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good afternoon everyone this is kenya rockmon the founder and author of the child support hustle i hope everyone is doing well this afternoon wait and see if we can get people in real quick so i can discuss [Music] what i need to discuss i haven't been on in a while um but i've been posting as much information as i can um i just wrote a blog and i posted it last this week i think about and i went over the reform if we can call it that out of ohio um it's posted now on child support hustle.com i like to get your thoughts on it i don't call it reform they've made a couple of changes reform is a stretch but uh if you'll read it and let me know what you think i would like to get your opinion just because they say they reform something um doesn't necessarily mean that's what it is so let me know what you all think um first off again thank you all for your continued support i know this fight has been long and difficult it doesn't seem like we're sometimes that doesn't seem like we're getting anywhere but we are there's a lot of shared parenting legislation going on i know kentucky just passed legislation for share parenting um jason griffin griffith i hope i just pronounced that correctly it's very instrumental in um getting that bill passed so i know some other states also have done that so there's a lot of um positive uh things happening so please don't give up don't get discouraged this is a multi-billion some would say trillion dollar industry child support family court um the industry so they're not going out without a fight so um don't be too discouraged let's just keep keep going and let's just keep fighting guys um before i get started i want you all to know that the child support hustle team will be at the 13th annual block party for peace uh town hall well we're not having a town hall so block party for peace event in memphis tennessee september 28th through the 30th and there's uh a bunch of events planned it's hosted by state representative antonio parkerson congratulations on his re-election and um the address for the event is 3385 austin p highway in memphis tennessee it's going to be from friday to sunday 10 a.m to 6 p.m we'll be there for sure on saturday if you want to come down and buy a book buy a t-shirt make a donation come down and meet us if you need some information about child support whatever information i can provide you i will be more than happy to do so if you just want to come down and enjoy the festivities please do so um he has a lot of vendors there a lot of uh entertainment there it's kid friendly everything like that so please come on out memphis or if you're in tennessee period and just want to come out and have a good time please come on now uh this rescinding of the doj letter i hey chuck uh i found out that okay let me start from the beginning the doj released a letter under attorney general lynch and was talk they talked the letter talked about the they couldn't use debtors prisons as a means of punishing people you couldn't afford to pay a debt this went further than child support and them locking people up they couldn't pay child support debt suspending licenses hey sean because people couldn't afford to pay the debt this was what all that was in this letter if the letter goes beyond just um punishing poor people um or child support and i wrote uh i did a video about i wrote about it i did a video about it and like a week and a half after i did the video breaking down this letter and um lynch had you know moved on the administration had changed and attorney general sessions was in office so i did a video breaking down this letter and letting people know what they could and couldn't do which is in the constitution uh about a week and a half later december 2017 attorney general sessions resended that letter and i made a video discussing the letter getting him we're sending that letter and of course i wasn't all the one pissed off a lot of people was pissed off but um i discussed that a lot of people know that the information that was in the letter because it went beyond like i said child support there were a lot of case law a lot of constitutional um references in there that people could use if they were being incarcerated or licensed suspended because they couldn't afford to pay well i didn't even revisit that because you know i always reference turner versus rogers and that was when the constitution uh i'm sorry the u.s supreme court um made a decision based on parent a parent who was incarcerated several times for uh non-payment of child support when he couldn't afford to pay so i made the video and i moved on a couple nights ago a gentleman i don't know had emailed me and i just happened to find an email it was in my spam folder and he was asking me to have a copy of the doj letter that was that had been rescinded back in december and i said i did i thought i had a letter because i put copies out i have a i had a hard copy i don't i don't know what happened that was my fault but um i had my video that i made in the video i had made took pictures and put copies up on the video and everything so i had it everywhere and so i went to tell the gentleman that yeah i have um the letters gone they deleted the letter like a day after he was sending the letter but i have this video and in the video i have some references so i went to go find my video and it was gone it was gone off my the internet for one then i looked at my website it was about my website it was going off on facebook it was gone off of youtube just delete it so i looked at my computer to see if i could find a copy of the letter it was gone off my computer yeah the reason that how i have a copy of the letter now is that a friend of mine fellow advocate had a copy on his computer so he sent it to me and that's how i have a copy of it now um yes i was pissed off um violation of my first amendment rights free speech has been violated um my a couple of my computers have crashed since uh since i started the you know the child support hustle and been speaking out against child support the unconstitutional child support system never has um anything like this happen where um something