Can You Appeal a Child Support Case to Federal Court

[justice4jayden]

My question involves civil rights in the State of: Delaware

This is a child support issue. I've already exhausted the appeal process in Delaware Family Court (Child Support hearing; Review of a Commissioner's Order; Appeal in Supreme Court of Delaware). My question is, unlike an appeal to the Delaware Supreme Court, which requires no new questions be raised, is it possible to raise new questions when filing in Federal Court that were not raised in my previous petitions/appeals? The questions/issues raised would be regarding Federal Law (Rebuttable Presumption in Child Support Guidelines) and Constitutional Issues (Invasion of Privacy), but I failed to raise these issues in my first petition for review of the child support order.

Thank you, for any assistance.

[Mr. Knowitall]

If you did not raise any federal issues in your prior litigation or appeals, you haven't preserved any federal issues for review. Sometimes a court will review based upon a federal constitutional issue even though it was not properly raised or preserved, assuming a sufficiently compelling right is implicated, but it's not clear that you have even identified a constitutional issue a federal court might address.

What federal constitutional questions do you believe to be implicated by "Rebuttable Presumption in Child Support Guidelines" or "Invasion of Privacy"? What's the factual context?

[justice4jayden]

If you did not raise any federal issues in your prior litigation or appeals, you haven't preserved any federal issues for review. Sometimes a court will review based upon a federal constitutional issue even though it was not properly raised or preserved, assuming a sufficiently compelling right is implicated, but it's not clear that you have even identified a constitutional issue a federal court might address.

What federal constitutional questions do you believe to be implicated by "Rebuttable Presumption in Child Support Guidelines" or "Invasion of Privacy"? What's the factual context?

First, thank you for your response.

The 1st Federal issue would be the fact that the "Other Child(ren)" credit, which is part of the Melson Formula (Delaware Child Support Calculation), is required by statute and, therefore, does not constitute a rebuttable presumption, in violation of Federal law (42 USC). In prior litigation, upon challenge to the application of this credit, the court asserted that a Delaware statute "imposed on a Commissioner a legal obligation" to apply the credit to my son's mother in consideration for her financial obligation to support prior-born children. My son's mother and I have joint custody and shared (50/50) placement, and without the credit, I would owe no child support to her. So, in essence, the burden of the support of her other, prior-born, children, is passed to me.

The second issue is that of invasion of privacy (violation of substantive due process and right to privacy/Governmental interference on family and child rearing issues)--the right of a parent to determine the upbringing of their own child(ren). In short, my son's mother is a welfare mother who does not work or want to work, yet has 7 children by numerous fathers, our son in common being the youngest. My issue is that any money that I give to her will not be spent on my son, and so, I should be able to determine how my own money is spent, both in my own regard, and with respect to my son.

As an example: if I pay $3,000 per year ($250 per month), it will be squandered by my son's mother, whose life's ambition is to never work (she last worked in 2000, age 20, before the birth of her first child, and she is now 32 and on TANF, MEDICAID, SNAP. However, if I was in charge of my own money, I could put that $3,000 per year into a college fund for our son, who is now 3, which would amount to $45,000 by the time he is 18. I personally see the issue as a violation of child rights (my son is being robbed of his birthright, inheritance and future), but court's also hold that in child support cases, a parent does not have standing on behalf of their own child to bring such litigation.

If you need any more info, please let me know, and thank you, again, for your assistance.

[Dogmatique]

You have no "right" to determine how child support is spent nor does your child have the "right" to do the same. Don't even try that - you'll be laughed out of court. Your child also has no inherent right to a college fund or even a college education. "Birthright" = non-existent.

You need to understand what child support is and what it isn't.

[justice4jayden]

You have no "right" to determine how child support is spent nor does your child have the "right" to do the same. Don't even try that - you'll be laughed out of court. Your child also has no inherent right to a college fund or even a college education. "Birthright" = non-existent.

You need to understand what child support is and what it isn't.

Although I appreciate your feedback, it is that kind of attitude that allows Government to grow larger and more powerful, controlling more and more of our lives, without (according to you) legal recourse. Obviously, I am challenging the law. That IS my right. And that is my duty as a parent and citizen, when the law conflicts with the interests of my child and/or society.

On the other hand, the apathetic attitude that you have expressed is the reason why such oppressive and harmful laws and corrupt Governmental cultures exist and are perpetuated. I hope to teach my son, when he is old enough to understand, to ask the questions: "if not now, when?" "if not me, who?" If no one fights for children's rights, they will have none, or at best, only those the Government and the Courts give them. But that is the point--who knows better what is in my child's best interest, a parent or the Government? So, yes, I do consider the Government's actions as an invasion of my privacy, thus, an infringement of my Constitutional rights as a parent and private citizen, which by extension is a violation of my child's rights.

Thank you for your opinion. But I do not agree.

If anyone has any additional input regarding my rights with regards to filing in Federal Court, I'd appreciate any insight you might have to offer.

[Dogmatique]

It doesn't matter whether you agree or not.

That's the legal reality you are facing. You can spend all the money you have chasing a wild goose if that's what you want to do - THAT is certainly your right.

[cowboys]

I agree with Dogmatique you have no legal precident to have this heard in federal court. You made the child now support the child.

[justice4jayden]

I agree with Dogmatique you have no legal precident to have this heard in federal court. You made the child now support the child.

Just for the record: I have supported my son since day one. In fact, up until August of last year, I provided 100% of his support, including medical support, all while caring for him 4 days out of 7, all without the court's involvement. But the point is that a child is ENTITLED to, not just worthy of, the support of both of their parents. Unfortunately, as already stated, his mother is on welfare, yet not of necessity, meaning, she has no desire to work, and has never contributed to our son's financial support.

Moreover, the courts only became involved after I filed a protection and no-contact order against her (it expires on 01/21/2013). The reason for the order was because on top of being lazy, she is an unfit mother--our son has been injured in her care and left unattended on many occaisions over the past year (there are other issues I won't address here. She has been reported to CPS (Child Protective Services numerous times, not just by me, but also by her former neighbors (she has also had 9 different residences in the past 3 years). Despite all of this, the court saw fit to grant her joint custody, and ordered me to pay child support. And since that time, she has been found in contempt of the order on 3 separate occaisions.

I asked a legal question, and it has been answered. But for those who have not been through the Family Court system regarding child custody and support, you have no idea what you are talking about when making pronouncements about supporting one's child(ren). The Federal and State standard for all child custody and support awards is supposed to be "best interest of the child." But if you ever get caught up in this system, you will quickly learn that this is not the case.

Thank everyone for your contributions.

[Dogmatique]

(She is not legally unfit - that much is obvious. Be careful - you don't want to be on the wrong end of a defamation suit)

[justice4jayden]

(She is not legally unfit - that much is obvious. Be careful - you don't want to be on the wrong end of a defamation suit)

Yes. Unlike child abuse, neglect is much harder to prove (legally).

You can't be successfully sued for defamation when your claims are demonstrably accurate--I have police, hospital reports and other documents (text msgs, affidavits etc.), audio and video tapes, digital images, etc. I've never made a claim that I cannot support with some type of tangible, admissable evidence. But thank you for your concern.

I suppose, my only option now is to file for a modification for a reduction of support (to zero), and appeal, preserving the intended federal issues, if it is denied. (BTW, I already know required grounds and time requirements for filing a mod in my state).

Thanks, again, for your input.