Subject: November FACE Newsletter

From: [email-masked] (aaron.l.hoffmeyer)
Date: 16 Nov 92 06:37:02 GMT

Central Ohio Fathers and Children for Equality (FACE) November Newsletter

[Hey folks, any of you can contribute articles to this Newsletter for
first rights publication in these forums and for hardcopy publication
(where you will be listed as the author)(the hardcopy distribution is
approximately 500 copies that go to judges, referees, lawyers,
psychologists, doctors, 60 Minutes, 20/20, other advocacy groups, and
men and women) or you can annotate articles you've found and would like
to see included.  I also send this Newsletter on floppy to other
advocacy groups.  

This month's issue has more local stuff then I wanted, and I'm not even
publishing half of the local stuff I have this month.  Send me the
articles via email, or whatever (snail mail address at bottom), if you
don't want to type them in.  I have a lackey who does such things for
me.... ;-)

This father's rights advocacy group is a non-profit organization, the
foundation is a registered charity.]

"Convictions are more dangerous enemies of truth than lies."
	-Frederick Nietzsche

"Divorce dates from just about the same time as marriage. I think that
marriage is a few weeks the more ancient."
	-Voltaire

========================================================================

Contents

Tired of Clogged Courts? Just Say, "No" to Divorce

	- a Mike Royko piece

Congress Passes Legislation to Thwart Child Support Scofflaws

	- non-payment of child support, then skipping state is a federal
          crime

Dear Ann Landers:....

	- Ann at her finest--a truly understanding, cognizant and
          empathetic person  (Not!)

Woman Surrenders after Two-Hour Siege at Glenwood Court

	- Yes, Virginia, women can take guns into the courtroom too.

Lawyer's Conspiracy Intolerable

	- is it possible?  An unethical attorney?

Son Says Jail is Place for "Deadbeat" Mom  (local event)

	- Yes, Virginia, there are "deadbeat moms too.

A Divorce Attorney's Guide to a Happy Marriage

	- some "how-to" advice from someone who sees a lot of
          "how-not-to"

Court's Double Standard Penalizes Loving Fathers (local editorial)

	- a letter to the editor--one of the few forums in the media where
          fathers' voices can still be heard

Terminating Spousal and/or Child Support Orders (local rules)

	- the procedure in one county in one state.  Your mileage will
          vary, but still, a good overview of typical procedures.

Removal of a Child from the State

	- this is important!  Many of you can use this.

State Looking to Boost Child Support Payments (state)

	- Ohio's goals to boost child support collections

Father, 12 Mothers Sue for Back Support (local event)

	- private agencies can file charges on behalf of custodial
          parents to facilitate the collection of child support.

Justice Department Makes Two Child Protection Grants

	- some comprehensive studies on the children's services system are
          underway.  It would be great if all sides can be heard on this
          one.

Human Services Director Reacts to Critical Report (state)

	- a scathing review of the Department of Human Services in Ohio
	  was released toward the end of October.  This is an excerpt
	  of an article wherein the director defends his record.

Head of State Welfare Agency Quits (state)

	- a forced resignation, maybe....

Human Services Deputy Director Fired (state)

	- there was a big shakeup in the Department of Human Services
	  in Ohio.  These people were definitely crooks, creating a
	  good ol' boy network, giving high-paying jobs to their
	  friends, traveling around the country going to convention
	  after convention while they cut aid to welfare recipients and
	  tried to blame all the problems on deadbeat dads.
	  Fortunately, the Governor cleaned house.

FROM THE PRESIDENT'S DESK

	- a message from Andy Cvercko, Ohio president of CAPRA
	  (Children And Parents' Rights Association), a subsidiary
	  group of the Children's Rights Council (CRC), on family
	  values.

Another Expert Pinpoints the Problem

	- a short pro-father piece, from the words of the person who
          started the Head-Start program in the US.

========================================================================

DISCLAIMER

First, the advice given during meetings, by members directly and in
telephone conversations, should not be taken as legal advice. It is the
opinion of the person answering the questions at the time, and the
answers are based upon legal advice that attorneys on our board have
given in similar situations. Consult your attorney before taking any
action in your case.

Second, the articles in the Newsletter are culled from a variety of
sources, cover many topics and reflect differing opinions.  Every
article is the expressed opinion of only the author of that article.
These articles do not necessarily represent the collective opinion of
FACE nor of the FACE directors. Even articles written as editorials by
members of this group are not the opinion of the group itself or of
leadership. The Newsletter attempts to present both sides on issues, so
that readers can form their own opinions and make informed decisions.
This group is for equality in the justice system. We are NOT against
women. Women who become non-custodial parents face the same kinds of
problems non-custodial fathers face. We don't think that child sup-
port guidelines are fair. But we do advocate that parents pay their
child support. We are NOT advocates of child abuse. However, we want
the courts and social systems to recognize that many contentious
ex-spouses make bogus allegations of abuse during custody battles. We
are not in favor of the exclusive use of the adversarial court system
for resolving custody disputes.  We think that mediation of these
disputes is a more effective and less expensive solution and wish the
courts would utilize this resource more often. We are not advocates for
fathers in spite of mothers. We are advocates for fathers and children,
because fathers are disproportionately torn away from their children in
divorces. We don't think that is right or fair. We believe that many
fathers, when given the opportunity to be good parents, can do the job
quite effectively and that both parents and the children benefit. We
believe in equal legal rights and equal physical access to children of
divorce for both parents. Hence the name - Fathers And Children for
Equality.

------------------------------------------------------------------------

An anagram of "Tuesday, November Third" is "Many voted, Bush retired."

========================================================================

Tired of Clogged Courts? Just Say, "No" to Divorce
By Mike Royko

Sometimes it isn't easy to follow the logic of this political cam-
paign. Especially when it comes tumbling out of Dan Quayle.

Quayle is a lawyer, although he's never really made a living at it.
Since he had to use family clout just to get into a law school, it's
doubtful that he would have been a modern-day Clarence Darrow. His wife
is a lawyer, too.

But he doesn't seem to like lawyers. Or maybe he secretly does, but he
knows that they are an easy political target.

