Lary Holland: Official Blog, Links, and Resources

Mike Mastracci, Esq. and Lary Holland bring a FREE six-week educational seminar to the public, mediators, psychologists, lawyers, and judges on "The Collaborative Law Practice."

We would like YOUR help in raising awareness that an adversarial court system is not healthy for our future generation. Will you HELP? Do you have Suggestions? Tell your local judges, mediators, mental health professionals, and parents that there is an alternative that is good for parents, children, and the community.

Baltimore, MD. Attorney Mike Mastracci has said it thousands of times, "Stop Fighting Over the Kids: Resolving Day-to-Day Custody Conflict in Divorce Situations" and it is sound advice that has many attorneys scratching their heads at the simplicity of it all. With the help of Lary Holland, Host and Producer of Get Your Justice Live™, Mike Mastracci is able to deliver a message that just might save thousands of kids, judges, and professionals from being forced into the middle of heated courtroom proceedings between separating parents that have children.

Advocating the use of a technique known as the "Collaborative Law Practice" and in connection with Get Your Justice Live™, Attorney and Author Mike Mastracci has assembled a 6-week course for mediators, psychologists, lawyers, judges, and parents to come together and examine peaceful alternatives to the adversarial court room duals that often occur during child custody proceedings.

In an effort to save children from the perils of high-conflict divorce and adversarial child-custody proceedings, this six-week online forum will be provided free of charge. To sign up, simply visit http://www.getyourjusticelive.com/saveourkids by 8:00PM on April 28, 2009 and you will receive your personalized log on information for the seminar. Interested individuals and organizations will be able to participate through the computer or the telephone every Tuesday night at 8PM EST beginning on April 28, 2009 and each of the six programs will be archived and accessible free of charge.

Mike Mastracci was admitted to the Maryland State Bar in 1989 after graduating with a Juris Doctorate from the University of Baltimore. Mike also released a resourceful book called STOP Fighting Over the Kids: Resolving Day-to-Day Custody Conflict in Divorce Situations in March 2009, available through Amazon.Com. Mike is also the creator of the popular blog Divorce Without Dishonor ® at http://www.divorcewithoutdishonor.com that includes useful articles, links and resources related to divorce and child access issues.

Lary Holland is Host and Producer of the online and interactive talk show Get Your Justice Live, which focuses on reforming the judiciary and making sure that government, is more accountable. For more information about the show, you can visit the official show website at http://www.getyourjusticelive.com/

Lawyer Note:

Our First Week SAVE OUR KIDS SEMINAR:

We will be providing overviews of how the Collaborative Law Practice works, its positive effects on children and families, and information about the growing Collaborative Law groups. Lary Holland and Mike Mastracci, Esq. will be joined by nationally known Ron Ousky, Esq.

Call In on Tuesdays beginning April 28, 2009 from Any Cell Phone or Landline: 724-444-7444 Enter Talk Cast Id: 39517 Use Pin 1+#

About Ron Ousky, Esq.

"Ron Ousky, Collaborative Attorney,Mediator, and Author, is one of the pioneers in Collaborative Practice and has served as President of the first Collaborative Law group in the world. He is also an international leader in the Collaborative Law movement, serving as a board member of the International Association of Collaborative Professionals and as co-chair of the International Public Education Committee. Ron is the founder of DivorceChoice.com and Family Matters, Ltd. and is a trainer, lecturer and author in the area of Collaborative Practice. Ron has been recognized as a Super Lawyer by Minneapolis Magazine and has been selected as one of Minnesota's top 40 professionals in the areas of alternate dispute resolution."

A recent newspaper article caught my attention coming out of Florida. $28M in Child Support Payments Go Untouched in Florida (AVVO.COM April 20, 2009) claimed that "According to a report from the Orlando Sentinel, the state of Florida is holding onto $28 million in child support payments because it can't figure out which parents should receive the money."

The part that gets interesting is that more than $5 million of the money has been sitting there for five years or more. When I read that, I decided to look further into the State's laws pertaining to "unclaimed funds" and what the state does to regarding "proceedings to recover escheated property." The laws in Florida are stated under Chapter 716 of the Florida Code, entitled "Escheats."

Basically the State of Florida is going to be able to make at least $5,000,000.00 for being inept at distributing child support. The appropriate law dealing with Escheat (transfer to the state budget) is 716.02 and states:

716.02  Escheat of funds in the possession of federal agencies.--All property within the provisions of subsections (1), (2), (3), (4) and (5), are declared to have escheated, or to escheat, including all principal and interest accruing thereon, and to have become the property of the state.