that i put out there has been completely erased from existence so maybe this video will be a race maybe not i don't know but i said i'm gonna put this information out again just because it's so important and again it goes beyond child support um the the war on the poor you know and um we got to speak up for this i don't know any rich people and i've said that before help i'm not rich so if i don't have money get out of jail i'm gonna be stuck there unless somebody's fighting to get me out and that goes without saying so we have to keep fighting guys okay so i'm gonna go over seven points in this letter you can go look at this letter um the references are in the letter um i wrote a blog that's still up i put it in the the uh the description of this of this uh live so number one courts must not incarcerate a person for non-payment of fines or fees without first conducting an agency determination and establishing that the failure to pay was willful so this transfers again over to child support you cannot be incarcerated unless you willfully fail to pay now again this is not we know the system is unconstitutional child support system until while we're fighting to get this system shut down hopefully we get it abolished but in the meantime people are still being incarcerated and having the rights violated so this is in the meantime of while we're fighting so please keep that in mind and if i reference him or he is in this i'm just reading from the letter of course we know that women are too violated in this in this system so i'm just reading from what they say but him i'm saying him and her okay so i'm not disrespecting anybody or or making a gender specific to just men even though we know men in the child support system are uh disproportionately more affected than women we know that okay so the due process and equal protection principles of the 14th amendment prohibit punishing a person for his poverty and that was decided in a 1983 case bearden versus georgia okay so we shouldn't be punished because we're too poor to pay period so him we're sending that uh sessions we're sending that letter doesn't matter this is what matters what's in here what's in the uh that i'm gonna read from this um so in that we had they had to incarcerate indigent people should would deprive probationers because we're talking about people that also have fines for maybe driving without a license or um any kind of fine that has to do with a ticket that someone may have gotten and they can't afford to pay so that's why i'm reiterating that this goes beyond child support this is for any ticket that somebody gets any kind of punishment is that they that's non-violent and they're being punished because they can't afford to pay debt okay i'm sorry uh to incarcerate indigent people with deprived probationers of his conditional freedom simply because through no fault of his own he cannot pay the fine that is illegal and this is another case williams b illinois holding that an indigene defendant could not be imprisoned longer than the statutory maximum for failing to pay his fine so when they're just holding people in prison or in jail because they can't come up with this money and they do this all the time in child support cases have them in prison are in jail because they can't pay the purge amount that's unconstitutional and it's illegal they can't do that and i'm saying they can't do that i know they continue to do that and that's why we gotta keep fighting and if we don't do anything else in this child support system with the reform we have to make them stop and end incarcerating people that can't afford to pay that has got to stop before i think before anything else we have to end that okay uh next part of this number one we're still on number one the supreme court held that the internal versus rogers now this is in the letter um that a court violates due process when it finds a parent in civil contempt and jails the parent for failure to pay child support without first inquiry into the parents ability to pay if they're like uh i posted today michigan did a sweet i think philly philly did a sweet if those people did not that those the arresting officers or the judges did not do a hearing to determine the ability to pay they're violating all those people arrested they're violating the right to due process okay um to comply with this constitutional guarantee state and local courts must inquire as to a person's ability to pay prior to imposing incarceration for non-payment e under beard and that's the case burden versus georgia standards for energy indigency here in queer i'm sorry standards for indigency inquiries must ensure fair and accurate assessments of defendant's ability to pay okay due process requires that such standards include both notice to the defendant that ability to pay ability to pay is a critical issue and a meaningful opportunity for the defendant to be heard on the question of his or her financial circumstances so it doesn't matter all that was just a number one it's all about ability to pay so even though this letter is rescinded that's the information that's in this letter that's why my video was deleted that's why this letter was deleted that's why all this stuff was deleted and that's why i had to say it again because it's that important okay the number two in this letter courts must consider alternatives to incarceration for indigent defendants unable to pay fines and fees when individuals of limited means cannot satisfy their financial obligations bearden requires consideration of alternatives to imprisonment that's those safeguards or probation they have to find some other means to punish somebody and this is outside of the child support system besides putting them in jail if they can't afford to pay a payment plan anything that's not according this letter that's according to case law okay uh these alternatives may include extending the time for payment reducing the debt yeah they can reduce the debt requiring the defendants to attend traffic or public safety classes or imposing community service number three courts must not condition access to the judicial hearing or prepayment of fines on prepayment of fines or fees this means