So he regularly flails them for filing too many lawsuits, and asking
for too much money and somehow messing up our legal system.

Now, it is true that we have a lot of litigation in America, far more
than in most developed nations.

But what Quayle fails to talk about is why we have so many lawsuits.

There are corporations that sue each other. And the corporations can
clutter up a courtroom for years on end. But you don't hear Quayle
ranting about the corporations and their lawyers. Not if he wants to be
invited to a golf outing at some private club, he doesn't.

Besides, the corporations aren't the cause of our crowded court
dockets, our great glut of lawsuits.

No, the single biggest flood of lawsuits, day in and day out, week
after week, year after year, are suits filed by men and women who don't
want to be married to each other anymore.

Divorce. That's the single biggest source of litigation in America.
What, you thought it was patent infringement?

If you are an adult, just look around at all of your friends, rela-
tives and co-workers. Ask yourself how many of them have ever been in
court, and if so, what brought them there.

There might be a personal-injury case. Or maybe a traffic rap.  But if
you are a typical, middle-class American with typical, middle class,
American friends, relatives and acquaintances, you know at least one,
two and probably more who have been divorced.

My guess is that at least one out of every four adults who has read
this far has been divorced. And maybe more than once.

We have a high divorce rate in this country. And it would be even
higher except that in recent decades young people took to living with
each other before getting married. So when they split it didn't require
a judge. She took the stereo, he took the TV, they flipped for the cat
and adios, forever.

Now, whose fault is it that we have so may divorces? The lawyers?

Of course not. Divorce lawyers don't rap on doors of strangers and say,
"Hi do you have domestic strife? If so, would you be interested in
going to Splitsville? Here's my card. Call night or day."

No, what happens is, a phone rings and a voice says, "Betty, this is
Janette (sob). That philandering bastard did it again, and I caught
him. What's the name of the guy you hired?"

Or, "Charlie, I think the magic is gone. We haven't talked in two
months and I sleep on the sofa in the basement, and she makes a puking
sound whenever I'm in the room. Is your cousin the lawyer still
handling divorces?"

It's also the nastiest form of litigation because it can have ele-
ments of shattered hopes, faded dreams, battles over property and the
worst part, the custody of children, visitation rights and the use of
kids as pawns and revenge weapons.

And in no other court proceeding-murder included-is the truth more
elusive. She says it's all his fault, they both believe it, and in many
court systems the only way the judges avoid going nuts listening to so
many lies is to send both screechers to a court-appointed shrink to
sift through the woolly caterpillars between their ears.

You don't see corporate adversaries walking into courtrooms, whipping
out guns and blazing away. It's almost always some distraught crazy who
thought he got the shaft in a divorce.

So why doesn't Quayle say that, instead of taking cheap shots at
lawyers?

Why didn't he stand up at the Republican convention and say, "Now, let
me talk about our legal system. Do you know what the real problem is?
It is the millions of you, watching on TV, who have hired lawyers to
file the millions of divorce suits. And who have gone back to court
time after time to demand more money.  Or to fight over visitation
rights. Or make false charges of child abuse to punish the former
spouse you now hate. It is you who are to blame."

"Yes, and you, the TV actor with the crew cut who just gave such a
glowing introduction to my wife. You have been divorced three times.
Shame, shame on you. And shame on us for letting you take part in this
family-value convention."

Sure, Quayle could have said that. Then he could have gone back to his
hometown in Indiana and lost a close race for constable.

And, if he had said those things, he would have been unfair because he
is in no position to judge why marriages end. People make mistakes,
including marriages. Most divorces are preferable to two people
making each other miserable and their kids neurotic. There's not much
family value in households where hate is the prevailing emotion.

I mean, come on, a three time loser introducing his wife?

And they make jokes about Woody Allen. Tsk, Tsk.

  Source: Many papers around the world, esp. the Chicago Tribune,
          October 1992

========================================================================

Congress Passes Legislation to Thwart Child Support Scofflaws

Included in the crush of legislation adopted in the final hours of
Congress was a bill making it a federal crime to move to another state
to avoid paying child support.

The legislation, which also makes financial abandonment of children for
a year a federal crime, is designed to help 16 million children gain
some of the $18 billion due them.

"Non-support" of children is a very cruel form of child abuse; it robs
children of their childhood and forces many into poverty," said
Geraldine Jensen of Toledo, national president of the Association for
Children for Enforcement of Child Support.

"Children are going to bed hungry every night because parents are using
state lines to hide behind," she said.

  Source: Columbus Dispatch, October 11, 1992

========================================================================

Dear Ann Landers:....

I believe the child support laws need to be rewritten to give fathers a
better break. I've been Johnny-on-the-Spot every month since 1984-never
missed a payment.

My ex-wife makes $26,000. She has remarried and her husband makes over
$40,000. My annual income is $36,000. In my opinion, the $365 a month
I'm paying in child support is excessive, especially since I also pay
all the boy's medical bills, including drugs, dental, and eye care.

Shouldn't a father who pays child support be allowed to claim that
child as a dependent on his income tax? No way-my ex-wife claims our
son on HER tax return, which is another break for her.

My ex-wife was the one who broke our marriage vows. It doesn't seem
fair that I should have to keep her comfortable with extra cash. She
filed for a no-fault divorce by mail, packed my bags, changed the locks
and had all her bills sent to my mother's address. Then she had the
nerve to charge $1,200 worth of clothes on my account. After that, she
sold our home with everything in it, including my tools. I never saw
one cent of the money.

It's about time we put some pressure on our congressmen and senators to
pass legislation that gives divorced fathers a break.  Will you help?

  -Jim in Washington, PA.

Dear Jim:

I respect you for living up to your responsibility as a father, but the
way I see it, $365 a month is not excessive for a man in your income
bracket.

The poorest segment of society is the divorced woman with children. Far
too many divorced fathers fail to pay child support. The government
spends a fortune chasing divorced dads who run from state to state in
an effort to avoid paying.

Thanks to computers, it is becoming easier to track the runaway bums,
but even so, too many single mothers are having a rough time because
their husbands took a powder.