(1)  All money or other property which has remained in, or has been deposited in the custody of, or under the control of, any court of the United States, in and for any district within this state, or which has been deposited with and is in the custody of any depository, registry, clerk or other officer of such court, or the United States treasury, which money or other property the rightful owner or owners thereof, either:

(a)  Has been unknown for a period of 5 or more consecutive years; or,

(b)  Has died, without having disposed thereof, and without having left heirs, next of kin or distributees, or

(c)  Has made no demand for such money or other property for 5 years;
are declared to have escheated, or to escheat, together with all interest accrued thereon, and to have become the property of the state.

So if someone is unable to bring the proper action under 716.07 of the Florida Code within 5 years, their claim will be forever barred and the money will become the property of the state, rather than the property of the children or returned back to whoever it was originally taken from.

716.07(1) Recovery of escheated property by claimant. Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer under this chapter, shall, within 5 years from the date of receipt of such property, funds, or money, file a verified claim with the Chief Financial Officer, setting forth the facts upon which such party claims to be entitled to recover such money or property. All claims made for recovery of property, funds, or money, not filed within 5 years from the date that such property, funds, or money is received by the Chief Financial Officer, shall be forever barred, and the Chief Financial Officer shall be without power to consider or determine any claims so made by any claimant after 5 years from the date that the property, funds, or money was received by the Chief Financial Officer.

The original article didn't raise any of the points about the state being able reward itself for getting away with failure to distribute money that it collected from one parent in the State's Title IV-D program. One has to ask the question on why the money is not returned to the person that paid in at the end of the 5-year period and why the State gets to tack on fees, keep the money, and otherwise benefit from doing a poor job.

Since the nationalization of the federal/state child support programs throughout the United States it has become well-known for failing the taxpayers and their clients on a variety of levels. This week, in child support enforcement headlines, two separate verified sources reported that in Maryland a Child Support Worker Pled guilty to theft. What could a child support worker steal?

A Baltimore County judge has sentenced a county child support enforcement worker to 10 years in prison for stealing child support checks.

The [circuit court] plea says from 1998 to 2005 [Keith] Hibbs used Child Support Enforcement Administration computers to change the names on 112 child-support checks so that the money would be made payable to his wife.

The articles appeared through AP Sources on both the WJZ.COM and WMTD.COM websites in Maryland. An important point is that these stories appear locally, despite being national in scope and almost completely subsidized through federal taxpayer funds.

As we reported last week, on April 3, 2009, in the article Former Child Support Services Employee Arrested! Selling Confidential Records, we demonstrated a severe lack of accountability in the entire nationalized child support enforcement program. The lack of accountability and over-participation of the program has ripened the playing field for mass identity theft, bribery schemes, outright theft/embezzlement from various child support funds, and widespread fraud. Don't take our word for it, just take a look at this growing list:

Former Child Support Services Employee Arrested! Selling Confidential Records ~ "Tennessee Bureau of Investigation agents arrested 27-year-old Steven K. Gilmore on Wednesday after he sold the information [names, social security numbers, and other personal information] to an undercover TBI agent for $2,800."

Fort Bend Woman Guilty in Child Support Fraud Ring ~ "Fort Bend County jury has found 42-year-old Debra Hodge guilty of engaging in organized criminal activity for her part in bilking over $40,000 in fraudulent child support from the Texas Attorney General's Office."

Child Support Worker Arrested in Bribery Scheme ~ "ORLANDO, Fla. -- A former employee of the Department of Revenue's Child Support Enforcement program was arrested Thursday on bribery charges."(Local6.Com "Child Support Worker Arrested In Bribery Scheme" March 8, 2007)

Title IV-D Employee Embezzles Quarter of Million in Child Support Enforcement Money ~ "A Natomas woman stands accused of bilking the state Department of Child Support Services of more than $250,000, turning her procurement job into a means of buying a Lexus, hot tub and big-screen television, among other things."

The Weekly Standard Indicts CSE Title IV-D Welfare Program ~ "There is mounting evidence that the system now encourages marital breakup and exacerbates fatherlessness by creating a winner-take-all game, where the losing parent--commonly a father wanting to save the marriage--is unfairly penalized by the loss of his children and by a federally enforced child support obligation."

Federal Child Support Enforcement Program Makes Little "Cents" to the Taxpayer ~ "So the man, named Michael Eugene Lamb, is going into prison at the age of 49, sitting there on a federal conviction, and coming out sometime when he is almost 51 years old. The federal system will charge the taxpayers for his 1.5 year confinement at a cost between $30,000.00 to $50,000.00 depending on the facility and not including any health issues of theconfined."

