Supreme Court Judge Burke decision is the appearance of misconceptions of law

October 29, 2015 § Leave a comment

I could write all day and not put better words to how Social Security cannot be used in divorc cases than Kluck v. Kluck. Here is the link: Nothing on 407(B)

[¶30] The trial court included among the marital assets, and credited Marcia for part of her share of the marital property, a $10,659.00 lump-sum social security disability payment Marcia received in 1995 and soon spent. Marcia contends counting this amount as marital property violated the anti-alienation section of the Social Security Act:
The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
42 U.S.C. 407(a). In Olson v. Olson, 445 N.W.2d 1, 5-11 (N.D. 1989), we extensively addressed the effect of this federal law on the property division in a divorce case:
Although marital property is generally under state control, it is clear to us that Congress wants social security to be exclusively federally controlled. Congress preempted state divorce laws when it enacted its own scheme of social security benefits for divorced spouses. The anti-assignment and anti-legal-process provisions in the Social Security Act, with their specific allowance for spousal support, also promote federal uniformity and preempt state law.
We conclude that social security cannot be distributed or used as an offset in division of marital property. To do so would conflict with the federal plan and would violate the Supremacy Clause of the United States Constitution. Any change in the allocation of social security at divorce must come from Congress. Therefore, we affirm the trial court’s ruling that “[s] ocial security benefits of either party shall not be considered in this matter.”
Olson, 445 N.W.2d at 11 (footnote omitted). Compare Vitko v. Vitko, 524 N.W.2d 102, 104 (N.D. 1994) (trial court did not err in excluding military disability benefits and social security benefits from the equitable property division, while considering the disability income “so as to determine the financial circumstances of each party to the divorce”). We thus concluded in Olson that federal law prohibits counting social security benefits as marital property.
[¶31] Roger asserts Olson should be distinguished because it dealt with future benefits, while here the trial court held that benefits already received by Marcia were marital property. Roger argues:
As the Court in Olson pointed out, it is the future expectancy of receiving Social Security which cannot be transferred, assigned, or attached. It is the future benefits of Social Security which cannot be considered.
However, once a benefit is received in the form of cash it is no longer a future benefit. As cash money it is no different than any other money which might be in the bank as a savings or checking account. Having received the lump sum distribution the payment was transformed into an asset which the Court could properly consider for the division of property.
However, 42 U.S.C. 407(a) expressly shelters “moneys paid or payable” for the recipient alone. Any doubt about this was resolved by the United States Supreme Court in Philpott v. Essex County Welfare Board, 409 U.S. 413 (1973). In Philpott, a county welfare board sought reimbursement from a welfare recipient and attempted to reach a lump-sum social security disability payment that the welfare recipient had received and held in a bank account. The Supreme Court concluded 42 U.S.C. 407(a) barred reaching the funds in the account:
On its face, the Social Security Act in § 407 bars the State of New Jersey from reaching the federal disability payments paid to Wilkes. The language is all-inclusive: “[N] one of the moneys paid or payable . . . under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process . . . .” The moneys paid as retroactive benefits were “moneys paid . . . under this subchapter”; and the suit brought was an attempt to subject the money to “levy, attachment . . . or other legal process.”
Philpott, 409 U.S. at 415-416 (footnote omitted). The Court explained that “[t] he protection afforded by § 407 is to ‘moneys paid,'” and “the funds on deposit were readily withdrawable and retained the quality of ‘moneys’ within the purview of § 407.” Philpott, 409 U.S. at 416. The Court concluded that § 407 “imposes a broad bar against the use of any legal process to reach all social security benefits.” Philpott, 409 U.S. at 416-417; seealso Bennett v. Arkansas, 485 U.S. 395, 397-398 (1988). Thus, identifiable social security moneys in the hands of a divorcing spouse cannot be counted as marital assets to calculate divisions.
[¶32] Many other courts have agreed, concluding that 42 U.S.C. 407(a) protects identifiable social security benefits previously paid, as well as future benefits. See, as examples, Guidry v. Sheet Metal Workers National Pension Fund, 39 F.3d 1078, 1083 (10th Cir. 1994); In re Marriage of Knipp, 15 Kan.App.2d 494, 809 P.2d 562, 563-564 (1991); Hatfield v. Cristopher, 841 S.W.2d 761, 767 (Mo.Ct.App. 1992); Boulter v. Boulter, 930 P.2d 112, 115 (Nev. 1997). The trial court’s findings that Marcia’s social security funds were marital property and that those funds must be counted for Marcia as part of the marital estate were induced by an erroneous view of the law and are clearly erroneous.