  Source: Many papers around the world, October 1992

[Comment:  Hey Ann, the question was, "Will you help?"  A simple, "No"
would have sufficed.  Unless, of course, you're pushing some agenda....]

========================================================================

Woman Surrenders after Two-Hour Siege at Glenwood Court
By the Associated Press

GLENWOOD SPRINGS - An armed woman who was distraught about her
divorce held authorities at bay for more than two hours Thursday
morning at the Garfield County Courthouse before she surrendered.

The Garfield County Sheriff's department said Roberta M.  Greybar, 33,
of Newcastle, was in custody at the Garfield County Jail.

Greybar allegedly brandished the weapon during a hearing over a
temporary restraining order regarding her divorce case. Officials
said she took her husband hostage and reportedly threatened suicide
during the standoff.

People in the courtroom escaped and no one was injured in the incident,
said Glenwood Springs police Chief Don Williams.  Greybar's husband,
Charles, walked out of the courtroom about 40 minutes after the
incident began, although she allegedly continued to threaten him with
the gun.

Law enforcement officials, including Sheriff Verne Soucie and Judy
Davis of the Garfield County sheriff's office, negotiated with the
woman.

Greybar was sitting in the courtroom alone, crying and sometimes
pointing the gun at herself as well as gesturing with the gun,
witnesses said.

Greybar, along with a 9mm automatic gun, was taken into custody at
12:17 p.m. She was escorted out the east end of the courthouse directly
into the Garfield County Jail, crying in the arms of her husband.

Courthouse employees and media were evacuated.

A judge involved in the incident said there is no formal security check
for guns in the Garfield County courtrooms, but said the courts do have
a security policy when such situations occur.

  Source: Fort Collins Coloradoan, October 23, 1992

========================================================================

Lawyer's Conspiracy Intolerable
By Jan Warner

Question: Quite unexpectedly, my wife announced she was tired of being
married, rented an apartment and moved out a couple of months ago.
Because I had done nothing wrong, my lawyer told me not to support her.
Her lawyer wrote several threatening letters, demanding support. I sent
no money. After a month, my wife reappeared, said she had made a
mistake and asked me to go to counseling. Against my lawyer's advice, I
took her at her word and agreed to reconcile.

Not two weeks passed before she started up again, trying to make me mad
and telling me to hit her if I didn't like it. Then I found a letter
from her lawyer under the front seat of her car. It suggested that my
wife come back to me long enough to gather financial evidence and to
see if she could goad me into hitting her so she would have grounds to
leave me and get support. I copied the letter and gave it to my lawyer,
who sued not only my wife but her lawyer. I don't know what would have
happened if I hadn't found the letter. I should have listened to my
lawyer and I hope you print this letter to let your readers know that
in these types of situations, you shouldn't trust too quickly.

Answer: A broken marriage is fragile enough without this conduct,
which is certainly unexpected from an officer of the court.  Although
you should have the right to rely on a reconciliation effort as being
in good faith, your lawyer was right to be concerned under the
circumstances you describe. But it is intolerable for your spouse's
lawyer to conspire with her to make a fraudulent attempt to gain an
unfair advantage over you. This type of conduct not only interferes
with the marital relationship, but perverts the judicial process.

  Source: News Journal, Mansfield, Ohio, August 4, 1992

------------------------------------------------------------------------

The following peculiarity appeared among the wedding announcements of
the Sunday Times (South Africa's main Sunday newspaper) of October 25,
1992:

TSUKKERPUPIK/ZUNDELFARTZ
The public must not be confused by the forthcoming marriage of my
ex-husband Solinka, to my erstwhile cousin, Andrea, which wedding will
take place on November 19, 1992 at the Sandton Sun Hotel at 7 p.m.
Solinka's original wedding to me was a travesty of justice. It was
never consummated, he never ever supported me, nor wrote to me, nor
phoned me, not even sent a fax (and that Chaleria Andrea did everything
to take him away from me). I have of course attempted to remarry, but
without success, as all the prospective gentlemen I have approached are
unfortunately not interested. Nevermind, I am an optimist and will keep
trying to find the right man. Incidentally, if you know anyone who is
obviously desperate, please call me (Erica Tsukkerpupik, care of the
Stadchen at 011-337 4150). (But keep it confidential, who knows Andrea
might take him away too!) Come to say Hullo to me at the wedding of
those two traitors (I'll be sitting at the Ellerine table).

========================================================================

Son Says Jail is Place for "Deadbeat" Mom 
By Catherine Candisky

George Yates II says his mom should go to jail.

"She should go because she's not doing the things she supposed to," the
11-year-old said yesterday outside a Franklin County Common Pleas
courtroom.

Judge Richard Sheward promised to make good on that request.  Moments
earlier, he told George's mother, Caroline Walker, to expect the
maximum 18-month prison term and $2,500 fine when she returns for
sentencing Dec 7.

Walker pleaded guilty yesterday to one count of non-support for failing
to pay nearly $6,000 in child support to George Yates, who has custody
of the couple's son.

I have no patience for these cases at all, Sheward told Walker.  He
ordered her to pay the support she owes before sentencing.

Assistant County Prosecutor Doug Stead said Walker, 27, of 4667 Refugee
Rd., No. 10, has failed to make most of the $20 a week support payments
she was ordered to pay in 1985 when Yates won custody of their son.

Walker and her attorney declined to comment until sentencing.

"Finally justice is being served," Yates said. "It's taken years to get
this. I started filing contempt actions in 1986."

Walker filed a paternity action against Yates in 1981, shortly after
her son was born. A year later, Yates acknowledged he was the father
and was ordered to pay child support.

That changed in 1985 when Yates won custody and Walker was ordered to
pay support. But she rarely did, and in July, Walker was indicted along
with 32 men accused of failing to pay more than $500,000 owed in
support to 59 children.

The indictments represented the largest number of criminal non-support
charges ever filed by a Franklin County Grand Jury and followed a joint
investigation by the Franklin County Prosecutor and the Franklin
County Child Support Enforcement Agency.

