IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
James R. Blackston * Bradley W. Barber * * PLAINTIFFS, * * vs. * Case No. 99-A-295-N State of Alabama, et. al.; * * Circuit Judge Richard Dorrough, * individually and in his official * capacity as Chairman, Advisory * Committee on Child Support * Guidelines and Enforcement; * * Frank Gregory, individually and * in his official capacity as * Administrative Director of Courts; * * Bob Maddox, individually and * in his official capacity as employee of * Administrative Office of Courts * * DEFENDANTS. *
Motion for Injunctive Relief
Plaintiffs moves this Honorable Court for injunctive relief, preliminary and permanently, enjoining all defendants from interfering with Plaintiff's rights under a Consent Decree entered into between the plaintiffs and the State of Alabama, et. al. on December 15, 1995 and state as follows:
Statement of the Facts
1 The Advisory Committee on Child Support Guidelines and Child Support Enforcement was appointed by the Alabama
Supreme Court to coordinate with the Department of Human Resources concerning the state's child support program
and to ensure compliance with various federal child support enforcement requirements.
2 The committee is composed of judges, attorneys and representatives of the Department of Human Resources.
3 In 1974, Congress established a federal child support enforcement program.
4 The Child Support Enforcement Amendments of 1984 (P.L. 98-378) revamped the federal child support enforcement
program and required all states to develop an enforcement plan.
5 One requirement was the adoption of state guidelines for the determination of child support awards.
6 Shortly after the implementation of the Child Support Enforcement Amendments of 1984, Governor George C. Wallace
appointed the Alabama Commission on Child Support to examine and study the operation of the State's child support
system in view of the amendments and to make recommendations for legislative, administrative, or rule changes.
7 In March 1986, then Chief Justice C. C. Torbert, Jr. established the Child Support Committee to study and make
recommendations on a number of issues, including child support guidelines.
8 In September 1987, based on the recommendations of that committee, the Alabama Supreme Court adopted Rule 32,
Alabama Rules of Judicial Administration, which provided an advisory guideline, which could be used by the courts
in establishing child support.
9 This advisory guideline was based on the income shares model which was developed by the National Center for State
Courts and which encompasses the concept that a child should continue to receive the same level of support that
he or she would have received if the family unit had remained in tact.
10 The Family Support Act of 1988 (PL. 100-485) established further requirements for state child support enforcement
programs, including the provision to establish child support guidelines as a rebuttable presumption and to include
provisions in the guidelines for a review every four years.
11 In August 1989, the Alabama Supreme Court amended the state's child support guidelines to incorporate these
new requirements.
12 The committee is currently reviewing the state's child support guidelines (Rule 32, Alabama Rules of Judicial
Administration,) but not in accordance with the requirement of the Family Support Act of 1988.
13 Some of the child support issues addressed by the Committee in 1993 include:
( 1) Child care costs; ( 2) Criteria for rebuttal; ( 3) Guidelines as the basis for modifications; ( 4) Schedule
of child support obligations basic presumptions; ( 5) Tax exemptions; ( 6) Health insurance/ medical costs/ enforcement;
( 7) Further modifications as administrative procedure; ( 8) Shared physical custody; ( 9) Visitation abatements
costs; ( 10) Post minority support/ education; ( 11) Multiple support orders; ( 12) Other children/ dependents;
( 13) Household income; and ( 14) Automatic recording of Judgments.
14 Problems occurred with the 1993 child support update process that required the plaintiffs bring suit in federal
court to protect their constitutional rights. (See Blackston v. Alabama, 30 F.3d 117)
15 As a result of Blackston v. Alabama, the parties entered into a Consent Decree. (See Exhibit A)
16 The Child Support Committee's guidelines update process is contrary to established practice and methods and
violates the Consent Decree entered into by the State of Alabama et. al. and the plaintiffs. (See Exhibit B, AOC
Memo)
17 The plaintiffs and many fathers throughout Alabama may be incarcerated, resulting in an indefinite loss of liberty
and property, by "rules of court" as a direct result of the defendant's actions.
18 Some fathers will be forced to defend against false charges and others will be indigent, unable to afford an
attorney.
19 Other fathers, and some mothers, will have property permanently confiscated, without due process.
20 Other fathers will simply be trying to maintain a meaningful relationship with their children.
21 Temporary and Permanent Restraining Orders and Injunctions are routinely placed upon non-custodial parents,
without due process, as a direct result of Alabama's child support guideline rules.
