From R-KIDS of MN and GPF

Contents 1 Pending Family Law Bills 1.1 SF23 1.2 HF460 1.3 No bill # yet 1.4 HF156, SF270 1.5 HF423 1.6 HF461 1.7 SF346 1.8 HF53 1.9 SF487 1.10 SF548 1.11 SF551 1.12 SF11, HF47 1.13 SF553 1.14 SF572 2 Case Law News 2.1 JLJ system Declared Unconstitutional 2.2 Another interesting case 3 Thoughts for the Legislature and for Child Advocates 3.1 Working Homeless Men in the Twin Cities 3.2 Fatherless Boys Grow up Into Dangerous Men 3.3 Domestic Abuse is Usually Initiated by the Woman 4 For more information 4.1 Search For Warren Farrell On The Internet 4.2 Current Trends In Divorce, Subscribe To The Liberator 5 Remember 6 ABOUT R-KIDS OF MINNESOTA 6.1 R-KIDS CONCERNS AND ISSUES 6.2 Give to RKIDS Charitable Fund

Pending Family Law Bills

The following list of pending family law bills was presented and discussed by Tim Theisen at the R-Kids Group meeting on February 18, 1999. Group meetings are held at the Hennepin County Library, Brookdale Branch, 6125 Shingle Creek Parkway, Brooklyn Center. These meetings are at 7:00 PM on the third Thursday of each month.

R-KIDS 1999 Legislative and Case Law Update By Tim Theisen, Esq.

Here is a list of pending family law bills. You can get copies of these bills by calling 651-296-2146, or at http://www.leg.state.mn.us/.

SF23

Revisions of the administrative child support system. This is authored by Senator Leo Foley, an Assistant Anoka County Attorney. It basically creates magistrates instead of ALJ’s who can hear child support matters. It repeals the entire ALJ system. There are a lot of other ideas still floating around, which Foley will consider. We are not aware of any which have been codified as of yet. For instance, one idea is to put the entire ALJ system under the judiciary. There is an ad hoc committee evaluating all these proposals. Something will happen; we’ll just have to keep an eye to make sure that it doesn’t have an adverse effect for noncustodial parents.

HF460

Accounting for child support - A simple idea - child support must be spent on the child. We support this wholeheartedly. The author, Rep. Smith, is now the chair of his committee, so perhaps this perennial idea might move forth, and ensure that child support is not being wasted at casinos, on drugs, or on the custodial parents’ other children. It is possible that the governor would be in support of this, in light of some statements he made during the campaign, but it is not likely to get hearings this year.

No bill # yet

We’ll call it the "Bedrest bill". There is a bill which is likely to be introduced, which will add the following sentence to Minn.Stat. 257.66: "The court may consider the mother’s lost wages as part of the reasonable expenses of the mother’s pregnancy and confinement subject to allocation between the parents." This case is intended to overrule the Court of Appeals’ recent decision in Bunge v. Zachman. http://www.courts.state.mn.us/library/archive/ctappub/9805/c5972058.htm

The problem is that a mother who makes lots of money would get more support than a mother who earns less. Why should the mother high income be the father’s problem? If anything, the fact that an obligee earns a lot should be a relevant factor in making support lower than guidelines.

HF156, SF270

Stay of paternity proceedings During Adoption - The purpose of this is to prevent fathers, who are listed on the - father’s registry, and who in bad faith might try to stall or halt an adoption. (Of course, if the father is the has been adjudicated, he has legal veto rights.)

HF423

Child support Withholding for motor carrier independent contractors - This bill, authored by Sen. Linda Runbeck, would limit the percentage for child support withholding for truck drivers who have to pay for their leased equipment out of their pay.

HF461

Review of support and custody orders - This bill would provide that all divorce orders must be reviewed six months later, to ensure that support is being paid, and that the visitation arrangements are being complied with. Some R-KIDS members thought this might make bad orders non-appealble. This bill is authored by Rep. Smith, who is an ally to R-KIDS.

SF346

Relative ex parte custody (expands conditions where relative can get ex parte custody of a child, when that relative already has custody of a sibling).

HF53

Revision of UCCJA - This is to make Minnesota’s version of the Uniform Child Custody Jurisdiction Act comport with the new revised uniform version.

There are several other family law bills, which are not necessarily relevant for noncustodial parents, but are nevertheless listed here.

SF487

Revival of the summary dissolution process (this was accidentally repealed)

SF548

definition of "family" to include life partners

SF551

Short form OFP - allow police to automatically issue an on-the spot Order for Protection when they’ve stopped someone who the "state database" shows has an OFP, but hasn’t been served yet. Part of the short form OFP will order them to go to their local police station and pick up a full copy of the OFP.