Yates, 34, of Madison Township, said he has been on disability from his
mechanic's job for three years because of a back injury.  He said he
used those benefits and his wife's income to support his sixth grade
son.

"I really think there are just as many deadbeat moms out there as there
are deadbeat dads," he said. "But I don't expect to see any of that
money. I just wanted to see justice served."

  Source: Columbus Dispatch, October, 1992

========================================================================

A Divorce Attorney's Guide to a Happy Marriage
By Bob Bracco

Mae West used to say, "Don't marry for money, it's cheaper to borrow."
That's even more true today with seven percent money readily available!
All kidding aside, however, handling hundreds of divorce cases over
the last ten years has given me a unique perspective into some of the
causes for the breakup of a marriage. As I see it, the top ten factors
in the disintegration of marriages are:

     1.	Financial disagreements 
     2.	Unrealistic expectations about marriage 
     3.	Few common interests or friends 
     4.	Infidelity
     5.	Sexual incompatibility 
     6.	Breakdown in commitment to each other and the marriage
     7.	Alcohol or drug addiction 
     8.	Abuse and/or domestic violence 
     9.	Conflict in basic values and beliefs 
    10.	Chronic unemployment

With three out of every five marriages ending in divorce today, even
the prospect of marriage can be quite a gamble for almost every man and
woman. The reality is that not everyone is meant to be married.

While it is obvious that some of these situations, such as addiction,
abuse or chronic unemployment, would constitute sufficient reason for
not continuing a marriage, it is beyond my comprehension why anyone
would enter into a marital relationship if these traits were known
beforehand. When I asked my female clients why they got married in the
first place, the most frequent replies were:

      *	I wanted financial security
      *	He made me happy
      *	We dated for a long time
      *	I wanted to have children
      *	I was tired (or afraid) of being alone

Unfortunately, these reasons for getting married seem to lay the
groundwork for divorce. My impression has been that none of these
reasons are sufficient for getting married. Why? Mainly because they
are self serving needs rather than joint goals of the parties to the
marriage. Also, you will note that "love" was never mentioned (although
defining love is a tricky business in itself). Most of these clients
were in love with the concept of marriage but lacked a realistic
understanding of what marriage is or what to expect of their partner
once they entered into it.  Perhaps they had their parent's marriages
as their prime examples of what they wanted their marriages to be or
not to be like, but today's world presents a number of different
circumstances their parents never had to deal with (for example,
whether or not women should work outside of the home, whether or not to
have children and how many, sharing household chores, dual incomes and
spending decisions, etc.) Needless to say, a marriage can provide
security, children and a certain amount of happiness, but the marriage
vows alone can assure nothing.

In my extensive contacts with divorcing parties, one of the most
amazing observations I have come across is how little discussion they
have on how the fundamental elements of their marriage. For example,
a wife may have very little knowledge of the family's finances. Prior
to the marriage, money matters may have come up only superficially and
passed over, thinking these things would take care of themselves. Once
a couple gets down to day-to-day living, such issues as budgeting,
debts, spending priorities, income sources, tax liabilities, etc. merit
in-depth communication.

So what is a divorce attorney's guide to a happy marriage? Simply
put, the big "C" word. No, not commitment, but communication,
communication, communication. I have found in actual practice, if the
parties communicate their expectations about the marriage prior to the
marriage (that is, children, finances, career goals, values, religious
beliefs, etc.) they will have laid the foundation for a better chance
of a happy and successful marriage. However, this communication
should not stop on the wedding day. It's even more crucial to continue
to discuss expectations, concerns and problems as you face new
situations and changes throughout the marriage. If your present or
future spouse avoids discussing these issues with you, then you have a
serious problem that isn't going to be solved by getting married.  In
fact, if there are communication problems before the marriage, it is
unlikely they will improve after the marriage.

Another element of a happy marriage is shared activities, common
interests and friends. An all-to-frequent divorce scenario seen today
involves a couple who have been married more than 20 years. They
married young and had children right away, with the wife staying home
and the husband working. In this situation, the only shared concern
was the children, with the wife focusing on child raising and her
separate activities and the husband on his career. Then, one day, the
children are off to college, jobs and life of their own, and the wife
is at home with a husband who is either deeply involved in his career
or recently retired. But, the focus of their attention is gone, leaving
two strangers in the same house without another common bond to keep
them together. Having failed to communicate over the years, the parties
have drifted apart, giving them no reason to be patient, caring or
understanding of the other's needs or desires.  The caveat here is,
don't just live through your children. In addition to developing your
own interests and activities, make sure to find some mutually
interesting activity that you can share with your spouse.

Finally, this divorce attorney would like to advise you to keep your
marriage alive by setting aside time to be alone with your spouse
without the children or other friends at least once a week. This will
help relieve the stress imposed by the outside world and problems
confronting you that interfere with the quality time and intimacy with
your spouse which led you to marry originally.

A marriage for life takes planning, patience and open communication
to be successful. Without any one of these elements, there is a good
chance you will be seeing me or one of my fellow attorneys sometime
in the future.

  Source: Women's News, October 1992

========================================================================

Court's Double Standard Penalizes Loving Fathers

One of the most neglected issues in this year of family values hype is
the inequity in divorce laws as it applies to visitation rights, of
non-custodial fathers. In Most states, Ohio included, father's rights
are not enforced or protected under the law. We hear a lot about
non-support and see legislation for enforcement on state, local and
federal levels. I don't see stories about fathers who pay support and
are blocked from seeing their children by ex-wives who refuse to allow
scheduled court-directed visits on a regular basis.

The fact is there is no recourse. Instead of enforcing dissolution or
divorce decrees, the Domestic Relations Court avoids applying
penalties for non-visitation compliance. Instead it encourages
excuses for interference with visitation by citing age, school activity
and other extracurricular involvement as a valid excuse for withholding
rightful visitation.

Over 50 percent of non-custodial parents see their children less than
once a month when their court-approved visitation rights are mostly set
for every other weekend. Ex-spouses who deny visitation should go to
jail the same as delinquent child support violators should.