22 As a member of the Child Support Committee, Blackston represents thousands of non-custodial parents, primarily
fathers, that will lose property and liberty and subsequently the ability to parent their child.
23 The contrary actions of the defendants renders Blackston's ability to represent Alabama's non-custodial parents
ineffective and is contrary to the spirit and intent of the Consent Decree.
24 Specifically the plaintiffs request an injunction to insure the plaintiffs' rights to a proper hearing on the
issues and require the defendants herein to refrain from violating the plaintiffs' first amendment right to record
the Child Support Committee's activities and prevent further violations of said Consent Decree, paragraph 6, 9
and 10.
25 Insufferable and irreparable damage has been done to the plaintiffs, and the said Injunctive Relief must be
Ordered to secure justice and equality for the plaintiffs.
26 Plaintiffs seeks this equitable relief because:a. There is great likelihood of success by plaintiff on the merits
of this case;
b. Legal remedy is inadequate and unavailable under the facts of this case;
c. Plaintiffs will continue to suffer irreparable harm to their constitutional rights under the Consent Decree,
and ability to participate in the orderly affairs of government that directly and adversely affect them, if equitable
relief is not granted;
d. Emergency time constraints exist as to this cause of action.
Wherefore, each plaintiff prays from this Honorable Court and demands from all defendants,
1. That this Honorable Court will take jurisdiction of this petition and supporting affidavits in accordance
with Federal Rules Civil Procedure, Rule 65.
2. That this Honorable Court will make and enter an order requiring the said Defendants to show cause as to why
they should not be held in contempt for violations of the Court approved Consent Decree.
3. That damages be awarded, commensurate with the degree of harm suffered by the plaintiffs, an amount to be determined
by a jury.
4. That plaintiffs prays for such other, further and different relief to which he may be entitled and for general
relief.
DATED this the 12th day of March 1999.
______________________________
James R. Blackston
______________________________
Bradley W. Barber
Plaintiff's Address
James R. Blackston
6185 Hwy 195 North
Jasper, Ala 35503-3409
205-221-6558
Bradley W. Barber
4732 Hand Lane
Gardendale, Ala 35071-4732
205-631-9733
Defendant's Address
State of Alabama, Attorney General
Honorable Bill Pryor
11 South Union Street
Montgomery, Ala. 36130
205-242-7391
Administrative Office of Courts
Director Frank Gregory
817 South Court Street
Montgomery, Ala 36130-0101
1-800-392-8077
Committee on Child Support
Guidelines and Enforcement
Circuit Judge Richard Dorrough
Courthouse Annex
Montgomery, Ala 36192
205-832-4950
Bob Maddox
Administrative Office of Courts
300 Dexter Ave
Montgomery, Al 36130-0101
1-800-392-8077
VERIFICATION
I, James R. Blackston, am a plaintiff in the above entitled action. I have read the foregoing complaint and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief; and, as to those matters, I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on the 12th day of March 1999 at Birmingham, Alabama.
__________________________
James R. Blackston
I, Bradley W. Barber, am a plaintiff in the above entitled action. I have read the foregoing complaint and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief; and, as to those matters, I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on the 12th day of March 1999 at Birmingham, Alabama.
__________________________
Bradley W. Barber
STATE OF ALABAMA ) ) ACKNOWLEDGMENT COUNTY OF JEFFERSON )
I, the undersigned authority, a Notary Public in and for said County and State, do hereby certify that James R. Blackston and Bradley W. Barber, whose names are signed to the foregoing Petition and who is known to me, acknowledged before me on this date, that being informed of the contents of the instrument, they executed the same voluntarily on the day the same bears date.
Given under my hand and seal this the 12th day of March 1999.
(SEAL)__________________________
Notary Public
CERTIFICATE OF SERVICE
I, James R. Blackston, the undersigned, do hereby certify that I have this day served a copy of the Verified Complaint and Motion for Injunctive Relief on all defendants by placing a copy of the same in the United States Mail, postage prepaid and properly addressed on the 12th day of March 1999.
______________________________
James R. Blackston
6185 Hwy 195 North
Jasper, Al 35503-3409
Phone 205-221-6558
______________________________
Bradley W. Barber
4732 Hand Lane
Gardendale, Ala 35071-4732
205-631-9733
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