state and local courts deprive indigent defendants of due process and equal protection if they condition access to the courts on payment of fines or fees and this is the case brony versus connecticut holding that due process bar states from conditioning access to compulsory judicial process on the payment of court fees by those unable to pay okay then we got tucker versus city of montgomery this was back in 1976 holding that the conditioning of an appeal on payment of bond violates indigent prisoners equal protection rights and has no place in our heritage of equal justice under law okay i was going to do this in two parts two parts because i know it's a lot of information but it's really not that long was kind of long but it's so important i hope so too ryan hey mary hey t hey ezekiel how's everybody doing i thank y'all for listening to me i was so upset so i said i have to do this just even if they delete it again and i do believe we will get reform i was talking to uh someone has commented on my personal page and said that you know they're discouraged and they don't think well we're going to get reform and i said you know i feel like that too a lot of times i feel like giving up but something like this happens and it pulls me back in like no you can't give up now so we can't give up now we've come for a long way we've come a long way guys so we just have to keep fighting and keep putting the information out there because i mean we have to it's too important there's too much to lose we have to look at our kids and say what if they were doing this to ours when they grow up and start having kids can you imagine and then and we had the opportunity to do something about it you know i just i i can't i can't um so okay so number four courts must provide meaningful notice and inappropriate cases counsel counsel when enforcing fines and fees now this is a big one because they address this and turner versus rogers and they tried well they they didn't officially say that there's that they are required to provide a lawyer however on the back end they're supposed to provide a lawyer whatever incarceration is a possible punishment whether the crime is criminal or simple if a person can go to jail they are supposed to have a lawyer represent them and i'm going to tell you i'm going to tell you in this in elementary and fundamental requirement of due process in any proceeding which is to be according accorded fund finality is notice reasonably calculated under all the circumstances and i know this is a lot because i this is i'm not i'm no lawyer you guys know that i'm just an advocate so um i'm just reading this word for word uh notice we under the circumstances to uh a prize interested parties of the tendency of the action and afford them the opportunity to present their objections okay as far as turner versus rogers discussing the importance of notice and proceeding to enforce a child support order it states in part that the supreme court indicated that non-custodial parents charged civil contempt must be given written notice that ability to pay will be cr a critical issue in the contempt proceeding uh title four a title four d case should include this notice provision in its contempt process for example a statement that the court will consider evidence of ability to pay constitutionality adequate notice must be provided for even the most minor cases you don't have to be on trial for uh murder or anything like that for you to receive notification that's your right they can't just do whatever they want to do and that's what they've been doing and nobody wants to claim jurisdiction and if you make a post or put it somewhere anywhere else you know make sure please use the hashtag who has jurisdiction because we still want to know they're doing artists locking up and and sweeps on people all across the country without wanting to claim jurisdiction state says they don't have it uh governor kasich says he doesn't have it um the fed say they don't happen who has it you're illegally illegally arresting people illegally detaining people and don't want to claim jurisdiction um okay courts must ensure defendant's right to counsel in appropriate cases when enforcing fines and fees got a right to a lawyer even though the 14th amendment according to turner v rogers does not automatically require the state to provide counsel at civil contempt proceedings to an indigent non-custodial parent who is subject to a child support order even if that individual faces incarceration but the sixth amendment requires that a defendant be provided the right to counsel in any criminal proceeding resulting in incarceration and indeed forbids imposition of suspended jail sentence on a probationer who has not afforded a right to counsel when originally originally convicted and sentenced now i'm gonna have to get you guys the other part for the uh civil if there is any part if a defendant is facing any incarceration no matter what if it's criminal or civil they have a right to an attorney it's not on here i should have looked it up before i did this but i'm gonna get it to you okay okay you see although there's no automatic right this is part of turner versus roger rogers although there is no automatic right to counsel in civil contempt proceedings for non-payment of child support due process is violated when neither counsel nor adequate alternative procedural safeguards are provided to prevent incarceration for ability to pay so they're not giving you any safeguards safeguards means um something to show you that that you can fill out a uh form to show your expenses and show that you cannot afford to pay the child support office suppose is supposed to provide you that before if they don't give you a hearing to determine your ability to pay before they uh put out an arrest warrant that's why when i say safeguards in my post that's what i'm i'm meaning that's what i'm referring to hi my hi maria hey eric okay so now we are okay courts must not use arrest warrants or license suspensions as a means of coercing coal purchasing the payment of court debts within individuals where individuals have not been afforded constitutionally adequate procedural protections say that