Sadly, the legal system does not put the same value on the father's
time spent with his children as it does the almighty dollar. A
father's love is much more valuable. It is priceless. There is a double
standard in the Domestic Relations Court as far as child visitation and
support is concerned and right now I see no effort being made for
equity. In this regard, the legal system is a sham and is totally
unfair.

  Source: Letter to the Editor, Columbus Dispatch, October 8, 1992

========================================================================

Terminating Spousal and/or Child Support Orders
By Paul Bokrus and Jack Quinn

This article features information provided from the second seminar
sponsored by the Franklin County Child Support Enforcement Agency
(FCCSEA) held in Columbus.

Introduction

The current Administrative Process became effective in April, 1992. The
average time to stop support orders has dropped from a minimum of two
to three months with a Court appearance to three to four weeks without
necessarily appearing in Court.

Termination of Spousal Support and/or Child Support may be completed by
the Administrative Review and Hearings (ARH) section of the Franklin
County Child Support Enforcement Agency (FCCSEA).

Termination of support may also be accomplished via the parties
filing their own motions with the Court, usually with the help of an
attorney.

Parties receiving support (obligees) are placed under the obligation
to inform the FCCSEA if there are any reasons for which support should
terminate.

Parties paying support (obligors) may notify the FCCSEA of any reasons
for which support should terminate, but are under no legal obligation
to do so.

The services of the FCCSEA to terminate support are available to either
party.

The FCCSEA cannot take any action in the case until the events leading
to the termination have actually occurred. For example, if the order is
to be terminated on the date of graduation, the FCCSEA cannot act until
after graduation has occurred.

Terminating Spousal Support Orders
Reasons for Terminating Spousal Support

   XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
   Reason 		   Documentation Necessary
   xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
   Time Limits of 	   Only a phone call to the Agency. For 
   Decree are com-	   example, if a spousal order states it 
   pletely satisfied	   is to be effective for three years and 
   	   		   three years has passed, a wage with-
   			   holding order may be filed to correct 
   			   or cancel the support order without 
   			   any further investigation.
   
   Re-marriage of the      Copy of marriage certificate
   ex-spouse receiv-
   ing support.

   Death of the ex-        Copy of death certificate or any 
   spouse		   other proof of death
   xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

These are the most common reasons for terminating support, but the list
may not be all-inclusive. If you believe your spousal support order
should be terminated for any other reason, please feel free to contact
the FCCSEA.

Terminating Child Support Orders
Reasons for Terminating Child Support

   XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
   Reason 		   Documentation Necessary
   xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
   Child obtaining the     Proof of child's age, such as birth 
   age of 18 and no 	   certificate
   longer attending an 	   Proof of child's graduation or with-
   accredited high 	   drawal from high school such as a 
   school full time	   copy of a diploma or a letter from 
			   the school
   
   Physical change of 	   Letter from each parent regarding 
   custody		   the change of custody
   
   Legal change of 	   Copy of final court order
   custody or adoption
   
   Marriage of child	   Copy of marriage certificate
   
   Entrance of child 	   Copy of the papers of induction into 
   into the Armed 	   the military
   Forces
   
   Death of a child	   Copy of the death certificate or any 
			   other proof of death
   xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
   
These are the most common reasons for terminating support, but the list
may not be all-inclusive. If you believe your child support order
should be terminated for any other reason, please feel free to contact
FCCSEA.

Reasons for Not Terminating Support Order

   XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
   Reason 		   Explanation
   xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
   Engross Order	   An engross order is an order which 
			   specifies a flat amount of child sup-
			   port. For example, an order which 
			   establishes "$750 per month for the 
			   support of the minor children." If 
			   there are three children, it is not con-
			   sidered to $250 per month per child. 
			   The FCCSEA cannot start the termi-
			   nation procedure in these cases until 
			   the youngest child is eligible for 
			   legal emancipation. A possible rem-
			   edy to adjust the amount would be 
			   modifying the support order. The 
			   FCCSEA may help with this if cer-
			   tain criteria are met, or you may 
			   consult with a private attorney.
   
   Age of Majority 21 	   Any order which were made prior to 
   Years		   January 1, 1974, have an age of 
			   majority of 21 years instead of 18. 
			   In these cases, the support would not 
			   be terminated until age 21 and out of 
			   high school unless some other rea-
			   son for termination exists.
   
   Child is Handi-	   In some cases, child support would 
   capped		   continue until the child is able to 
			   become self-supporting.
   
   Specific Language 	   The best example of this may be an 
   in Original Order 	   obligation to continue to pay child 
   which extends Sup-	   support as long as the child is 
   port			   attending an accredited college.
   xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Processing of Terminations

The process consists of two steps. The first step is to notify the
parties and the Court of the results of the FCCSEA's investigation into
the termination request. The second step is the actual termination of
the order by the Court.

The paperwork filed includes the notification of results of the
Investigator (FCCSEA-ARH 391, an arrearage calculation FCCSEA-ARH 301,
and a Notice of Objection to the CSEA investigation).

After the investigation is completed and the documents filed, the
parties have ten days in which to object to the Agency's findings.
The objection is mailed directly to the Court Impound Officer at the
address listed at the bottom of the Objection form.  If no objection is
filed, the Court issues an entry reflecting the findings of the
investigation.

  Source: Franklin County Child Support Enforcement Agency's seminar on
          Spousal Support, October 1992

========================================================================

Removal of a Child from the State

Some state laws prohibit removal without consent of the non-custodial
parent unless the court, upon cause shown, otherwise orders. Other
states authorize a court to grant leave to remove a child whenever such
a move is in the best interest of the child, while others empower the
court to restrain a removal which would prejudice the rights or welfare
of the child.

