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terrybankert
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fyi- From My email
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Terry --
I'm about to take the stage in St. Paul and announce that we have won the Democratic nomination for President of the United States.
It's been a long journey, and we should all pause to thank Hillary Clinton, who made history in this campaign. Our party and our country are better off because of her.
I want to make sure you understand what's ahead of us. Earlier tonight, John McCain outlined a vision of America that's very different from ours -- a vision that continues the disastrous policies of George W. Bush.
But this is our moment. This is our time. Our time to turn the page on the policies of the past and bring new energy and new ideas to the challenges we face. Our time to offer a new direction for the country we love.
It's going to take hard work, but thanks to you and millions of other donors and volunteers, no one has ever been more prepared for such a challenge.
Thank you for everything you've done to get us here. Let's keep making history.
Barack
---
Obama for President
Grand Blanc Organizational Meeting
Wednesday, June 4, Obama For President Meeting in Grand Blanc at 7 p.m. Everyone is welcome. Please come and help us plan voter registration drives in Grand Blanc, Fenton, Burton, and surrounding areas. This is an opportunity for you to share your local knowledge and become part of a voter registration team! We will meet at Grand Blanc Middle School EAST, 6100 Perry Rd, Grand Blanc. Please feel free to contact me with any questions. Aletheia Henry, Obama for America, 614.668.5116, ahenry@barackobama.com ---
posted here by
Terry Bankert |
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Wed Jun 04, 2008 11:15 am |
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terrybankert
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Human fat tax discussed!
______________________
GOOD MORNING FLINT!
BY Terry Bankert 6/5/08
You are invited to join me at Face Book
http://www.facebook.com/people/Terry_Bankert/645845362
___________________________
Full article at http://goodmorningflint.blogspot.com/
Flint Talk
http://flinttalk.com/viewtopic.php?p=29750#29750
__________________________
BLOGGING FOR MICHIGAN
http://bloggingformichigan.com/
Great information from caring people in Michigan USA
__________________________
Amid calls for unity, politics divide UN food conference[b]
At stake in crisis: 1 billion hungry across globe[b]
"The enemy is hunger," Ban said, and the international community is "duty bound to act, to act now, and to act as one". [al]
REFLECTIONS: It is a well established economic theory that if cost is increased it will reduce demand. [trb]
Then why not impose a targeted tax or arbitrary increase in cost for the over consumption of food to reduce demand. Since the market economy is in shambles we must do something. [trb]
Of Especial importance is to reduce demand in those countries or individual people who practice over consumption. [trb]
Specifically why not impose a special tax on those with over 20% body fat and use these funds to feed the hungry in Africa. [trb]
Now heres a topic that Sharpton and Jackson can sink their teeth into. Since the rise of Obama they now have little to talk about or profit from.Take the song ‘ Short People” and substitutre fat for short. Now we have a theme song! What do you think? [trb]
YOU FAT PEOPLE ARE KILLING US
The high cost of food has already sparked protests and riots around the world.[al] Shades of solent green, where is Heston when you need him.[trb]
On Tuesday, the United Nations food agency chief told delegates that billions of dollars are being wasted on feeding obese people in the West while millions face starvation. [al]
"No one understands... how over-consumption by obese people in the world costs $20bn each year," Jacques Diouf said.[al
A FAT PERSON IN A SUV, NOW THERES A TERRORIST BENT ON DISRUPTING THE WORLD ORDER!
"No one understands... how over-consumption by obese people in the world costs $20bn each year," Jacques Diouf said.[al]
ON EARTH THERE ARE COUNTRIES THAT CANNOT FEED THEiR PEOPLE!
FAO has listed 22 countries that are particularly vulnerable owing to a combination of high levels of chronic hunger - defined as more than 30 per cent undernourishment - and being net importers of both food and fuel. [m]
Countries such as Eritrea, Niger, Comoros, Haiti and Liberia are particularly affected. [m]
REINVEST IN ARGICULTURE NOT THE MILITARY INDUSTRIAL COMPLEX?
"Today some 862 million people are suffering from hunger and malnourishment and this highlights the need to re-invest in agriculture. It should be clear now that agriculture needs to be put back onto the development agenda".[aa]
WE HAVE TOO MANY PEOPLE AND THE FAT ONES ARE EATING TOO MUCH, SAYS AMERICA, ...SORTA..
