Judge orders Rep. Walsh to explain child support

[brooklynite]

Source: USA Today


A Chicago judge today ordered U.S. Rep. Joe Walsh, R-Ill., to explain why he's $100,000 behind in his child support payments.

Walsh, a Tea Party favorite, was not in the courtroom when Cook County Circuit Judge Raul Vega issued his ruling. When Vega asked why Walsh wasn't present, the Chicago Sun-Times reports that his lawyer responded, "Mr. Walsh is a U.S. congressman."

"Well, he's no different than anyone else," Vega is quoted as saying.

Walsh, a freshman lawmaker elected in November, and his ex-wife, Laura, have been embroiled in this child-support dispute for years. The dispute made national headlines after a Sun-Times report came out as Congress and the White House were negotiating an increase to the debt limit.

Read more: http://content.usatoday.com/communities/onpolitics/post/2011/09/joe-walsh-child-support-tea-party-judge-order-/1

---

Damned activist judges...

[frazzled]

1. Yeah, read that earlier: the guy is really in trouble now

He can either show the cancelled checks or go to jail. His wife doesn't have to prove he didn't pay. He has to prove he DID.

I like Judge Vega. I hope he's one of those Circuit Court judges I voted for in the last elections. There were like 50 of them.

[Warpy]

16. I love it when a judge I voted for makes a rational call, too

and I like Judge Vega from a distance.

Walsh just doesn't realize he doesn't owe this money to his wife. She has a good job and can take care of herself. He owes this money to his children and they can't take care of themselves, not yet.

It's amazing how many non custodial parents don't get it.

[CaliforniaPeggy]

2. Thank God for those damned activist judges!

:P

[HowHasItComeToThis]

67. ARE THERE ANY HONEST REPUBS???????

[hue]

89. No n/t

[Kennah]

3. I know. Right. Seriously.

Where does Judge Vega get off thinking that a Teabagger, doing the Koch's bidding, is as equal under the law as everyone else?

There are many different degrees of equal before the law.

He's probably a Gay Marine, and Secret Muslim, from Kenya.

:sarcasm:

[Faygo Kid]

4. More "family values" from the GOP. Lots of that around today.

Wonder if he's got a good jump shot?

[Hugabear]

50. More "personal responsibility" from the GOP.

Oh wait...they mean for everyone else, not themselves.

[Seedersandleechers]

5. 4 weeks ago I messaged Joe on facebook

and asked him why he hasn't paid his ex-wife the $100,000 back child support. Joe never messaged back - I guess he's just not talking.

[rpannier]

31. He'll probably claim it's a gotcha question

[dogfacedboy]

53. I've been locked out of Shmoe Walsh's Facebook pages.

I dared to ask questions about his dead beat dad status.

[Bake]

6. Walsh's lawyer is as big an idiot as Walsh is.

The judge's ruling was a "technicality?" That ruling is a COURT ORDER, counselor, not a technicality. I can't wait until the next time you appear in that judge's court.

Walsh will file papers setting forth HIS position? Sounds to me like that's a day late and $100K short. Instead of filing a brief, counselor, you'd better be filing the canceled checks.

:rofl:

Bake

[Booster]

7. Nothing would make me happier than to see this total asshole

have to go to jail - nothing. I really dislike this man.

[DesertFlower]

10. i agree. nt

[Auntie Bush]

23. I'd tell you my opinion of him, but it's not very lady like!

In short...I hate him, really, really hate him. That's about the nicest thing I can say.

[Booster]

33. I always expect his tongue to flicker, like a snake's. I also think

he's dumb as a box of rocks. But, in his case, dumb is dangerous for the country. We can hope that his present "little problem" will cause him to have to resign cause he'll be going away for awhile to think about what he's done.

[Muskypundit]

8. I really dont get how he has got away with this for that long

Anyone else would be thrown in jail by now. Even with the judges ruling, they are still being AMAZINGLY lenient on a guy who is probably the BIGGEST deadbeat they have ever SEEN go into their courtroom. Literally. A HUNDRED THOUSAND DOLLARS. People get tossed away a lot sooner for a helluva lot less.

[Thor_MN]

24. It's mind numbingly simple

(I have a sibling on the short end of a similar stick)

1. Get job while "forgetting" to mention you have a child support judgement against you.
2. Collect paychecks while waiting for your ex-spouse to figure out where you are working/get to the top of a very long list of people looking for child support payments from your deadbeat peers.
3. When Social Services finally catch up to you and create an order to garnish your paycheck, quit.
4. Repeat step 1.

Easy.

[russspeakeasy]

28. My daughter is in a similar situation. and

:evilgrin: you have the recipe exactly right.

[uppityperson]

42. #5, when your wages are finally garnished, complain that your ex has ruined your job reputation.

[happyslug]

68. Constitutional Issue, The US Constitution FORBIDS arresting Congressmen while servinvg

Article One, Section 6, Second Sentence:

The Senators and Representatives... They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

http://www.usconstitution.net/const.html#A1Sec5

In simple terms, until the Congressman returns to his home district he is safe from arrest from this Judge for being in Contempt of Court. On the other hand, once home he can be arrested.