Once an action relating to the child's removal has been filed, state
laws across the country vary as to which parent has the burden of
proof, and what that parent is required to show in order to be
permitted to move or to prevent a move. The law in some states creates
a presumption that permission to move should be granted unless the
non-custodial parent establishes by a preponderance of the evidence
that removal would not be in the best interest of the child. Other
courts focus on the best interest of the child in determining whether
to permit the move.  Many courts have adopted a test from a New Jersey
decision in D'Onofrio v. D'Onofrio, 144 N.J. Super. 200365, A.2d,
affirmed, 144 N.J. Super. 352365 A.2d 716 (1976). New Jersey now has a
statute which limits the right to move a child from the jurisdiction.
The test states that the court should:

	"Consider the prospective advantages of the move in
	 terms of its likely capacity for improving the general
	 quality of life for both the custodial parent and the
	 children. It must evaluate the integrity of the
	 motives of the custodial parent in seeking the move in
	 order to determine whether the removal is inspired
	 primarily by the desire to defeat or frustrate
	 visitation by the non-custodial parent and whether the
	 custodial parent is likely to comply with the
	 substitute visitation orders when she is no longer
	 subject to the jurisdiction of the courts of this
	 state. It must likewise take into account the
	 integrity of the non-custodial parent's motives in
	 resisting the removal and consider the extent to
	 which, if at all, the opposition is intended to secure
	 a financial advantage in respect of continuing support
	 obligations. Finally, the court must be satisfied that
	 there will be a realistic opportunity for visitation
	 in lieu of the weekly pattern which can provide an
	 adequate basis for preserving and fostering the
	 parental relationship with the non-custodial parent if
	 removal is allowed."

In a recent decision, The Superior Court of New Jersey, Appellate
Division (Zwerneman vs. Kenny, Superior Ct. of N.J.  Docket No.
A-111-88t3f) upheld the decision of a judge who said he would take
custody from a parent who planned to permanently remove the child
from the state, and give custody to the parent who planned to remain in
the state. In so doing, the court upheld a New Jersey statue that
permits judges to make such custody changes. The trial court refused to
allow a parent to take the minor child to Florida because of the effect
such a move would have on the minor child's relationship with the other
parent. The appellate court determined that although the relocation
would be economically beneficial for the moving parent to relocate to
Florida, the monetary compensation is not nearly as important as the
relationship between the minor child and the non-custodial parent. To
quote part of the legal argument offered:

	"The determination of the parent-child relationship
	 with all the attendant consequences for his life, is
	 unquestionably the most fundamental right the child
	 possesses in our system of jurisprudence. The child's
	 right to consortium with each of his parents demands
	 the full constitutional protection."

In a report to the State Child Support Commission by the ABA (July
1985) the following was written:

	"It is clear that there are a number of competing
	 concerns and a number of competing viewpoints on this
	 issue. The commission recommends that the state
	 legislation be adopted requiring the custodial parent
	 to notify the non-custodial parent of a planned move
	 sufficiently in advance to allow modifications of the
	 visitation order, to pursue change of custody or seek
	 modifications to deal with increased cost of
	 visitation."

Interstate enforcement and modification of court ordered, decreed
custody and visitation rights are governed by UCCJA and the Parental
Kidnapping Prevention Act (PKA), a federal law enacted in 1980. If
there is no removal provision it should be included in the custody
decree, to insure enforcement by another state.

========================================================================

State Looking to Boost Child Support Payments

COLUMBUS, Ohio (UPI) - Still facing massive fines for failing to meet
federal child support collection standards, the state hopes to increase
collections by using employment records to find deadbeat parents.

Department of Human Services officials say the state also hopes to
collect nearly $33 million in back child support payments by
intercepting 1993 tax refunds.

Since April, the department has been matching computer lists of people
owing child support with the Bureau of Employment Services' computer
records.

Counties have been providing such lists to the state when they cannot
find child support offenders. Out of 60,015 names provided, 35,422
people were found through employment records as of late August, Human
Services officials say.

Keith Moon, a deputy department director and head of the child support
division, said he did not know how many of the 35,422 people located
are paying support. He said it is difficult to determine until a
statewide computerized child support tracking system is up and
running.

Moon said the project will be phased in around the state in 1994.  The
lack of such a statewide computer system is one of the reasons Ohio
has been assessed about $17 million in fines by the federal government
for not meeting child support collection standards.

Gov. George Voinovich said recently Ohio, including what it already has
been fined, could see fines mount to $85 million.

Human Services has received permission from the federal government to
target about 149,000 federal tax returns and about 2,700 state tax
returns, filed by people owing a total of more than $1 billion in child
support payments.

This year, more than 40,000 people wound up losing their refunds and
more than $26.5 million in back child support was collected.

The state estimates it will wind up successfully intercepting and
collecting nearly $33 million in back payments from more than 49,000
refunds in 1993.

A person must be at least three months behind in child support payments
before tax refunds can be intercepted.

  Source: UPI-Radio, November 1, 1992

========================================================================

Father, 12 Mothers Sue for Back Support

Thirteen frustrated central Ohio parents-one father and 12
mothers-tired of not receiving child support, took matters into their
own hands yesterday by bringing criminal non-support charges against
their ex-spouses in Franklin County Municipal Court.

The charges, which allege a total of $336,121 in unpaid support, were
filed by or on behalf of clients of Children's Support Services of
Ohio, a private child support collections agency founded by Charlene
Dunbar.

The accused parents will be summoned to appear at a preliminary
hearing at 9 a.m. Nov. 5.

Dunbar made news last year when the Franklin County prosecutor's
office indicted her ex-husband on charges of non-support after she
hired a private detective to track him down in Texas. Dunbar's
ex-husband eventually paid $40,000 in back support.

She started her agency to help find deadbeat parents for clients here.
Her clients pay a $25 application fee and agree to pay her 20 percent
of any back child support the private agency collects.

Yesterday's criminal charges were her first such action.

Private filing of non-support charges is unusual, Assistant County
Prosecutor Bill Owen said. He said the prosecutor's office probably
will work with the Franklin County Child Support Enforcement Agency
to investigate the cases and determine whether to seek indictments.

The 12 men and one woman charged all were given the chance to cooperate
with their spouses, Dunbar said.

"We've gone back to each and every one and told them we were going to
do this," she said.

She criticized the county support agency for not tracking down the
non-paying parents sooner.

"Franklin County has these cases a lot longer than I had," she said.

