January 30, 1998

Senator Trent Lott

SR-487

WASHINGTON, DC 20510

Dear Senator Lott,

It was with great interest and optimism that I listened to your response to the President's State of the Union message. Your emphasis on family, government accountability and individual freedom was especially encouraging. I would like to highlight 2 major issues that weren't mentioned - ones that I hope are included in "at least a dozen other important subjects."

The United States has over 20 Million non-custodial parents (65 Million children) [1]. Each year, 2 Million more children will either experience divorce or unwed motherhood [2]. Child Support and Custody are two issues that directly affect the family and dramatically affect teen crime, drug use, pregnancies and academic performance. Starting in 1975, Congress enacted legislation and things have gotten worse, not better. A complete overhaul of Custody and Child Support is urgently needed. Let's compare your response (in italics) with ours:

"The first priority of your representatives in Washington must be to fight for the interests of the American family. That's why one of the first things we'll tackle is REAL reform of the IRS."

"...the only way to limit government and expand individual freedom is to eliminate the IRS as we know it today."

"It... is... morally wrong for a free people to live in fear of any government agency."

Last Fall, the Republicans did an excellent job at exposing a completely out-of-control government agency that was ignoring citizen's Constitutional Rights. I look forward to IRS reform, but quite frankly, their behavior pales in comparison with that of HHS, State and County governments - especially District Attorney's offices. Non-custodial parents are routinely criminalized and abused by government agencies, who claim to be doing this "for the children." These agencies are legalizing, legitimizing and encouraging family dissolution. You can dissolve a marriage, but you cannot dissolve a family - yet the government has spends billions of taxpayer's dollars every year keeping families apart and fostering teen crime.

"The typical family pays more than 38 percent of its income in taxes."

The typical non-custodial parent pays 20% support for one child, which is not tax-deductible for them and not taxable to the custodial parent. So your average non-custodial parent has over 58% of their income taken from them with no recourse.

"The President seems to think that Big Government can solve all your children's problems if you will just give government more of your money - and more control over your lives. Nonsense!"

This is at the heart of Child Support and Custody - money solves all problems - according to HHS and DA's. This would mean if you're born into poverty, you have no hope of ever succeeding - so why work? And if you're born into wealth, your childhood is a guaranteed success. Yet violent youth crime is increasing at triple digit rates, while the overall crime rate is decreasing. What's missing? Two parents - and our laws go to great lengths to deny the child access to one parent.

People were outraged to learn IRS agents were working on commission. States and DA's are also working on a commission basis for the child support collections. Just yesterday, Rep. Shaw held hearings because States wanted to get their automated child support collections commission even though they missed their deadline. Non-custodial parents get thrown in jail for that - can you give me a reason why we shouldn't throw these state officials in jail for missing their responsibilities?

"So our focus in 1998 ... making government more accountable for the way it spends your money."

Courts prohibit asking for proof that child support was actually spent on the child. Why is this illegal? Talk about ripe for abuse - you don't have to show where the money went and you've got a legal guarantee that no one can ever ask (and if they did ask, you're not required to keep records).

"It... is... morally wrong for citizens in a democracy to be presumed guilty until proven innocent."

Every day non-custodial parents are guilty until proven innocent - as evidenced by County and State "Most Wanted" child support postings. Custodial parents are free to move to different states and complain that they are not getting paid child support, child support systems are full of errors - but the non-custodial parent instantly becomes a criminal.

In custody hearings, if either parent objects to joint custody, the burden of proof is placed on the parent that wants to spend time with the kids! Another example of government promoting family disintegration.

"But IRS reform alone isn't enough. The real problem lies with the tax code itself. It is too long... It is too complicated... It is simply unfair. It punishes achievement... It discourages work... savings... and innovation."

A perfect analogy to Family Law - that's why reform isn't enough. A complete overhaul is required. It requires excessive legal fees, court-order psychological exams, awards unreasonably high support orders and then makes the "loser" (non-custodial parent) pay everything. And if the non-custodial parent takes a second or third job - DA's encourage the custodial parent to ask the court to increase the support order - talk about discouraging work and personal responsibility!

"First and foremost, cut the tax burdens on the American family. Don't force both parents to work, and work longer hours, when they could have more time at home with their kids."

This is inconsistent with HHS and Congressional policy which is raising fines, setting tougher penalties and revoking driver's licenses which guarantee the non-custodial parent will not only lose their job and means of paying support, but now cannot spend time with their child(ren).

"We're taking this common-sense approach because, as parents and grandparents ourselves, we've learned it takes parents,

and parental choice, to raise a child in today's world"

No you haven't.

"We... intend... to... make... government accountable, From the classrooms to the courts."

We intend to make the government liable for ruining people's lives. Courts make life-altering decisions with no accountability or training. All Judges' and Commissioners' cases and decisions should be posted on the Internet so the public can easily monitor their actions and hold them accountable. Appointments should have term limits. Recall procedures should be clear.

"It's a question of whether we will learn from past mistakes, in order to restore the great institutions... and the cherished values -- family, faith, and freedom..."

After 23 years of failed family policy - has Congress learned? Based on current legislation (S 1371, H CON RES 182, HR 2487, S 1074, S 1075 and others) - it's clear they haven't.

"The reason is that Americans, we the people, have been willing to sacrifice everything to protect our families, to practice our

faith, and to defend our freedom."

And you'll find ANCPR organizing non-custodial parents, second wives and grandparent voters, monitoring politicians and informing taxpayers of how their money is really being used and the effects it's having on society.

Sincerely,

John Smith

John Smith,

ANCPR

P.O. Box 80438

Goleta, CA 93118-0438

www.ancpr.org

[1] Minority Report and Policy Recommendations of The United States Commission on Child & Family Welfare, John Guidubaldi, D.Ed., L.P., L.P.C.C., July 1996

[2] Minority Report and Policy Recommendations of The United States Commission on Child & Family Welfare, Bill Harrington, President, The American Fathers Alliance

AN OPEN LETTER TO SENATOR TRENT LOTT AND CONGRESS