“We are anticipating this year an over 40 percent increase in food price inflation globally, 43 percent approximately. Of that we can identify two to three percent of that price increase that is driven by biofuels. A majority, of course, is energy and the second largest piece or about equal piece is the increase in consumption around the world, which is using up the production stocks,” he said.[V2]
HUMAN FAT TAX PROPOSED
Well actually one has not any where but here, but it sounds like a good idea to me. What do you think?[trb] What will this look like... we have to attach a statement from our Doctor or community weigh in station to our taxes.[trb]
FORGING AHEAD FOR FOOD
Delegates to a U.N. summit on rising food prices worked late into the night Wednesday trying to forge a compromise on a strategy to combat a crisis that is increasing hunger worldwide.[a]
It was supposed to be an emergency conference on food shortages, climate change, and energy. At the opening ceremony Tuesday, the United Nations secretary general, Ban Ki-moon, noted that there were nearly one billion people short of food and called upon countries gathered here to act with "a sense of purpose and mission."[b]
U.N. Secretary-General Ban Ki-moon said on Wednesday that dealing with the current global food crisis is a fight the international community cannot afford to lose. The U.N. chief is attending a world food security summit at the Food and Agriculture Organization in Rome. For VOA, Sabina Castelfranco reports.[v]
U.S. Agriculture Secretary Ed Schafer said Tuesday the world’s leaders have a responsibility to allow markets to provide food efficiently, without obstructing access to it or limiting safe technologies to produce it. Schafer leads the U.S. delegation to the U.N. summit on Food Security and Climate Change in Rome. The summit is being held at the headquarters of the U.N. Food and Agriculture Organization.[v2]
R&D FOR BIOFUEL
The proposed final declaration would call for stepped-up food production, reduced trade restrictions and more research on the contentious issue of biofuels.[a]
Using prices corrected for inflation, the report stated that over the next decade rice and sugar prices will increase by less than 10 per cent, wheat by less than 20 per cent, butter coarse grains and oilseeds will rise 30 per cent, and vegetable oils over 50 per cent.[aa]
A PLEDGE TO NOT DESTROY OUR ABILITY TO SUSTAIN OURSELVES
A copy of the draft obtained by The Associated Press ended with a pledge to alleviate the suffering caused by the price crisis, stimulate food production, increase investment in agriculture, address obstacles to food access and use resources in a sustainable way.[a]
Hunger degrades everything we have been fighting for in recent years and decades. Recent riots and protests show that hunger and the threat of hunger breed unrest and instability. We are duty bound to act, to act now, and to act as one."[v]
The FAO and OECD also cited growing demand for biofuel as another factor forcing up prices, saying that world ethanol production has tripled between 2000 and 2007 and is expected to double again in the next decade. Climate change, low stock levels and speculation could also add to price volatility.[aa]
U.N. SUMMIT
Delegates pushed positions on wording for the final document at a closed-door session, less than 12 hours before the summit at the U.N. Food and Agriculture Organization was to convene for its third and final day Thursday.[a]
Tough Choice: What to Put On Menu at Hunger Summit[w]
But when the microphone was opened to the powerful politicians who had flown in from all over the world, they spoke mostly about economics and politics.[b]
Delegates at the summit in Rome have been divided over the role bio-fuels is playing in driving up food prices to the point of provoking riots in some countries.[v]
CORN BASED BIOFUEL TO BE 10% OF MARKET BY 2020...BIOFUEL GOOD!
Biofuels made from sugar cane, corn and other crops have been seen as a way to combat climate change and rising oil prices. The U.S. has been subsidizing corn-based ethanol production, and the 27-nation European Union endorsed a plan last year calling for biofuels to make up 10 percent of the fuel for road vehicles by 2020.[a]
BIOFUEL BAD....!
But environmentalists, aid groups and some countries are becoming increasingly wary of biofuels, which they say could accelerate global warming by encouraging deforestation and contribute to soaring commodities prices by diverting crops from food to biofuel production.[a]
ESSENTIALS VS OPPORTUNITIES
The draft appeared to seek a balance between both sides, saying it was "essential" to address the "challenges and opportunities" posed by biofuels.[a]
"In-depth studies are necessary to ensure that production and use of biofuels is sustainable," it said.[a]
Ahmadinejad accused unnamed "powers" of profiteering from high food prices through subsidies and market manipulations.[al]
The draft echoed U.N. Secretary-General Ban Ki-moon's call at the summit to minimize the use of restrictive trade measures. He has urged nations to revisit export restrictions and import tariffs as a way to ensure food security during the price rise.[a]
LIBERATE TRADE?...A FOOD NAFTA?