Child Support Clerk Charged With Embezzlement: More Government Corruption ~ "Another
County employee, this one in Lauderdale County, has been indicted by a grand jury on felony embezzlement charges for allegedly stealing more than $216,000.00 of program money, paid for by taxpayers, by writing unauthorized checks to herself from January 2002 through April of 2007. This employee was released on a $10,000.00 bond, which no doubt was probably a drop in the bucket considering she has already been sitting on the $216,000.00 plus her lush salary."

Two Main Media Outlets Reprot More Thieving Title IV-D/CSE Employees ~ "Two separate reports have come out about a Maine Child Support Enforcement Worker (Title IV-D Employee) that has been stealing money orders from children the agency touts to protect. This most recent employee, who is now on administrative leave pending investigation, was reported as intercepting money orders and depositing them in her personal bank account."

Mounting Accountability Problems With Child Support Programs: Data Stolen ~ "Yuba County scrambled this week to contact 70,000 people whose names and personal information were on a laptop computer stolen from the new Child Support Services office in Linda. County officials said the stolen laptop contained Social Security numbers, birth dates, driver’s license numbers and other private information on 70,000 people+."

Identity Theft: Opt Out of Family Court Services Before it Happens to YOU! ~ "...customers in at least three states have already experienced serious breaches in their personal information, including social security numbers being compromised and potentially handed over to hackers that might want to steal identities in the last few months alone."

Reigning in the Title IV-D program is good for our tax-payers, good for our parents, and most of all… good for our children.

Michigan Representative Brian Calley (R-Portland) announced today on Get Your Justice Live that he is to introduce a new bill to protect parent-child relationships.The bill, if passed after its upcoming introduction, will establish a presumption that a child would be able to maintain a substantially equal relationship with both their parents after separation, divorce, etc. This presumption would make exceptions for parents convicted of domestic violence or if the court determines by clear and convincing evidence that a parent is unfit, unwilling, or unable to care for the child. This presumption would not apply where a parent moves away and that move-away would interfere with the school schedule for the child.

Michigan Representative Brian Calley suggests “that so many of the problems that we face, be it in criminal justice system, economy, the education system, and so forth can be traced back, those are all symptoms to problems that really start much earlier in life with the breakdown of the family.” I asked the Representative if bringing children under rule of two parents will improve the economy, he certainly agreed and discussed how he thought it would help in the long-term.

To listen Michigan Representative Brian Calley and his positions in the Interview: Visit here!

I have to commend WZTV in Nashville Tennessee for bringing this story forward. Former Child Support Services Employee Arrested (Source: Former child support services employee arrested; www.wztv.com; April 02, 2009) That's right, another child support services employee arrested for allegedly stealing AND selling confidential child support records.

I guess the going rate for stolen names, social security numbers, and what ever else private information is located in these child support enforcement program computer systems are just under a $1.50 per name. But how much damage has really been done, especially since we are dealing with a largely unaccountable group of state, county, and private agencies that are being granted wide-spread access to extremely personal information with very little safeguards implemented?

NASHVILLE, Tenn. (AP) -- A Nashville man is facing charges that he tried to sell 1,600 stolen names, Social Security numbers and bank account numbers.

Tennessee Bureau of Investigation agents arrested 27-year-old Steven K. Gilmore on Wednesday after he sold the information to an undercover TBI agent for $2,800.

This wasn't the first time this individual has allegedly sold confidential information from the Child Support Enforcement databases, and certainly not the first story of corruption on the State Child Support Enforcement programs.

Gilmore had access to the information through his former employer, a private company that contracts with the state Department of Human Services to provide child support services.

A federal criminal complaint against Gilmore says the U.S. Secret Service and TBI are investigating Gilmore and that he has sold such information before.

Over the past several years we have noticed a climate ripe for embezzlement, identity theft, invasion of privacy, and more. Just this year the Federal government removed some protections to the taxpayer to stop the continuous growth of these agencies. The reversal of the tax payer protection policy that was originally implemented under the Budget Deficity Reduction Act of 2005, paves the way for more disastrous consquences for taxpayers.

Just in June 2008, Delaware Child Support Program Employees were caught stealing from taxpayers and the children. Just over a year ago, we demonstrated how Theft was Running Rampid in State Child Support Programs. The widespread lack of accountability in these programs continues, without sufficiently limiting access to private data and ensuring digital fingerprints are placed on all data in the various systems nationwide, there will continue to be fraud on the taxpayers and the participants of Child Support Enforcement programs.