[louis-t]

82. I know a guy that was $1,000 behind in the '70s.

He actually took money from someone I worked for that was supposed to go toward equipment purchase to pay his child support so he wouldn't go to jail.

[GentryDixon]

9. It is time for these scumbags to

face the consequences of their disgusting hypocrisy.

Family values my ass.:puke: :puke:

[KansDem]

11. Judge: "Explain child support!" Walsh: "What's that?"

Reagan, on my shoulder, makes me happy!

[SoapBox]

12. Dirt bag...scum ball...DEAD BEAT...

So many descriptions...so little time.

[murielm99]

13. Put him in jail.

They put others in jail for not paying child support. Put him in there, too.

[BR_Parkway]

52. Isn't there that little piece in the Constitution about not being subject to arrest

while Congress is in session? Separation of powers would trump an order for arrest at this point in time.

[polmaven]

62. Indeed there is...

Article 1, Section 6:

They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

Any arrest will have to wait until they are not "in session". That raises the question, of course, if, lately there has been no recess actually declared, can he even be arrested while he is at home on the unofficial recess? I don't know the answer to that.

[murielm99]

77. I forgot about that.

Since they have been staying "in session" to block President Obama"s appointments, it may be impossible to arrest him. But is the House in session? I thought the senate was staying in session to block appointments. Does anyone know?

Even if he can avoid jail on this technicality, it is only a matter of time before he has to pay up and answer for this. I can't wait to see the outcome. At the very least this teabagger will lose his seat.

[polmaven]

79. And when he loses his seat -

THEN he can be arrested and thrown in jail where he belongs. Wouldn't that be the perfect (and legal) "double jeopardy"??? :bounce:

[notadmblnd]

87. Don't they adjourn daily?

Sounds to me that the law says while he is attending the session in the house of representatives. If he's done working for day, say relaxing at home or enjoying cocktails after work- I'd say he could be arrested. No?

[polmaven]

88. They may adjourn,

but they do not go into recess, which, I believe, means they are still "in session".

[Guilded Lilly]

14. Marionette Mouth Joe...ANSWER the question, pal. Then go far far away.

[cstanleytech]

15. Walsh should resign, he is a disgrace as a father and a congressman.

[rasputin1952]

34. He's also a disgrace to humanity...n/t

[PatrynXX]

37. actually something worthy to resign over

forget sex. how bout family values...

[Oldtimeralso]

38. GOP family values

end at moment of birth!

[beac]

17. I'm sure Walsh just thinks his kids should

pull themselves up by their own bootstraps!

:puke:

Hope that POS gets serious jail time.

[fascisthunter]

18. dirt bag

[They_Live]

19. Wouldn't that be

Contempt of court?

[gateley]

20. His attorney refers to Walsh as The Congressman, she refers

to his former wife as Laura.

Eww.

[Swede Atlanta]

21. Jail!!!!!!

He needs to get a big bubba boyfriend at the Big House

[Glimmer of Hope]

22. Why is still in Congress? Please tell me he will be booted out

if he loses his case.

[dogfacedboy]

54. If not, he'll be gone soon enough.

His district changes with the next election due to redistricting. He'll get his ass booted at election time. Lot's of buyer's remorse, even among the mopes who voted for this clown in the first place.

[CTyankee]

25. Effin' criminal...nuff said...

[provis99]

26. this is a delightful day for schadenfreude, indeed!

first, the revelations about Palin having affairs with basketball players and snorting cocaine off an oil drum, and now Walsh getting in deep shit.
Schadenfreude is splendid!

Schadenfreude quote of the day:"It is pleasant, when the sea is high and the winds are dashing the waves about, to watch from the shores the struggles of another..."-Lucretius
It is pleasant, indeed!

[russspeakeasy]

27. Best news of the day.

:evilgrin:

[sarcasmo]

29. If MR. Walsh were in Michigan he would already be in jail .

[plumbob]

47. He'd be in jail in Texas, too.

6 months behind - to jail until you are completely caught up. More than 2,000 staff members work in the Attorney General's office doing nothing but collecting past due child support by all means.

[barbtries]

58. what i don't get about that

is how is a person going to get caught up if he or she is in jail??

[sarcasmo]

60. The jail holds them for awhile, releases them and collects fines.

They just keep getting further and further behind. I have a friend who makes about 10 bucks an hour and is in his 50's and will die owing child support. The only way for him to ever be caught up is by hitting the lottery.

[barbtries]

66. yeah, jail for a dick like walsh

sounds like justice. for a poor parent it's draconian imo. it won't get money or parenting for the children if the parent can't work. it really seems as if it would be counter productive. at least when applied to people who are doing their best to meet their obligations, for those who deliberately skip out that's another story. the hope i guess is that as applied it is productive and helpful to families.