three times don't pass the use of arrest warrants as the means of debt collections rather than a response of public safety needs creates unnecessary risks that individuals constitutional rights will be violated warrants must not be issued for failure to pay without providing adequate notice to the defendant a hearing where the defendant's ability to pay is assessed and other basic procedural protections when people are arrested and detained on these warrants the issue is an unconstitutional deprivation of liberty if a defendant's driver's license is suspended because of failure to pay a fine such a suspension may be unlawful if the defendant was deprived of his due process right to establish ability to pay see the repeat ability to pay is repeated constantly you cannot be jailed for not being able to pay a debt that is the debtor's prison outlawed in 1833 why they continue to do this and nobody is saying anything is beyond me and bell versus berson holding that driver's licenses may become essential in the pursuit of a livelihood and thus are not to be taken away without that procedural due process required by the 14th amendment when they take your license away they're depriving you your right to make a livelihood for yourself to get to work to to make a way to live i'm sorry i get frustrated and you guys know i do okay automatic license suspension premise on determinations that fail to comport with bearden and its progeny may violate due process due process rights they violate all the time and that's why i put in the description of this video so i can look up the link so y'all can tell when when your rights are being violated and they say oh well i don't know what you're talking about you can say well here it is right here black and white here's where you're violating my due process rights and start making complaints on them or whoever's violating your rights make a complaint and keep complaining don't just make one complaint complain every day until somebody listens to you and fixes the issue you have rights too just because you might not have any money does not mean you do not have rights okay number six courts must not employ bail or bond practices that cause indigent defendants to remain incarcerated slu solely because they cannot afford to pay for their release back when they did this civil contempt it was as a punishment they often say or they have it written that the the jailed can buy their freedom they hold the keys to the lock to buy their freedom so oh you refuse to um i don't know you are a apartment owner you are owning an apartment building and you don't um i don't know paint the building and it's full of lead you refuse to do it because you don't want to pay for it so you they hold you in contempt until you decide to do it so you are in contempt and you can pay to get out but you refuse to do it you hold the keys with your money to buy your freedom that's what contempt is that's what they that's what the premise of it is for but they've taken it to a whole different level so now they're using it for all these other reasons that is there the reasons are unconstitutional okay any indigent defendants are arrested for i'm sorry when into defendants are arrested for failure to make payments they cannot afford they could be subjected to another independent violation of their rights prolonged attention due to unlawful bail and bond procedures any bail practices that result in i'm sorry result incarceration based on poverty violate the 14th amendment courts must safeguard against unconstitutional practices by court staff and private contractors okay this is important all this is important but this is important because oftentimes in child support cases it's there's the judge does not a judge that decide these cases it's a magistrate or it's an administration personnel uh at the child support office so that's what this number seven is mainly talking about courts must safeguard against unconstitutional practices by court staff and private contractors so okay so in many courts especially the those adjudicate minor and local offenses the judge or magistrate must preside for only a few hours may preside for only a few hours or days per week while most of the business of the court is conducted by clerks or probation officers outside of court sessions while most of the business of the court is conducted by clerks for probation officers outside of court sessions as a result clerks and other court staff and child support officers are sometimes tasked with conducting indigency inquiries determining bond amounts issuing arrester warrants arrest warrants and other critical functions often with only slight review by the judicial officer or no review at all without adequate judicial oversight there is no reliable means of ensuring that these tasks are performed consistent with due process and equal protections there's no oversight and that's the same thing no accountability and that's the same thing with child support payments there's no accountability but with this how are these arrest warrants child support orders all of this how are they even legal when a judge isn't even signing him these are workers these are like welfare case they don't have the authority to sign anything let alone an arrest warrant they don't have the right to suspend your license they're county workers they don't have a right to do anything put you in jail that's ridiculous that's ridiculous we all start calling them one is nonsense a welfare caseworker signing an arrest warrant because you pay you didn't pay something that's what this is equivalent to y'all know that's okay regardless of the size of the docket of the limited or the limited court hours of the court judges must ensure that the law is follow and preserve both the appearance of reality of fairness generating the feeling so important to a popular government and justice has been done and i have a lot of sources for that so that's the gist of what's in the letter that the powers that be don't want you to hear know or see and i appreciate everybody that tuned in of course i'll post it so you can come back and look at if you didn't get to see it live you can come back and look at it um let me