The Child Support Enforcement program continues to be plagued over the past several years of documented fraud, identity theft, embezzlement, bribery schemes, and more. Just take a look at the snapshot below, and know that this is hardly a comprehensive look at the problems that exist throughout the nation with this "free for all welfare program."

Fort Bend Woman Guilty in Child Support Fraud Ring ~ "Fort Bend County jury has found 42-year-old Debra Hodge guilty of engaging in organized criminal activity for her part in bilking over $40,000 in fraudulent child support from the Texas Attorney General's Office."

Child Support Worker Arrested in Bribery Scheme ~ "ORLANDO, Fla. -- A former employee of the Department of Revenue's Child Support Enforcement program was arrested Thursday on bribery charges." (Local6.Com "Child Support Worker Arrested In Bribery Scheme" March 8, 2007)

Title IV-D Employee Embezzles Quarter of Million in Child Support Enforcement Money ~ "A Natomas woman stands accused of bilking the state Department of Child Support Services of more than $250,000, turning her procurement job into a means of buying a Lexus, hot tub and big-screen television, among other things."

The Weekly Standard Indicts CSE Title IV-D Welfare Program ~ "There is mounting evidence that the system now encourages marital breakup and exacerbates fatherlessness by creating a winner-take-all game, where the losing parent--commonly a father wanting to save the marriage--is unfairly penalized by the loss of his children and by a federally enforced child support obligation."

Federal Child Support Enforcement Program Makes Little "Cents" to the Taxpayer ~ "So the man, named Michael Eugene Lamb, is going into prison at the age of 49, sitting there on a federal conviction, and coming out sometime when he is almost 51 years old. The federal system will charge the taxpayers for his 1.5 year confinement at a cost between $30,000.00 to $50,000.00 depending on the facility and not including any health issues of the confined."

Child Support Clerk Charged With Embezzlement: More Government Corruption ~ "Another County employee, this one in Lauderdale County, has been indicted by a grand jury on felony embezzlement charges for allegedly stealing more than $216,000.00 of program money, paid for by taxpayers, by writing unauthorized checks to herself from January 2002 through April of 2007. This employee was released on a $10,000.00 bond, which no doubt was probably a drop in the bucket considering she has already been sitting on the $216,000.00 plus her lush salary."

Two Main Media Outlets Reprot More Thieving Title IV-D/CSE Employees ~ "Two separate reports have come out about a Maine Child Support Enforcement Worker (Title IV-D Employee) that has been stealing money orders from children the agency touts to protect. This most recent employee, who is now on administrative leave pending investigation, was reported as intercepting money orders and depositing them in her personal bank account."

Mounting Accountability Problems With Child Support Programs: Data Stolen ~ "Yuba County scrambled this week to contact 70,000 people whose names and personal information were on a laptop computer stolen from the new Child Support Services office in Linda. County officials said the stolen laptop contained Social Security numbers, birth dates, driver’s license numbers and other private information on 70,000 people+."

Identity Theft: Opt Out of Family Court Services Before it Happens to YOU! ~ "...customers in at least three states have already experienced serious breaches in their personal information, including social security numbers being compromised and potentially handed over to hackers that might want to steal identities in the last few months alone."

Implementing more data safeguards, limiting the size and scope of the the Federal and State Child Support Enforcement programs, tightening controls on confidential records, and more needs to be done to protect the taxpayer. We need to reign in the program and make sure it serves the purpose of real needy families rather than as a data harvesting tool for the federal and state governments on nearly every divorcing couple in the United States.

Lary Holland is Host and Producer of the popular online talk show, "Get Your Justice Live" with current content from Legislators, Decision-Makers, Professionals, and parents on government accountability, necessary judicial reforms, and more. Get Your Justice Live broadcasts live every Wednesday and Sunday Night at 8PM EST. Visit the website for more information.

This afternoon at 3:00PM (EDT), Representative Pete Hoekstra (MI) and Senator Jim DeMint (SC) held a joint press conference at Upper Senate Park, at the exact location of last years, DC FAMILY PRESERVATION FESTIVAL, next to the Russell Office Building in Washington, D.C., to announce the introduction of the Parental Rights Amendment in both houses of Congress. If you see clips of news on this, please send them to me as soon as possible at laryholland@sbcglobal.net. Congressman Hoekstra's office will also be releasing video, audio, and pictures through their new site listed below.

It is official, we have a Joint Resolution Number of 42. When speaking to Senators and Representatives you may now refer to the Parental Rights Amendment as House Joint Res. 42 or HJR-42.

Be sure to check out the new website sponsored by US Congressman Pete Hoekstra! http://www.parentsrights.us