Dunbar and her staff of four search for absent parents, using
information from credit reports and anything else they can get their
hands on.

Publicity about her efforts on a television talk show has led to other
tips-the National Enquirer tabloid newspaper, which is interested in
her story, set her on the trail of a deadbeat parent who owns a yacht
in Florida, she said. The local marina police provided the suspect's
address.

Joseph J. Pilat, director of the county agency, said he sympathized
with parents who have waited a long time for support, but he defended
his agency's work to increase collections and find on-the-lam parents.

We've been really aggressive over the past year," Pilat said.  "Whether
we've been able to respond to everybody that needs the service is
another question. This problem didn't happen overnight. We've got
70,000 backlogged cases to try to deal with."

He said that his agency is responsible for collecting every payment
due from every parent, but added, "the reality of it is that there are
a lot of men and women who don't do what they're supposed to do."

The county agency assisted in bringing 33 criminal non-support
indictments in July. Those cases are moving through the court system
now.

Pilat also said another 19 indictments have come down recently, but the
court has ordered the defendant's names kept secret until deputy
sheriffs have a chance to track them down. In the past parents accused
of non-support have fled after learning they were indicted.

  Source: Columbus Dispatch, October 1992

========================================================================

Justice Department Makes Two Child Protection Grants

WASHINGTON, Nov. 3 - The Department of Justice today announced the
awarding of two grants to study the effectiveness of child protection
services in the justice system. The National Institute of Justice
(NIJ), the department's criminal justice research agency in the Office
of Justice Programs (OJP), in a joint project with the Office of
Juvenile Justice and Delinquency Prevention (OJJDP), another OJP
component, awarded $499,988 to the American Bar Association's (ABA)
Fund for Justice and Education and $186,536 to the Education Develop-
ment Center in Newton, Mass. The ABA project will track family civil
and criminal cases of child abuse through the justice system. It will
accomplish four major tasks:

      - Conduct on-site reviews of policy, procedures and practice in
	three jurisdictions, including interviews with justice system
	professionals.

      - Track 450 children in each site from the time they are reported
	as allegedly abused or neglected until the justice system
	disposes of their cases.

      - Track 125 cases already before the court back to their origi-
	nal reports to establish their intake point and disposition.

      -	Examine a single site that routinely prosecutes child mal-
        treatment cases. 

NIJ will publish a comprehensive report on the project's results and
policy implications that will include specific recommendations for
improving the justice system processing of child abuse cases. The
Education Development Center's project, which will be conducted with
the ABA's Center on Children and the Law, will conduct a national
assessment of the problems involved in coordinating criminal and
juvenile court actions in child maltreatment matters. The 18-month
study will include:

      - A nationally representative telephone survey of court
        officials.

      -	An in-depth exploration of the legal issues. 

      - Identifying and describing promising approaches that appear to
	be effective in four jurisdictions.

      - Documenting the research findings and improvement
        recommendations.

"By identifying strategies that work to coordinate justice system
actions in a number of jurisdictions these two grants will help improve
the efficiency and effectiveness of justice system decision-making and
court practices while balancing the community's interest in protecting
children, preserving families and upholding the constitutional rights
of defendants," commented OJP Acting Administrator Steven D.
Dillingham.  "While these projects are directed toward improvements in
the justice system's handling of child maltreatment cases, the ultimate
benefit of this work will be improvements in the protection of
children."

Additional information about the Office of Justice Programs agencies,
that is, the Bureau of Justice Assistance, the Bureau of Justice
Statistics, the National Institute of Justice, the Office of Justice
Programs, the Office of Juvenile Justice and Delinquency Prevention,
and the Office for Victims of Crime, and their publications may be
obtained from the National Criminal Justice Reference Service, Box
6000, Rockville, Maryland 20850. The telephone number is
1-301-251-5500.  The toll-free number is 1-800-732-3277.

  Source:  UPI-Radio, November 3, 1992

========================================================================

Human Services Director Reacts to Critical Report

COLUMBUS, Ohio (UPI) - Terry Wallace, director of the Ohio Department
of Human Services, says critics of his agency are focusing too much on
the negative and ignoring the department's accomplishments.

"I think we need to look at what the department has gotten done in 18
months," Wallace said Tuesday after the state's inspector general
released a report saying the department is "out of control."

The report from Inspector General David Sturtz's office said
investigators found mismanagement and wrongdoing in the department. It
detailed favoritism in the hiring process, excessive pay raises and
examples of mismanagement.

John Meyer, communications director for Gov. George Voinovich, said
the report revealed little new.

Meyer said Wallace continues to have Voinovich's full support.

  Source: UPI-Radio, October 28, 1992

------------------------------------------------------------------------

Head of State Welfare Agency Quits 

COLUMBUS, Ohio (UPI) - The director of the Ohio Department of Human
Services who has been under fire for charges of mismanaging the agency
has announced his resignation.

Gov. George Voinovich was expected Monday to name an interim director
to replace Terry Wallace.

Wallace plans to leave the state welfare agency on Nov. 27. In the
meantime a transition team will handle most of his duties.

His resignation from the $85,010 a year job was announced Friday by
the governor in a news release. Wallace and Voinovich met earlier in
the day and apparently reached an agreement on Wallace's departure.

Earlier in the week a report by Ohio Inspector General David Sturtz
said the department had a pattern of improperly hiring people who may
have been referred through the governor's office, Wallace's office and
by state legislators.

Three deputy directors were forced to resign earlier in the month and
Wallace had to defend spending $10,000 in out-of-state trips by
department officials at a time when the state has cut 73,000 people
from General Assistance because of budget problems.

Sturtz had recommended a critical review of salary increases for
department executive personnel and cited raises given to 17 people
since Wallace as appointed director on March 17, 1991.  Wallace was the
governor's third choice for the post.

Voinovich issued a reprimand to Wallace in 1991 after Wallace had his
brother, who is a police chief, conduct unauthorized background checks
on the governor's cabinet members.

  Source: UPI-Radio, October 31, 1992

------------------------------------------------------------------------

Human Services Deputy Director Fired 

COLUMBUS, Ohio (UPI) - Ted Fry, senior deputy director of the Ohio
Department of Human Services, has been fired by acting director James
Conrad.