SF11, HF47

Civil action for Domestic Abuse - The Minnesota Family Law Section supports this, the State Bar Association is not so keen on the idea. This didn’t make it last year, but it will be back.

SF553

Increases number of judges.

SF572

Increases criminal penalty if child witnesses domestic abuse

Note: The committee deadlines for 1999 are 3/19/99 (bills must pass policy committees in their originating body), 3/31/99 (bills must pass policy committees in both bodies) and 4/16/99 (appropriations bills must pass committees).

Case Law News

JLJ system Declared Unconstitutional

The Minnesota Supreme Court declared the administrative child support system unconstitutional in a decision filed January 28. Here’s the URL: http://www.courts.state.mn.us/library/archive/supct/9901/c797926.htm

The Court declared that the system violates the Separation of Powers clause, by granting too much power to ALJ’s, who are executive branch employees, not overseen by district court judges. Interestingly, one of the court/s big problems was the fact that the child support officer’s are given a virtual license to practice law, without being accountable to anyone for having to comply with the ethical obligations with which other officers of the court (i.e. attorneys) must comply. The decision does not overrule previous decisions of ALJ/s and it will not take effect for a couple months, so the legislature can change the system. Nevertheless, if you had a bad decision by an ALJ, you might consider trying to convince a district court judge that the ALJ didn’t know what she was doing. (I say "she," because every ALJ who I have ever encountered has been a woman, with the exception of one male ALJ, who was a former county attorney.) As always, seek your own advice before proceeding. The pending bill to change the ALJ system is: http://www.revisor.leg.state.mn.us/cgi-bin/bldbill.pl?bill=S0023.0&session=ls81

Another interesting case

The court of appeals recently held that a judge can require a child support obligor, who is co-owner of a corporation, can be required to turn over corporate records to the obligee’s attorney. The scary thing about this is that the court of appeals relied on an obscure passage form the custody statute which grants the court inherent power to "make such further order as it deems just and proper" regarding child support. To the best of my knowledge, no previous case has relied on this language from the statute. Presumably, this case now stands for the proposition that judges can do whatever they want, as long as the statutes don’t say they can’t to it. (instead of only doing what the statutes say they can). I spoke with the obligor’s attorney, and he will be appealing this case to the Supreme Court. We might need o have this statute clarified. The URL is: http://www.courts.state.mn.us/library/archive/ctappub/9901/c3980903.htm

Thoughts for the Legislature and for Child Advocates

Working Homeless Men in the Twin Cities

Tony Jackson reports that most of the working homeless men at the St. Paul Union Gospel Mission are victims of domestic expulsion from their homes. These men can sleep in bunks or mats on the floor. They can’t afford $6.00 for a room at the Salvation Army, or $4.50 for Dormitory 3. (Pardon me: Who is in poverty?) [Mpls Star Tribune, Feb 26, 1999, page A1].

Fatherless Boys Grow up Into Dangerous Men

Research data was taken from the National Longitudinal Survey of Youth. Center for Human Resource Research, Ohio State University, Columbus, Ohio. Data covers a large number of people from childhood through middle age. Some of the results are summarized in the articles: · Boys raised by mothers are twice as likely to as boys from intact families to end up jailed. · Boys raised by fathers are no more likely than boys from intact families to end up jailed. · Child support made no difference in the likelihood a boy will grow up to be a criminal. · Boys living in stepparent families were almost 3 times as likely to face incarceration as other boys The authors state that fathers teach their son’s lessons about what it means to be a man. The likelihood lessens that they will define their masculinity in terms of rebellion and antisocial aggression. [The Liberator, (Forest Lake MN) Jan/Feb 1999, page 5 and by the Wall Street Journal, Dec 1, 1998]

Domestic Abuse is Usually Initiated by the Woman

In a sample survey conducted by Warren Farrell, 60% of the women admitted hitting first, but 90% of the men stated that the women had hit first. Further, women are more likely to use a weapon against a man - such as a frying pan, baseball bat or whatever she can lay her hands on. [Mpls Star Tribune (Ann Landers) April 18, 1997, page E18 and USA Today June 1994].

For more information

Search For Warren Farrell On The Internet

One report stated women are more violent because there is no penalty for a women. In another report, one victim interviewed was former boxer Paul Cord, beaten by his wife during their five year marriage.

