Fathers' Rights Are Fathers' Duties

State & Govt. - April 20, 2004 Montgomery, Alabama

Noncustodial parents file suit

By Jessica M. Walker
Montgomery Advertiser

The Advisory Committee on Alabama Child Support Guidelines and Enforcement makes recommendations to the state Supreme Court on how to change child support guidelines and the payment schedule. The committee is supposed to convene every four years to make recommendations.

A brick mason and a postal worker have filed a federal lawsuit against the heavyweights of the Alabama court system, claiming that the state's child support advisory committee is operating in secret and unconstitutionally. The two men are members of the committee they are suing.

"Federal law requires them to have public input. Alabama has failed miserably in reviewing the (child support guidelines) according to federal law," said James Blackston, an electronic technician with the U.S. Postal Service.

Blackston and Brad Barber, who is an alternate member of the committee, filed suit last week against Gorman Houston, the acting chief justice of the Alabama Supreme Court; Lewis Gosa, the chairman of the Advisory Committee on Alabama Child Support Guidelines and Enforcement; and several others affiliated with the state's child support system. Both plaintiffs reside in Jefferson County and are noncustodial parents.

The child support advisory committee is charged with re-evaluating the state child support guidelines periodically, and with adjusting the guidelines up or down. In March, the committee received a recommendation to raise the child support guidelines by an average of 32 percent, which means many noncustodial parents could pay almost a third more in child support than they do now.

The suit alleges that acting Supreme Court Chief Justice Gorman Houston, Administrative Office of the Courts Director Randy Helms and Alex Jackson, an attorney for the state, violated a federal court order from a previous lawsuit, which says that the committee should meet within three months of Sept. 25, 2003.

The entire committee never met, but Barber and Blackson alleged that Houston, Jackson and Gosa met secretly on Jan. 8 to issue a contract to Policy Studies, Inc.

PSI was charge with reviewing the state's child support schedule and made the recommendation of an average 32 percent increase.

Blackston and Barber contend that under the court order, the issuing of a contract should have been done with the approval of the entire committee.

Blackston, who accused PSI of being "anti-noncustodial parent" in the lawsuit, claims the selection of PSI was rigged, and to bolster the claim said the invitation for review of the child support system was sent to 1,100 vendors.

Blackston said that there are only 20 to 25 vendors qualified to review child support guidelines in the United States.

"Asking the Division of Purchasing to take charge of soliciting the vendors to update child support likely ended up with solicitations going out to vendors of toilet paper and cleaning supplies," Blackston wrote in the suit.

Blackston also accused the advisory committee of holding its March public hearing on child support in an environment restrictive to the public.

The committee "placed such strict requirements on potential speakers and guests that they effectively closed the door to a public meeting," Blackston said.

Speakers at the child support hearing in March were required to submit a letter with their personal information on it in advance, and were allowed 10 minutes to speak.

Blackston, who is not a lawyer, has plenty of experience suing the state over child support issues. He filed and settled two prior suits against the state and wrote the 70-page lawsuit filed last week.

The two men first sued the state in 1993 after they were not allowed to tape-record a meeting on child support. As a result of the suit, a federal appellate court ordered that Blackston be a member of the committee.

They sued again in 1999, claiming that Blackston was being left out of the meetings, and the case was later settled to Blackston and Barber's satisfaction.

But now the men claim they and the public are being excluded again from the child support committee.

A scheduled meeting of the child support committee on Monday was canceled. Administrative Office of the Courts spokesman David Williams confirmed that the meeting was canceled due to the filing of the lawsuit, but declined to comment on whether it would be rescheduled.

Williams also declined to comment on any of the lawsuit's allegations, citing the office's policy of not speaking about pending litigation.

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	State & Govt. - April 20, 2004 Montgomery, Alabama Noncustodial parents file suit By Jessica M. Walker Montgomery Advertiser
	The Advisory Committee on Alabama Child Support Guidelines and Enforcement makes recommendations to the state Supreme Court on how to change child support guidelines and the payment schedule. The committee is supposed to convene every four years to make recommendations. A brick mason and a postal worker have filed a federal lawsuit against the heavyweights of the Alabama court system, claiming that the state's child support advisory committee is operating in secret and unconstitutionally. The two men are members of the committee they are suing. "Federal law requires them to have public input. Alabama has failed miserably in reviewing the (child support guidelines) according to federal law," said James Blackston, an electronic technician with the U.S. Postal Service. Blackston and Brad Barber, who is an alternate member of the committee, filed suit last week against Gorman Houston, the acting chief justice of the Alabama Supreme Court; Lewis Gosa, the chairman of the Advisory Committee on Alabama Child Support Guidelines and Enforcement; and several others affiliated with the state's child support system. Both plaintiffs reside in Jefferson County and are noncustodial parents. The child support advisory committee is charged with re-evaluating the state child support guidelines periodically, and with adjusting the guidelines up or down. In March, the committee received a recommendation to raise the child support guidelines by an average of 32 percent, which means many noncustodial parents could pay almost a third more in child support than they do now. The suit alleges that acting Supreme Court Chief Justice Gorman Houston, Administrative Office of the Courts Director Randy Helms and Alex Jackson, an attorney for the state, violated a federal court order from a previous lawsuit, which says that the committee should meet within three months of Sept. 25, 2003. The entire committee never met, but Barber and Blackson alleged that Houston, Jackson and Gosa met secretly on Jan. 8 to issue a contract to Policy Studies, Inc. PSI was charge with reviewing the state's child support schedule and made the recommendation of an average 32 percent increase. Blackston and Barber contend that under the court order, the issuing of a contract should have been done with the approval of the entire committee. Blackston, who accused PSI of being "anti-noncustodial parent" in the lawsuit, claims the selection of PSI was rigged, and to bolster the claim said the invitation for review of the child support system was sent to 1,100 vendors. Blackston said that there are only 20 to 25 vendors qualified to review child support guidelines in the United States. "Asking the Division of Purchasing to take charge of soliciting the vendors to update child support likely ended up with solicitations going out to vendors of toilet paper and cleaning supplies," Blackston wrote in the suit. Blackston also accused the advisory committee of holding its March public hearing on child support in an environment restrictive to the public. The committee "placed such strict requirements on potential speakers and guests that they effectively closed the door to a public meeting," Blackston said. Speakers at the child support hearing in March were required to submit a letter with their personal information on it in advance, and were allowed 10 minutes to speak. Blackston, who is not a lawyer, has plenty of experience suing the state over child support issues. He filed and settled two prior suits against the state and wrote the 70-page lawsuit filed last week. The two men first sued the state in 1993 after they were not allowed to tape-record a meeting on child support. As a result of the suit, a federal appellate court ordered that Blackston be a member of the committee. They sued again in 1999, claiming that Blackston was being left out of the meetings, and the case was later settled to Blackston and Barber's satisfaction. But now the men claim they and the public are being excluded again from the child support committee. A scheduled meeting of the child support committee on Monday was canceled. Administrative Office of the Courts spokesman David Williams confirmed that the meeting was canceled due to the filing of the lawsuit, but declined to comment on whether it would be rescheduled. Williams also declined to comment on any of the lawsuit's allegations, citing the office's policy of not speaking about pending litigation.
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