The draft calls on the international community to continue efforts to liberate global trade in agriculture by reducing trade barriers and market-distorting policies.[a]
The US secretary of agriculture, Ed Schafer, talked about the benefits of biofuels and how genetically modified crops could ease world hunger. President Luiz Inácio Lula da Silva of Brazil spoke for half an hour about how Brazilian biofuels were superior to the US offerings. The president of Zimbabwe, Robert Mugabe, talked about how colonialism had created the food crisis. And President Mahmoud Ahmadinejad of Iran spoke of the need to inject religion into food politics.[b]
THE UNITED STATES OF AMERICA PLAN
At a news conference Tuesday, Schafer said, “The United States is implementing an integrated a three-pronged strategy to combat rising global food prices. First, the president has committed an immediate and expanded humanitarian response that targets the most critical needs globally and supports those individuals who are most vulnerable to rising food prices." [v2]
“Second, we support urgent efforts to address the underlying causes of the food crisis in developing countries that have the potential to become major producers in their regions. Longstanding issues of improving agriculture productivity, alleviating market bottlenecks and promoting market-based principles remain and therefore require immediate attention. Third, we ask all countries to allow the free flow of food and the safe technologies that produce that food,” he said.[v2]
PLANT CROPS ON YOUR CITY VACANT LOTS?
The document also echoes Ban's call to increase food production by 50 percent by 2030.[a]
Since 2004, food production in China has increased for four consecutive years and the total grain output exceeded 500 million tons last year. [c]
Sun said China's grain reserves are currently abundant and there is enough supply of major farm products to offset the effects of the two natural disasters. [c]
'Food production needs to rise by 50 per cent by the year 2030 to meet the rising demand,' the UN secretary general said. [m]
However more urgent measures were also needed, for example to ensure the success of next year's agricultural harvests, Ban said. [m]
Farmers in the northern hemisphere needing to plant their crops by the end of July required immediate supplies of seeds and fertilizers, FAO Director General Jacques Diouf, told the same news conference. [m]
POLITICAL WILL WITHOUT RESOURCES...
"There's a lot of consensus on the way forward," said John Holmes, the U.N. humanitarian affairs chief who is coordinating a special task force on the food crisis. The summit "has shown that the political will is there, but the resources need to be found" for funding.[a]
At the three-day conference held by the UN Food and Agriculture Organization, there was a lot of argument about whether the high food prices were caused by the rush to biofuels, protective tariffs, the soaring price of oil, or the distortion of subsidies.[b]
The highest food prices in three decades have exacerbated a crisis in developing nations where 850 million people were already facing food shortages, Ban warned delegates at the opening on Tuesday. [m]
GUNS OR BUTTER?
Ban predicted that as much as $20 billion may be needed each year to increase food production. [a]
Sun said as a huge, developing country with 1.3 billion people, China has always paid great attention to food and agricultural development. [c]
The Chinese government will continue to adhere to the food security policy of basic self-sufficiency, complemented by imports and exports to readjust surplus and shortfalls, he said.[c]
"We believe the problem is much more political than everything else," said Walter Poveda Ricaurte, the Ecuadorean agriculture minister. "We have to differentiate between the countries who are really affected by the food crisis and those who are seeing it as an economic opportunity."[b]
According to the report, rice, a staple for more than half the earth's population, will remain in short supply on global markets, and poor countries that rely on food imports could see food bills up 40 percent this year after a similar price hike in 2007[aa] See the above discussion on taxing overconsumption.[trb]
–end
Posted here by Terry Bankert ... 6/03/08 5
(If you like this article please forward to your friends, if not just keep it to yourself.) Family Mediation and Divorce Practice.
http://attorneybankert.com/
Join my political party of preference, http://www.michigandems.com/join.html
Join me in creating a new voice in The Michigan Democratic Party, become a Precinct Delegate.