In Canada, Killing of Husbands by Wives is Legal. In Canada, a mere claim of spousal abuse, is an absolute defense in homicide trials. The Supreme Court of Canada has so ruled. [The Liberator (Forest Lake MN) Jan/Feb 1999, page 5].

Current Trends In Divorce, Subscribe To The Liberator

Men’s Defense Association 
17854 Lyons Street 
Forest Lake, MN  55025-8107 

Cost $24.00 per year, published every two months. This is an international publication that contains facts and observations from around the world. It is a good publication for non-custodial parents.

Remember

1. Find out your House and Senate District, and the names of your Representative and Senator are by calling (651) 296-2146. (Senate districts have the same number as the house, but do not have the letter suffix.).
2. Call for a free Legislative Directory at (651) 296-2146. It contains pictures of all legislators, their addresses, phone numbers, committee assignment and other specific information. A preliminary draft is available about Dec 1 after an election. The final draft is available about Jan 5, once committee assignments are made.
3. To obtain free copies of bills call: House: (651) 296-2314 Senate (recording) (651) 296-2343.
4. Meet with, call and write to your own Senator and Representative. Keep letters to one page and one issue. Ask for their support on our bills and find out where they stand on our issues. Inform them of bills you would like them to oppose. Use bill number and title.

ABOUT R-KIDS OF MINNESOTA

• R-KIDS is a non-profit organization dedicated to educating law makers, family law professionals and the public with regard to family law and social services and their effects on children, families, and the consequences to the taxpayer.
• Our main concern is for our community of children of divorced, separated, or unwed families. We believe that children need, want and deserve the love, support and involvement of both parents regardless of marital status.
• Founded in 1985, our membership is comprised of both moms and dads, custodial and non-custodial parents, grandparents, stepparents, and professionals such as social workers, doctors, attorneys, and family law practitioners.
• It is the objective of R-KIDS to develop equitable family law legislation in an effort to improve the lives of all Minnesota children.

"ALL CHILDREN NEED BOTH PARENTS AND ALL GRANDPARENTS IN THEIR LIVES"

• Unless those affected by the current family law system voice an opinion and demand positive change, we and our children will continue to suffer. This change will not occur without your help! Legislators and family law professionals need to hear from; parents, grandparents, and constituents. Until they do, things will not change.

R-KIDS CONCERNS AND ISSUES

1. The needs of children to have frequent and meaningful contact with both parents.
2. The lack of effective consequences for denied visitation or parental interference.
3. Consideration of the financial and emotional responsibility of both parents to provide for their children equally.
4. Dissemination of information to the public about current family law issues and the long term consequences for our children, families and the tax payer.
5. The harmful impact of out-of-state or long distance relocation on the parent- child relationship.
6. Fair and equitable sharing of child support responsibilities which takes into consideration the financial needs of children in second families, as well.
7. The negative impact of the adversarial court system and social services upon divorcing families with children.
8. Removal of the myth perpetuated in our judicial and family law professional systems that only mothers are nurturing and fathers are financial providers.
9. Accountability for the use of child support.
10. The impact of the no-fault divorce system on families with children and the need for effective education for parents considering marriage, separation, or divorce.

R-KIDS website is http://www.rkids.org

Do you want to express your viewpoint or share your story in the newsletter? E-mail to ttheisen@bitstream.net, or mail to Tim Theisen, R-KIDS Newsletter Editor, 229 Jackson Street, Suite 105, , Anoka MN 55303. We reserve the right to edit. We will use your name unless asked not to do so. Obviously, viewpoints expressed by readers do not necessarily reflect the position of R-KIDS.

Give to RKIDS Charitable Fund

R-KIDS Charitable fund is a tax exempt, 501(c )(3) foundation. The proceeds WILL NOT BE USED FOR LOBBYING. The fund currently needs money for various charitable activities of benefit to children of divorce. Send your tax deductible donation of $25, $50, or $100 today! Make checks payable to R-KIDS Charitable Fund. Mail to R-KIDS PO Box 24658, Mpls, MN 55424.

This newsletter is distributed via US mail and e-mail. If you are getting it via regular mail, but you have an e-mail address, let us know your e-mail address. Send a note to Editor Tim Theisen, ttheisen@bitstream.net . Not only will you get the newsletter a couple weeks sooner, but you’ll also get certain bulletins between newsletters, and you’ll save us postage costs as well! Also, the e-mail version of the newsletter sometimes has extra articles that didn’t make the editor’s final cut for the print version.

The R-KIDS newsletter does not purport to give legal advice. The information contained herein is general in nature; individual circumstances will always vary.

Feel free to disseminate this newsletter. We want to spread our message!