see if i can [Music] yes brian they will deprive you your right to travel overseas and the thing about those passports there's no payment plan that you can set up if you want your passport you have to pay whatever you owe in arrears or whatever in full or they won't they won't bargain with you they won't take a payment plan they won't do anything pay it or you can't get your passport back which is a whole other issue especially when you have which we know child support even i don't care how many times people want to argue child support is a welfare recovery program so if the welfare is involved at all when you're paying this money that's who get the government is who gets the money the children don't get the money and as soon as people stop arguing a factor you know feeling some type of way or their pride is groove because child support is welfare they don't want to admit it um they'll understand that they're actually cheating their children and another thing all these supporters and cheerleaders for the child support system with this letter really when i broke it down when it gets broken down it goes beyond child support this goal this is a war on poor people when you can go to jail because you can't afford to pay a fine a fee they can come and kick your door in because you didn't pay a ticket that can that's that's our rights being violated and i i've said this from the beginning they started with child support yes they did but it was going to go beyond that as soon as people said lock them up punish them lock him up take his license do whatever he need to pay his child support as soon as they said that was acceptable in society they were going to come after other people that couldn't pay other government debt and they've even went further than that if you can't pay your credit card debts they're locking you up in some states make no mistake this is way bigger than child support this is about being poor and being punished for it so all the cheerleaders and please don't hit my inbox with all that nonsense i'm just not i'm i'm i'm if you need to know more about what i'm talking about don't go to my website y'all can go look through my post there's lots of ways to find out what i'm talking about i'm not talking about your individual situation i don't know you individually i'm talking about a system that was not designed is not designed and will never be designed for the best interest of children no matter how you say it no matter how you put it no matter how you try to argue the point the system is not designed for the best interest interest of children and the more time that goes by the more people arrested the more people killed the more people that die in jail over a little bit of money somebody just died i didn't get his name i don't think they released his name he was in jail over a a child support debt he would probably still be alive had he not been in jail over a child support debt this should bother everybody whether they have a child support case or not so i'm asking everybody share this video and contact attorney general sessions the white house the senate congress your local representatives and ask them why did you why did you send this letter this letter is important why aren't you doing more who has jurisdiction why are you still arresting people if they can't afford to pay child support debt when are y'all going to reform the system there's so there's so much that needs to be done and we have to keep fighting if not for our generation for our kids generation for sure i know y'all want your kids going through this i showed on my mind so thanks for listening i know that was long and some of the words i even struggled with but um let's keep fighting y'all and i hope i see you in memphis and uh if you have any questions comments but watch the comments please please try not to offend anybody because y'all don't have to hear about it i do and come on um but this is a personal issue i i get it i'm just saying i'm the one that has to hear about it and i'm just going to start blocking people because i you know we up here trying to do something about the system and um like i said it's not personal i don't know you personally this is about a violation of our civil rights our constitutional rights and um we're tired of it and um if you need to get in touch with myself or anybody in the movement you can leave an email at either dm us here or you can reach me at contact the child support hustle dot com you can um oh don't forget to sign our petition you can find it at the child support hospital.com um please share this video before it's deleted off the internet and our social media sites as it has been once but somebody on here on our facebook page said must be doing something right if they did that so let's keep going um hopefully i'll see you in memphis and what else did i have to say oh if you want to make a donation or buy a t-shirt or a book you can do all that at the child support hustle.com i have the child support hustle available as an ebook on amazon um you can also get that at the child support hustle.com our petition is available there everything is available there we're on instagram twitter so there's all kinds of ways to contact us if you want us to visit your city or state let me know we can come out um i'm not we're not going to personally do any more town halls uh just because it's too hard to organize in different states and as you all know i'm in texas um and my team is scattered across the country and it's just too much work to not have somebody there on the ground so but if you want us to come to your or to your uh event just let you know let us know ahead of time and maybe we could set something up um other than that that's about it for me thank you for your time and thanks for listening to me thank you brian thank you brian for sharing that was in south carolina that was uh walter walter scott and he was running because he thought he was going to be arrested for a child support dead and that cop shot him in the back he got 20 years i think yeah so if there's nothing else i appreciate you all keep fighting remember they can ignore one they can ignore hundreds but they cannot ignore thousands let's go