You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362
Link here for a broadcast OF THE GOOD MORNING FLINT ON FLINT TALK RADIO
http://www.stickam.com/viewMovieGallery.do?uId=175398425
---where did this stuff come from---
[a]
AP
http://ap.google.com/article/ALeqM5iwx4bYD140egrMPye_3RBhOxE6IgD913HML00
[c]
China View
http://news.xinhuanet.com/english/2008-06/05/content_8314807.htm
[b]
Boston.com
http://www.boston.com/news/world/europe/articles/2008/06/05/amid_calls_for_unity_politics_divide_un_food_conference/
[trb]
Comments of Terry Bankert to include unattributed Cap headlines
http://attorneybankert.com/
[v]
Voice of America
http://voanews.com/english/2008-06-04-voa14.cfm
[al]
Aljazeera.Net
http://english.aljazeera.net/NR/exeres/FD716E05-777C-4831-9C1F-FA151EDD05FC.htm
[m]
Monsters and Critics
http://www.monstersandcritics.com/news/business/news/article_
1409299.php/Global_fight_against_hunger_"cannot_fail%22_UN_chief_says__Roundup_
[aa]
All Africa
http://allafrica.com/stories/200806040651.html
[v2]
Voice of America
http://www.voanews.com/english/Africa/2008-06-03-voa22.cfm
[w]
Wall Street Journal
http://online.wsj.com/article/SB121252256452242329.html?mod=googlenews_wsj
59694
Last edited by terrybankert on Thu Jun 05, 2008 5:35 pm; edited 1 time in total |
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Thu Jun 05, 2008 5:17 am |
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andi03
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*****Well actually one has not any where but here, but it sounds like a good idea to me. What do you think?[trb] What will this look like... we have to attach a statement from our Doctor or community weigh in station to our taxes.[trb] *****
The government would have made a lot of money off of me when I was pregnant and after the children were born and once a month for women, when we are bloated. |
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Thu Jun 05, 2008 5:59 am |
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twotap
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I can see it all now. Some slick TV lawyer has a commercial, "Unable to pay your fat tax , being hounded by the IRS, settle for pennies on the pound call the law offices of #@@#@#&  |
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Thu Jun 05, 2008 8:42 am |
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Dave Starr
F L I N T O I D
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| Have you seen the news reports that some airlines are considering charging passengers by the pound? |
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Talent does what it can. Genius does what it must. I do what the voices tell me to do.
45ACP: Don't leave home without it. |
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Thu Jun 05, 2008 8:51 am |
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Adam Ford
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The heavy U.S. subsidies help put foreign farmers out of business which helps cause starvation around the globe.
http://www.pbs.org/now/shows/310/
Eventually our policies could come back to haunt us severely. |
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Thu Jun 05, 2008 9:46 am |
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Josh Freeman
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quote:
Dave Starr schreef:
Have you seen the news reports that some airlines are considering charging passengers by the pound?
I've flown next to a few that I wish they would have at least made them buy two tickets. |
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Thu Jun 05, 2008 10:00 am |
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terrybankert
F L I N T O I D
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Army major found dead in national cemetery[d]
______________________
GOOD MORNING FLINT!
BY Terry Bankert 6/6/08
You are invited to join me at Face Book
http://www.facebook.com/people/Terry_Bankert/645845362
___________________________
Full article at http://goodmorningflint.blogspot.com/
Flint Talk
http://flinttalk.com/viewtopic.php?p=29815#29815
__________________________
BLOGGING FOR MICHIGAN
http://bloggingformichigan.com/
Great information from caring people in Michigan USA
__________________________
REFLECTIONS; As our country prepares to realign itself politically we are daily reminded of the two front war with our troops at risk. That risk is physical on the battlefield and emotional later. With respect we express the loss of Major Lance Waldorf.[TRB]
SUICIDE IN THE MILITARY
The roll call of Iraq and Afghanistan vets who have committed suicide... continues to grow in an utterly disturbing and rapid manner. [h] We, on the out side of the military hope that there are programs in place for troubled soldiers.[trb]
"The war had a great deal to do with this," said Lana Waldorf, about her husband's death. Waldorf said her husband suffered from post-traumatic stress and increasing depression after returning home from serving as a civil affairs specialist in Afghanistan. [d2]