Fry was second-in-command under Terry Wallace who has resigned as
director and was replaced by Conrad, former director of the Ohio
Bureau of Employment Services.

Fry, who was paid $65,500 a year, was unavailable for comment.

He was named in Sturtz's report as one of several officials who took
early retirement in 1991 from the Department of Mental Retardation
which cost that department $143,722 and then went to work for the
Department of Human Services.

  Source: UPI-Radio, November 4, 1992

[Comment:  Recent reports indicate that most of the deputy directors were
fired.  There was a complete shake-up of the corrupt management of this
agency responsible for overseeing Children's Services, AFDC and the
collection of child support in the state.]

========================================================================

FROM THE PRESIDENT'S DESK
Family Values and National Politics
By Andy Cvercko, president of CAPRA

The rhetoric of this campaign season has me worried. Dan Quayle
verbally beats up on Murphy Brown and Hollywood unites in her defense.
Aside from boosting the show's ratings, the real apparent benefit is to
coin a campaign buzzword, "FAMILY VALUES."

Family values is one of those terms that no one in his right polit-
ical mind would take issue with. It sounds like mom, apple pie and
baseball all wrapped up in one phrase.

The problem is that no one has truly defined what is meant by family
values. It can be all things to all people.

To the intact family it may be the glue that holds them together.  Mom
and Dad and the kids trundling off to the small town church on a spring
morning, followed by a trip to grandma's house.

To the government, family values translate to the dollars that it takes
to raise a family. When Uncle Sam passes laws to set levels and
collect child support, he is saying that he wants parents to provide
economic support, not him. We have yet to see the government promote
family values in the arena of emotional support (visitation).

To the divorced residential or non-residential parent, family values
are more elusive. They are something lost, strayed or stolen.  What is
the politician saying to us? Have we broken traditional values? Are we
second rate citizens? Is there life after divorce?  Are remarriaged
families allowed to have family values?

Perhaps the emphasis on family values is the pendulum beginning to
swing away from the no-fault divorce system. It may be the opening
salvo of a battle to keep families from splitting up as readily as they
now can and do.

If family values means that there is value in the family unit staying
together, then there may be some benefit to the movement.  If it means
that the federal government is trying to get involved in our family
lives, please count me out.

Both political parties are beating the family drum. Human Services
Director Sullivan writes of fathers missing from the lives of kids.
Even Geraldine Jensen of ACES admitted that kids deserve emotional
support. Whatever the outcome, it is certain the 90s will be the decade
when family values are defined.

========================================================================

Another Expert Pinpoints the Problem

Urie Bronfenbrenner, the Cornell professor recognized as the architect
of Head Start, says children in fatherless households "are at greater
risk for experiencing a variety of behavioral and educational problems,
including extremes of hyperactivity or withdrawal, lack of
attentiveness in the classroom, difficulty in deferring gratification,
impaired academic achievement, school misbehavior...., suicide,
vandalism, violence and criminal acts."

The reason, he says, is not the poverty associated with single-parent
families but the "impaired parent-child interaction."

The July 22, 1991 issue of Newsweek carries an article on promiscuous
young girls, flatly blaming the problem on fatherlessness.

  Source: The Liberator, August 1991

========================================================================

[All that follows is local information, credits, an attorney referral
list, you know, that kind of thing.  If you're not interested, this is
a good place to stop....]


Meeting:  November 16th, 1992

Our guest speaker for November is the Honorable Referee Rexann
Hosafros. Referee Hosafros has been a referee in Franklin County since
December of 1991. She is the only woman referee in the Domestic
Relations Court.

After pumping gas as a young woman at her father's gas station (Rex's)
and working there as she went to college, Rexann obtained her degree
and worked as a high school English teacher. Later, she attended
Capital Law School at night (while working in the Juvenile/Domestic
Relations court system) and graduated with her Juris Doctoris in 1985.
She previously worked for five years in the Legal Aid Society and one
year for the Attorney's General office.

========================================================================

                         ATTORNEY REFERRAL LIST
                         (listed alphabetically)

Pamela Bertram			  Andrew Fishman
502 South 3rd Street		  765 South Front Street
Columbus, Ohio 43215		  Columbus, Ohio 43206
(614) 221-0725			  (614) 444-3606

Bradley Frick			  Patricia Grimm
50 West Broad Street, Suite 3300  4937 West Broad Street
Columbus, Ohio 43215		  Columbus, Ohio 43228
(614) 228-0505			  (614) 878-1092

Ralph A. Kerns			  Barry Wolinetz
743 South Front Street		  Luper, Wolinetz, Sheriff & Neidenthal
Columbus, Ohio 43206		  50 West Broad Street, Suite 1200
(614) 444-1100			  Columbus, Ohio 43215
				  (614) 221-7663

------------------------------------------------------------------------

                       The FACE Newsletter Staff

     Jack Quinn 		Research, Contributing Editor
     Aaron Hoffmeyer 	        Research, Typesetting, Contributing Editor
     Paul Bokros 		Research, Contributing Editor, Mailing List

                           The FACE Officers

		Mike Driscoll 		President
		Tom Tavener 		Vice-President
		John McKinley 		Treasurer
		Bob Fowler 		Secretary

The Fathers and Children for Equality Foundation is supported by the
Ohio United Way.

 (c) 1992. All copyrights are implied and applicable.

                                F.A.C.E.
                             P.O. Box 18022
                          Columbus, Ohio 43218
                             (614) 275-6767

Aaron L. Hoffmeyer
[email-masked]

P.S.  The usual stuff down here.  Postscript if you want it (even in
color, if you got it), etc. etc.

From memory....

To make a prairie, it takes a clover and a bee--
One clover, one bee
and revery.

And if bees are few,
revery alone will do.
	-E. Dickinson

I told this joke (which I made up) to my ex-wife and she didn't get
it....

	There was a blond girl who was so stupid her safeword was,

	"Yes."

	"Ouch!"

	"Oh."

Take your pick.