Links to pictures

October 20, 2015 § Leave a comment

cartoons of the week
Illinois Policy Today at 11:14 AM

This week’s cartoons by Eric Allie.

Recipients of this email are free to republish and distribute Illinois Policy cartoons with attribution. Click here for high-resolution files.


The Appearance of one of the biggest Crooks in CROOK COUNTY IL. Thanks D.B.

October 20, 2015 § Leave a comment

0 Post a Comment
D brown main
Under investigation for well over a year for possible corruption, Cook County Circuit Court Clerk Dorothy Brown is facing more scrutiny from law enforcement, including a federal probe focusing in part on personnel decisions made by her office.

One source familiar with the case said the U.S. attorney’s office in Chicago has an active grand jury looking into Brown’s conduct, including loans she may have received from employees “in connection to employment.”

Another source relayed being interviewed by the FBI more than a year ago, saying, “They asked me about personnel stuff, was somebody paying for a job . . . why was this person promoted . . . pay to play.”

The revelations come as federal agents visited Brown’s South Side house last week and seized her county-issued cellphone, developments first reported by Politico.

Approached by a reporter at the Columbus Day parade this week, Brown dismissed questions about an FBI visit to her home and a federal investigation as “rumor” and the product of “political season.” She has consistently denied any wrongdoing.

The federal investigation appears to be an outgrowth of a probe by Cook County Inspector General Patrick Blanchard, who began investigating Brown following a November 2013 news story by the Better Government Association and FOX Chicago about a land deal involving Brown, her husband, Benton Cook III, and Brown campaign donor Naren Patel.

Patel gave a Near Southwest Side commercial building to Cook in 2011. Ownership of the building was then transferred to Brown’s consulting company, Sankofa Group LLC, which then sold the parcel in 2012 for $100,000 to a partnership affiliated with a Frankfort developer named Musa Tadros.

None of this was listed on Brown’s campaign filings or ethics statements, as apparently it should have been.

Not only did the inspector general start looking at Brown, the Cook County state’s attorney’s office and the Chicago FBI also joined in.

Tadros recently told a reporter he was subpoenaed a year or more ago to provide records and testify before a grand jury looking into the land transaction.

Tadros said he thought it was a state – not federal – grand jury. “It was about a year ago, I haven’t heard anything since,” Tadros said recently.

“I didn’t do anything kinky,” he said. “I actually overpaid [for the building purchased from Brown’s firm] and tore it down.”

Patel – who donated more than $85,000 to Brown’s campaign fund over the years and has a relative employed by Brown’s office as a high-level official – has since died.

More than a year back, the Circuit Court clerk’s office was subpoenaed by the U.S. attorney’s office for Brown’s “office emails on the office email system,” according to a source with knowledge of the request. However, after some back and forth between prosecutors and Brown’s office, the subpoena was never fulfilled, with the feds apparently backing off, the source said.

It’s unclear why — and whether the subpoena related to the land deal or something else.

Federal authorities declined to comment.

There has been another federal investigation, centered in Springfield, into how Brown’s husband, among others, ended up with anti-violence grant money from then-Gov. Pat Quinn’s administration. Investigators were looking into whether politics drove the distribution of grant money.

Despite having a felony conviction for a financial crime, Cook was paid $146,401 over two years to oversee subcontractors in the program, called the Neighborhood Recovery Initiative, records show.

Brown has been the subject of considerable attention by the media in recent years.

News stories have centered on, among other things, Circuit Court clerk employees donating money to Brown’s campaign. Brown also has encouraged employees to participate in a marketing business called 5LINX that Brown has been part of.

“Some employees had received emails from her” about 5LINX, said a former Circuit Court clerk employee.

The Circuit Court clerk’s office has endured past scandals. One of Brown’s predecessors, Morgan Finley, was convicted in a late 1980s bribery case and went to prison.

Over the years some have suggested eliminating the Circuit Court clerk position – at least as an elected job. The office is the repository of court records, and an enduring source of patronage jobs.

Brown, who is up for reelection in 2016, sought and received an endorsement from the Cook County Democratic Party in August, despite published reports that she was being investigated.

This story was written and reported by the Better Government Association’s Robert Herguth and Patrick Rehkamp, FOX Chicago’s Dane Placko and Chris Fusco of the Chicago Sun-Times. The BGA’s Katie Drews and the Sun-Times’ Jon Seidel and Mitch Dudek contributed. To reach the BGA, call (312) 821-9030 or

Why Does the EPA Need Guns, Ammo, and Armor to Protect the Environment?