"We see a lot of things that are going on in the war which do contribute -- mainly the longtime and multiple deployments away from home, exposure to really terrifying and horrifying things, the easy availability of loaded weapons and a force that's very, very busy right now," said Col. Elspeth Ritchie, psychiatric consultant to the Army surgeon general.[A]
MILITARY SUICIDE IN OAKLAND COUNTY
The body of an Oakland County U.S. Army major, an apparent suicide, was found about 2 p.m. Monday by a Great Lakes National Cemetery caretaker.[d]
"Anyone coming back from a war where they have seen killing, where they have seen death, where they have feared for their own life, is going to come back with emotional wounds," she told the AP. "Those wounds need to be treated with loving care -- through a church, through the Veterans Administration, through their families. And the government needs to orchestrate this."[h]
A NOTE LEFT
Michigan State Police Detective Sgt. Gary Muir said Lance Waldorf, 40, of Bingham Farms, dressed in his military camouflage fatigues, left behind a suicide note and then drove to the 544-acre veteran's cemetery off Belford Road. Waldorf sat down under a tree within view of a lake and ended his life with a self-inflicted gunshot wound, police said. [d]
"It is a sad, tragic story," said Muir. "He left behind photos and notes to his wife about what he planned to do but with no explanation for his actions or what prompted them. [d]
WHY
Lana Waldorf, 51, said her husband of seven years suffered from depression as a symptom of post-traumatic stress disorder. She only learned of it when she found a document on their printer he had prepared for an appointment at a Veterans Administration hospital.[A]
"My husband kept all of this from me," she said. "I read it and was stunned because I had no idea what he was going through."[A]
SCHEDULED FOR DEPLOYMENT
"He was scheduled for a deployment to Iraq but there was no indication it -- or anything else for that matter -- played a role in his suicide." [d]
Family members could not be reached for comment Wednesday. He is survived by a wife and stepson. [d]
Waldorf said her husband, who served with the 414th Battalion out of Southfield, never wavered in his support for the military's mission. She said as a civil affairs officer in Afghanistan, he was responsible for rebuilding roads, schools, hospitals, villages and orphanages.[A]
"One of his favorite things was when they would visit the orphanage," she said. "Children just clung to the soldiers. They would hold onto their hands for hours."[A]
20 YEAR COMMISSIONED OFFICER
Waldorf was a chartered financial consultant with Merrill Lynch's Auburn Hills office and spent 20 years as a commissioned officer in the United States Army and Army Reserve. He returned home in 2007 after having served two tours in Afghanistan as a civil affairs officer coordinating humanitarian assistance and as a diplomat to the Afghan government. Waldorf was awarded the Bronze Star for meritorious service for his accomplishments. [d]
SUICIDE IN THE MILITARY
Military officials said last week that Army soldiers committed suicide in 2007 at the highest rate on record. The toll is climbing ever higher this year as long war deployments stretch on.[A]
The 115 confirmed suicides among active-duty soldiers and National Guard and Reserve troops who had been activated amounted to a rate of 18.8 per 100,000 troops -- the highest since the Army began keeping records in 1980.[A]
The 115 confirmed suicides in 2007 among active-duty soldiers and National Guard and Reserve troops activated amounted to a suicide rate of 18.8 per 100,000 troops, the highest since the Army began documenting such statistics in 1980. And the numbers are growing higher this year with extended deployments.[d2]
Visitation for Waldorf will be from 1-4 p.m. and 6-8 p.m. Friday at the McCabe Funeral Home, 31950 W. 12 Mile in Farmington Hills. Services will be 9:30 a.m. Saturday at the NorthRidge Church, 49555 N. Territorial in Plymouth. [d]
MILITARY SHOULD BETTER TREAT THE EMOTIONAL WOUNDS
Lana Waldorf believes her husband's depression kept him from aggressively seeking help. She would like the military to institute monthly evaluations for returning soldiers.[A]
"Anyone coming back from a war where they have seen killing, where they have seen death, where they have feared for their own life, is going to come back with emotional wounds," she said. "Those wounds need to be treated with loving care -- through a church, through the Veterans Administration, through their families. And the government needs to orchestrate this."[A]
HE SERVED HIS LORD, FAMILY AND COUNTRY
"He was a diligent worker and he was a servant of the Lord and always sought to do the right thing," she said. "It is a tremendous loss to my family, to my friends and to my country, and it is a tremendous gain for heaven."[h]
–END
Posted here by Terry Bankert ... 6/03/08 5
Family Mediation and Divorce Practice.
http://attorneybankert.com/
Join my political party of preference, http://www.michigandems.com/join.html
Join me in creating a new voice in The Michigan Democratic Party, become a Precinct Delegate.
