some level that everyone who isn’t paying this is usually a deadbeat dad, which isn’t true,” she said. “It’s virtually unintentionally pitting mother and father with each other when, in point of fact, they’re each very poor.”
A James Island single mother raising two kids mentioned she hasn’t acquired a cost from her son’s father in years. “I don’t know the place he's,” she said.
They obtained a $sixteen check from her daughter’s father approximately three weeks ago — hardly sufficient money prepare much distinction, she said.
“Straight away, I ve got a car that’s falling apart. I have to secure rides for our daughter for getting forwards and backwards to work,” she said. “I’m having a hard time just paying my utilities — ensuring the sunshine and the fluids is on.”
Nelson, the home health care aide, mentioned he’s scared he’ll be sent back to jail. He recently paid $5,000 towards his a child support obligation debt — an amount the judge advised — however he doesn’t know the amount that more he’s essential to pay and remains skeptical his ordeal is over. He doesn’t know every time satisfies his debt.
“You appear like you’re below attack,” Nelson said. And he said Walter Scott most likely felt the same way.
“I could have been the mattress that acquired killed. It’s only a crazy situation and this attained be stopped.”
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Questions on child maintanence get even more advanced whenever dad or mum dies. Do child maintanence payments proceed despite if a mum or dad's loss of life? What's the protocol imagined to be?
While child custody laws differ by state, the overall the solution is that kid support does proceed from a mother or father's death. There is a very pungent public policy cause the child to go on with being maintained in the manner agreed upon. This, in fact, will require a modification to the child support order following the dying associated with a parent.
Where does kid support originate from once father or mother dies? Courts typically look to some sources.
Life Insurance and Social Security
The first place that kid support would be to be had from the deceased guardian's life insurance policy. Usually, the parent names his kids as beneficiaries; if that's the case, this would be the time to collect.
Life insurance payments are particularly crucial when the dad or mum had there is hardly any other assets or method to obtain income. Insurance policies are meant to defend their dwelling survivors and to help in case of premature death.
Social Security may also very well be garnished for child maintanence payments. This would require to be able to court docket to submit the correct paperwork, however child support usually ranks very fast on the hierarchy of where payments are doled out to.
The Mother or father's Property
Kid support payments also can make it out of the decedent's property through his assets. This includes conditions like a house, any vehicles he owned, and financial institution accounts.
What's it is essential to keep in mind about chasing after the guardian's estate nevertheless, is because this implies a timely submitting belonging to creditor's declare towards their estate. Kid support, once more, is often on top of buy when an estate is distributed, but there is a selected process involved. It's best to get hold of a qualified probate legal professional to help you with the use of this process.
Noncustodial or Custodial?
Lastly, if you are currently a noncustodial parent (essentially, your baby will not be coping with you) but you are looking to now grow to be the custodial guardian as the demise of the other mum or dad, this is possible in many cases. A child custody modification would should be made by court.
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