October 10, 2015 § Leave a comment


Why Does the EPA Need Guns, Ammo, and Armor
to Protect the Environment?
Investor’s Business Daily, October 9, 2015
By Stephen Moore | Editorial
Click here to read Investor’s Business Daily editorial


Yesterday, in an editorial at Investor’s Business Daily, Stephen Moore showcased our new EPA oversight report.

Our OpenTheBooks Oversight Report is 40 pages and contains the hard facts of agency spending since 2000. Here’s a selection of findings…


1. If the EPA was one of the fifty states, where would it rank on annual budget? Last year, EPA would rank 42nd of the fifty states. In the last four years, EPA would rank as high as 38th.

2. If the EPA were a private law firm, where would it rank nationally? Last year, the 1,020 lawyers would rank EPA 14th largest in the country. In the last four years, it would rank as high as 11th.

3. If the EPA were a private foundation, where would it rank nationally? Ranked #1 – just since the year 2000, EPA has engaged in grant-making of over $72 billion. That’s twice as large as the total assets of the Bill and Melinda Gates Foundation and 20X the distributed grants!

4. What percentage of EPA employees received a performance bonus last year? Nearly 80% of all EPA employees received a bonus in FY2014. Furthermore, 70% of the workforce makes over $100,000 per year.

5. Why are the EPA “Special Agents” equipped with military-style weapons? The EPA checkbook discloses purchases of millions of dollars spent on “guns and ammunition up to 300MM,” “camouflage and other deceptive equipment,” “night vision,” “unmanned aircraft,” “radar,” “body armor,” “surveillance equipment,” “mobile GPS monitors,” and “joint projects with Home Land Security,” and much more…


EPA discloses $20.377 billion on contractual spending and $72.244 billion via grants-making.
An estimated $715 million spent on the Criminal Enforcement Program at EPA – including 200 “Special Agents.”
Grants under President Obama are up 36 percent and contracts are up 35.2 percent in the first six years of administration vs. Bush administration.
Nearly $1 billion since 2000 flowed into the Senior Environmental Employment Program – where retired or unemployed seniors use their ‘life-experience to protect the environment.’
$50 million in EPA grants to 61 International entities, including $1.229 million to China
$31.066 million in “Environmental Justice” grants – mostly on college campuses
$505 million in grants flowed to the North American Development Bank co-owned by Mexico and U.S.
EPA spent $48.4 million since 2005 on Herman Miller upscale furniture. Nearly $5 million on Knoll, Inc. furniture – 40 designs of Knoll are on permanent display at The Museum of Modern Art in New York City.
$6.6 million spent on joint Homeland Security Projects with EPA.
and many, many more facts on EPA spending…

Which businesses, government entities, and private organizations received EPA grants in your area? Click here to slice, dice and display the list of 103,041 grants by state, town, recipient, or amount at


Adam Andrzejewski (say: Angie-f-ski)
Chairman, American Transparency

Matthew Tyrmand
Deputy Director

P.S. Your help is needed today. Please make a tax deductible gift of $25, $50, $100, $250 or $500 today.

Download the Open The Books App click here

Legally kidnaped

October 10, 2015 § Leave a comment

Legally Kidnapped
Baby amongst children removed over Islamist radicalization fears
The state-sponsored kidnapping of children is not a dream – it’s Britain in 2015
Family questioned by social services after neighbour made false and malicious complaints about treatment of their son
Mother accused of abducting her children says son was sexually abused
Foster care still a concern
B.C. teen killed herself the day after she aged out of foster care
Does anybody want a kid?
Bill Would Protect Foster Children From ID Theft
Growing Number Of Children Being Removed From Families Over ISIS Fears
Woman who killed child in foster care set to be released
Foster Youth Medicaid Bill Has Seriously Flawed Reasoning
Baby amongst children removed over Islamist radicalization fears
Posted: 09 Oct 2015 12:47 PM PDT
Baby amongst children removed over Islamist radicalization fears

More than 20 children including one baby have been taken into care over fears they could be subject to extremist views and radical Islam at home.
The state-sponsored kidnapping of children is not a dream – it’s Britain in 2015
Posted: 09 Oct 2015 10:08 AM PDT
The state-sponsored kidnapping of children is not a dream – it’s Britain in 2015

Secretive family courts seize 10,000 children a year – and we don’t know how many adoptions are right or fair