You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362
---
[d]
Detroit News
http://www.detnews.com/apps/pbcs.dll/article?AID=/20080604/METRO02/806040451/1361
[D2]
Detroit News
http://www.detnews.com/apps/pbcs.dll/article?AID=/20080605/METRO/806050384/1409
[a]
AP
http://www.mlive.com/news/index.ssf/2008/06/soldiers_wife_says_husband_cou.html
[h]
Huffington Post
http://www.huffingtonpost.com/greg-mitchell/another-shocking-vet-suic_b_105255.html
[trb]
Comments of Terry Bankert
http://attorneybankert.com/
59995 |
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Thu Jun 05, 2008 10:10 pm |
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terrybankert
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FYI-
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FRIEND OF THE COURT
PARENT SURRENDER PROGRAM
MAY 11- JUNE 15 2008
CHILD SUPPORT OR PARENTING TIME WARRANT GOT YOU WORRIED?
The Genesee County Friend of the Court is offering amnesty through Fathers day. Case workers will be available to assist parents with meeting their child support or parenting time orders without fear of arrest through June 15 2008.
After June 15 2008 the Friend of the Court will escalate enforcement efforts on all outstanding warrants.
Office hours 8:00 - 5:00 pm daily, extended hours Thursday evening 5:00 - 7:00 pm
1101 Beach St, Flint MI 48507
---
Posted By Terry Bankert |
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Fri Jun 06, 2008 6:57 am |
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00SL2
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We need to make peace, not war. Natural disasters create human suffering and it is by nature that we are moved to help others recover in the aftermath. It is hard for the conscience to bear when we become part of the cause that takes human life or creates suffering in others. For some, it is too much to live with.
* * *
"The body of an Oakland County U.S. Army major, an apparent suicide, was found about 2 p.m. Monday by a Great Lakes National Cemetery caretaker."[d]
"One of his favorite things was when they would visit the orphanage," she said. "Children just clung to the soldiers. They would hold onto their hands for hours."[A]
"Anyone coming back from a war where they have seen killing, where they have seen death, where they have feared for their own life, is going to come back with emotional wounds," she said. . . . [A] |
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Fri Jun 06, 2008 9:18 pm |
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terrybankert
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ONE COURT GIVETH ANOTHER TAKES AWAY!
Dads child support arrearage still his, $5,647.27 even after a juvenile court orders the child placed with him!
______________________
GOOD MORNING FLINT!
BY Terry Bankert 6/6/08
You are invited to join me at Face Book
http://www.facebook.com/people/Terry_Bankert/645845362
___________________________
Full article at http://goodmorningflint.blogspot.com/
Flint Talk
http://flinttalk.com/viewtopic.php?p=29850#29850
__________________________
BLOGGING FOR MICHIGAN
http://bloggingformichigan.com/
Great information from caring people in Michigan USA
__________________________
CAN RELIEF FROM JUDGEMENT BE USED TO SET ASIDE CHILD SUPPORT? NO!
Issues: Divorce; Child support;
Whether MCR 2.612 (relief from judgment) may be used to set aside accrued child support; Retroactive modification of child support; MCL 552.603; Fisher v. Fisher; Statutory analysis; Peterson v. Peterson; Waple v. Waple; Adams v. Linderman; Whether the trial court properly granted relief under MCR 2.612©); Determination of a conflict between a statute and a court rule; Muci v. State Farm Mut. Auto. Ins. Co.; People v. Cleveland Williams; Equity; Whether the prosecutor in the juvenile case should have given notice of changed custody pursuant to MCR 3.205 to the family court in another county
1. Court: Michigan Court of Appeals (Published)
2. June 3, 2008 9:05 a.m.
3. No. 272327
4. Wayne Circuit Court
5. LC no 87-721014-DM
Case Name: Malone v. Malone
e-Journal Number: 39534
See:http://www.michbar.org/opinions/appeals/2008/060308/39534.pdf
Judge(s): Zahra, Talbot, and Meter
[This case has been modified for the purpose on media presentation. Read the original and consult an attorney before you rely on it. -trb]
NO RETROACTIVE MODIFICATION OF CHILD SUPPPORT IF DUE PROCESS PROTECTIONS ARE IN PLACE.
Deciding an issue of first impression as to whether MCR 2.612 allows a court to grant a party relief from a support order by retroactively modifying court-ordered child support, the court held as long as the minimum protections of due process are afforded to a party ordered to pay child support, the party cannot receive retroactive abatement of accrued child support obligations.
CASE BACKGROUND
DIVORCED 1988-SUPPORT $40 per week
The parties were divorced in October 1988, the plaintiff-mother was awarded custody of their only child in the divorce judgment, and defendant was ordered to pay $40 a week in child support.
In 1994, the support was increased to $80 a week plus an amount toward an arrearage.
WHILE DIVORCED THE PARENTS LIVED TOGETHER 1988-1992 CHILD SUPPORT CONTINUED TO CHARGE!
The parties CONTINUED TO LIVE together and separated in 1992. My guess is that mom was on public assistance.
MINOR CHILD LIVED WITH MOM 1992-2004
The child lived with plaintiff between 1992 and 2004.
DISRUPTIVE CHILD LIVES WITH DAD AFTER CHILD FIGHTS MOM, ORDERED BY JUVENILE COURT!
TWO MONTHS WITH DAD, FOUR MONTHS WITH MOM
Defendant alleged plaintiff and the child had "serious problems" in 2004, and domestic violence charges were filed against the child in juvenile court, due to an altercation with plaintiff. As a result, the child lived with defendant for two months in 2004, but then lived with plaintiff from April 2004 to July 15, 2004.
THE JUVENILE COURT ORDERED MINOR CHILD TO LIVE WITH DAD FROM 6/15/2004 TO PRESENT. THE MICHIGAN COURT OF APPEALS SAYS DAD STILL HAS TO PAY CHILD SUPPORT BECAUSE HE DID NOT FILE A MOTION TO STOP IT.
Defendant alleged the child was then released to his care and custody by the juvenile court and has resided with him since then.
DAD DID NOT HAVE MONEY TO HIRE AN ATTORNEY AND MOTION TO STOP HIS CHILD SUPPORT FOR TWO YEARS....CHILD IS WITH HIM AND HE IS STILL PAYING HER CHILD SUPPORT....
Defendant claimed financial hardship prevented him from filing a motion to change custody or modify support, but continued to pay support.
DAD SAYS I GOT THE CHILD, A COURT ORDERED IT, I SHOULD NOT HAVE TO PAY CHILD SUPPORT, RIGHT!!!!!
He filed a motion in the family court on March 7, 2006 to modify child support and to adjust the arrearage dating back to February 2004, to give him credit for support plaintiff received after the child was not in her custody. [ He also filed for a change of custody.]
TRIAL COURT GRANTED 100% ABATEMENT- TWO STATUTES IN CONFLICT
Mom testified that what father was saying as to where the child lived was true.
The trial court, relying on MCR 2.612, held the support should be abated 100 percent after the child was placed with defendant and set the arrearage at 0. The court held MCR 2.612©) and MCL 552.603(2) conflict and could not be reconciled.
THE FRIEND OF THE COURT SAID THE JUDGE SCREWED UP, DADS CHILD SUPPORT SHOULD HAVE BEEN STOPPED.
“AT THE CONCLUSION OF A HEARING, THE Wayne County Friend of the Court)FOC) referee indicated on the record that she believed that the Macomb County Juvenile Court ‘erred in not stopping his [defendants] child support and ordering mom to pay’ So, I think under those circumstances the court can rectify it. It was court error.”
The referee said the court should be able to correct its own mistakes.
The referee determined that dad had the minor child for 19 months because of a Juvenile Court order. He was still charged support, assessed surcharge and he paid support.
[When the referee tried to set thing right, mom Plaintiff appealed to the circuit court judge.She raised the concept on non retroactive modification of child support, the most unfair draconian law designed. Citing MCL 552.603 and the Appellate case, Waple vs Waple, 179 Mich App 673 1989-trb]
THE REFEREE TRIED TO BE FAIR, THE JUDGE IN THE FAMILY TRIED TO BE FAIR, THE COURT OF APPEALS SAID YOU CANNOT BE FAIR BECAUSE THE MICHIGAN LEGISLATURE WILL NOT LET YOU...
THE STATUTE IS CLEAR AND SUPERIOR TO A COURT RULE
The statute represented a clear expression of Legislative policy on a substantive matter and the court rule must give way to the statute. Thus, the trial court erred in concluding MCR 2.612©) allowed it to abate defendant's child support arrearage. MCL 552.603(2) allows for the retroactive modification of child support from the date notice was given to the recipient of the support payments of the petition to modify support.
The Waple case talked about above was another case where the minor child lived with the parent who was ordered to pay child support. Why because of a law passed by the Michigan Legislature MCL 552.603. Before this piece of work was passed by the legislature child support could be changed because of a change in circumstances. The payee exercising custody when the judgement said other wise is a change in circumstance to change custody.