Family questioned by social services after neighbour made false and malicious complaints about treatment of their son
Posted: 09 Oct 2015 10:04 AM PDT
Family questioned by social services after neighbour made false and malicious complaints about treatment of their son

Boy, 8, left traumatised after finding out James Connor had targeted his mum and dad for no apparent reason

Mother accused of abducting her children says son was sexually abused
Posted: 09 Oct 2015 09:24 AM PDT
Mother accused of abducting her children says son was sexually abused

A mother and driver were arrested following a reported abduction in Hartford and crash in West Hartford.
Foster care still a concern
Posted: 09 Oct 2015 08:22 AM PDT
Foster care still a concern

Highland County commissioners said during their Wednesday meeting that “some general fund money” will likely have to fund foster care services.

B.C. teen killed herself the day after she aged out of foster care
Posted: 09 Oct 2015 08:19 AM PDT

B.C. teen killed herself the day after she aged out of foster care

The day Carly Fraser turned 19, the troubled teen lost whatever foster care supports had helped her battle years of mental illness and addiction.
Does anybody want a kid?
Posted: 09 Oct 2015 08:06 AM PDT
Westchester Library Displays Faces Of Foster Children, Potential Adoptees

A traveling photo exhibit showing the faces of Westchester County children in need of “forever families” is on display this week at Greenburgh Public Library.

Bill Would Protect Foster Children From ID Theft
Posted: 09 Oct 2015 08:01 AM PDT
Bill Would Protect Foster Children From ID Theft

The state would run credit checks on children in foster care until they’re 21, not 18, under legislation awaiting a vote in a House committee. Angela Aufdemberge is president of a girls home called Vista Maria. She says she’s seen, time and time again, foster children having to manage the repercussions of having their identity stolen.

Growing Number Of Children Being Removed From Families Over ISIS Fears
Posted: 09 Oct 2015 07:39 AM PDT
Growing Number Of Children Being Removed From Families Over ISIS Fears

A growing number of British children were taken into local authority care this year over fears that they or their families planned to join ISIS in Syria, a leading judge said on Thursday.

Woman who killed child in foster care set to be released
Posted: 09 Oct 2015 07:05 AM PDT

Woman who killed child in foster care set to be released

Fresh heartbreak and frustration for the family of a 4-year-old Dorchester boy who was brutally murdered by his foster mother. The high-profile case devastated the community, back in 2006. And it also shined a light on the failures between the Department of Children and Families and foster care agencies.
Foster Youth Medicaid Bill Has Seriously Flawed Reasoning
Posted: 09 Oct 2015 06:43 AM PDT
Foster Youth Medicaid Bill Has Seriously Flawed Reasoning

allow me to make a substantial correction to the reasoning behind this legislation to provide foster youth Medicaid.
Posted: 09 Oct 2015 06:23 AM PDT

Manitoba’s child-welfare system is being called a “national disgrace” as the province continues to come under fire for having more than 10,000 children in care.

Time has past much research has been compiled! Great News she’s GONE!!!!!

October 10, 2015 § Leave a comment

Although we are not in legislative session, that does not mean that we do not have opportunities to look for change to the crap we call family law.

1. The Child Support Advisory Committee meets on Tuesday, October 20, 2015, 1:30 PM – 3:30 PM. The meeting is video conferenced between Springfield and Chicago. For those new to my list, these are the clueless clowns who decide the formula for child support in Illinois. Although their outcomes are not what we like to see, we have made our presence known. Generally, we have vocal advocates who make their positions known onto the record. In the past, we had no public comment period available to us, and no official record. Now they know we are there, we are better informed than them, and we are not willing sheep going to the slaughter. There is some other good new, rumor has it that Diane Potts has left. For those who attend, she is the well-known man-hater (and if you are a woman paying child support, you are collateral damage for her.) Here are the locations for the meeting.

401 South Clinton, 1st Floor (Note the floor change), Conference Room
Chicago, IL 60601


509 South 6th Street
5th Floor Video Conference Room
Springfield, IL 62701

2. There is a local Chicago area (FREE) picnic – Cook County GOP Picnic – with elected officials present. If you went to the one 6-8 weeks ago, Governor Rauner attended, spoke for about 20 minutes – mostly offering his insight of the evils of lawyers in Illinois, and was available to speak with us. This is not to say he will be present at this one. He has lots on his plate. But you have to sign up. Here is the information.

Hope to see you there.

Now is the time to plant the seeds with politician before the elected officials go down State and are too busy trying to solve the budget and pension crisis.

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