THE COURT OF APPEALS SAID THE COURT CANNOT BE FAIR OR EQUITABLE WHEN THE LEGISLATURE SAID THEY CANNOT.
PARTIAL MODIFICATION TO DATE OF FILING MOTION
Defendant was entitled to a partial retroactive modification of child support, effective March 7, 2006. Because it was not clear from the record whether he paid support since then or how much, the case was remanded for a determination of his support arrearage. Reversed and remanded.
The Michigan Court of appeals said the family court, the prosecutor in the juvenile court , the friend of the court has no responsibility to change custody and stop dads child support. We see this every day. It’s the same actors but because dad did not file a $20 motion he cannot get justice.
A DOOR LEFT OPEN
The defendant could pursue a civil remedy from plaintiff for her wrongful acceptance of child support when she did not have custody. Loack of notice of support orders may allow a constitutional due process protection
THIS CASE HAS BEEN MODIFIED FOR MEDIA PRESENTATION, LOOK AT ORIGINAL AND SEEK LEGAL COUNSEL.
–END–
Posted here by Terry Bankert ... 6/07/085
Family Mediation and Divorce Practice.
http://attorneybankert.com/
Join my political party of preference, http://www.michigandems.com/join.html
Join me in creating a new voice in The Michigan Democratic Party, become a Precinct Delegate.
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Sat Jun 07, 2008 3:48 am |
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terrybankert
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Sat Jun 07, 2008 4:53 am |
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terrybankert
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Sat Jun 07, 2008 10:58 am |
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terrybankert
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A SPLIT OF OPINION
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GOOD MORNING FLINT!
BY Terry Bankert 6/9/08
You are invited to join me at Face Book 1. http://www.facebook.com/people/Terry_Bankert/645845362
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Full article at http://goodmorningflint.blogspot.com/
Flint Talk
http://flinttalk.com/viewtopic.php?p=29895#29895
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BLOGGING FOR MICHIGAN
http://bloggingformichigan.com/
Great information from caring people in Michigan USA
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REFLECTIONS; In the context of a society that the executive branch started a war, which has killed over 3,000 Americans, based on lies, destroyed a national economy and has threatned the very existence of the American middle class.Why not judical activism. In the context of a national legislative branch, Congress, knowing the above AND could not stop it nor meaningfully oppose it. AGAIN I ASK WHY NOT JUDICIAL ACTIVISM! [TRB]
RIGORUS ENFORCEMENT UNTIL THE LEGISLATIVE BRANCH CHANGES THE LAW!
“Let me not be understood as saying that there are no bad laws, nor that grievances may not arise for the redress of which no legal provisions have been made. I mean to say no such thing. But I do mean to say that although bad laws, if they exist, should be repealed as soon as possible, still, while they continue in force, for the sake of example they should be religiously observed. “ Abraham Lincoln (1809-1865)
THE LAWS ARE BAD AND THE ENFORCEMENT UNFAIR
The United States is a nation of laws: badly written and randomly enforced.
Frank Zappa 1940-1993
CHALLENGE BAD LAWS
I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law.
Martin Luther King 1928-1968
THE LAW IS FLUID AND CHANGING AS SOCIETY CHANGES
The law is not so much carved in stone as it is written in water, flowing in and out with the tide.
Jeff Melvion Northern Exposure, Crime and Punishment, 1992
WHY NOT JUDICIAL ACTIVISM
Black's Law Dictionary defines judicial activism as "a philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions, usu. with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent."
http://en.wikipedia.org/wiki/Judicial_activism
WHY NOT JUDICIAL ACTIVISM
Posted here by Terry Bankert ... 06/09/2008
(If you like this article please forward to your friends, if not just keep it to yourself.)
Family Mediation and Divorce Practice.
http://attorneybankert.com/
Join my political party of preference, http://www.michigandems.com/join.html
Join me in creating a new voice in The Michigan Democratic Party, become a Precinct Delegate.
You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362
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see quotes and others above.
http://www.quotationspage.com/subjects/laws/
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Mon Jun 09, 2008 4:43 am |
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Dave Starr
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| Are we a nation of laws based on the Constitution? Or, should we base out laws on the whims of whatever judges are in office at any particular time? Seems like the second option would result in chaos, with laws changing whenever court majorities change. |
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Talent does what it can. Genius does what it must. I do what the voices tell me to do.
45ACP: Don't leave home without it. |
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Mon Jun 09, 2008 7:11 am |
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