[plumbob]

73. Time to see how your credit is or how much your rich old uncle loves ya.

You've been living on your kid's money. Stop stealing and pay it back.

Amazing how often thousands of dollars come flying out once they're in jail.

[barbtries]

81. do you know that from personal experience?

i think i heard that from a sheriff or a judge on the radio. like i said, the hope on my end is that this punishment is only applied where the failure to pay is willful, and where incarceration is not just going to make it that much harder for the delinquent parent to get the funds.

[plumbob]

83. My former boss, a school principal, was jailed for 6 months to make

up $15,000 in support. That's when he lost his job.

He cashed out part of his retirement to get the money, finally. He's a carpet salesman now.

[happyslug]

70. He would NOT be in Jail, in any state, his arrest is FORBIDDEN by the US Constitution.

Article One, Section 6, Second Sentence:

The Senators and Representatives... They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

http://www.usconstitution.net/const.html#A1Sec5

In simple terms, until the Congressman returns to his home district he is safe from arrest from this Judge for being in Contempt of Court. On the other hand, once home he can be arrested.

[TexasProgresive]

30. Judge Vega, send Illinois marshalls to DC to pick up Walsh and bring him in!

This fool thinks he has immunity - WRONG!

[happyslug]

69. The Judge can NOT order the Congressmen's arrest, it is forbidden by the US Constitution.

Article One, Section 6, Second Sentence:

The Senators and Representatives... They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

http://www.usconstitution.net/const.html#A1Sec5

In simple terms, until the Congressman returns to his home district he is safe from arrest from this Judge for being in Contempt of Court. On the other hand, once home he can be arrested.

[TexasProgresive]

80. So as long as he's on the lam in DC he can thumb his nose at Vega

That means he can't come home to cozy up to his constituents. He he doesn't get reelected he's fair game no matter where he is. OK by me.

[happyslug]

84. That is how Adam Clayton Powell Jr did it in the 1960s

In the late 1960s Adam Clayton Powell Jr had lost a Slander lawsuit against him in his home state of New York. To avoid arrest, for New York permitted arrest for non payment on a Judgement, he stayed away from his home state. He stayed away from his district to avoid arrest, but that did NOT prevent his re-election (He was expelled from the house for other reasons).

In fact he not only won the election to replace himself after he was expelled, he won the 1968 election for his seat. In 1969 the US Supreme Court ruled the expulsion unconstitutional, but the next June, he lost the 1970 Democratic Primary to Rengel (Who still holds the seat). Not only did the Democratic Party wanted Powell gone, so did many of his constitutes do to the fact he actually had NOT served since the 1967 expulsion and the district, while still predominately African American, had also become one of first places for high income people to live in. This later group was more comfortable with Rengal then Powell (Powell was in your face, I am an African American and will oppose discrimination, as opposed to Rengel, who was more into the financial affairs of America, while still standing up for the rights of his constitutes).

More on Powell:
http://en.wikipedia.org/wiki/Adam_Clayton_Powell,_Jr.

[armodem08]

32. Convenient he wasn't there...

So let me get this straight. He can't be in Washington for Obama's speech, and he can't be in Chicago for his own court hearing. This guy's slimy as a snake!

[Tx4obama]

35. Here's a link to an article with additional info and a copy of the filing

Judge Orders Joe Walsh To Prove He Doesn't Owe Back Child-Support
http://www.huffingtonpost.com/2011/09/14/judge-scolds-rep-joe-wals_n_962633.html

p.s. A copy of the filling is also on the above link.

[salin]

36. Zero "personal responsibility" in this case.

Proves the teaparty really doesn't care about personal responsibility. More enthralled with blood an Mammon.

[Hubert Flottz]

39. Judge Vega must think that Walsh's kids don't just have a...

right to be born, but that they have a right to a better life than their deadbeat dad has provided so far.

I hope he issues a contempt citation ASAP.

[RoccoR5955]

40. I'm expecting that Boner will pin a medal on him,

rather than call for his resignation. It's okay to do this kind of stuff, if you're a teabagger.

[tropicanarose]

41. That guy is such a repulsive joke. It will be wonderful to take back that seat.

[dogfacedboy]

55. Tammy Duckworth will be running against this deadbeat.

[orbitalman]

43. Damned Activist Judges.........

:sarcasm:

[EndElectoral]

44. Not sure why his income isn't attached, a lien placed on assets,and his Driver license revoked

I worked in Child Support. There are enforcement remedies, even issuing a bench warrant and making him appear before that judge.

It sounds to me he is being treated prefretially because in fact he is a US Congressman. These remedies would be applied to Joe Average, and certainly anybody with that big an arrearage would be hauled in directly. Either that or Illinois is backward in child support collections.

[Deep13]

46. Can the state court attach Federal income?

I don't know. I worked in CS enforcement briefly, but that never came up.

[plumbob]

48. Yep. My daughter's ex had his Marine wages garnished.

He got two months behind, and she asked the Attorney General's office to help. They did and no charge. He had to pay all the court costs.

[happyslug]

74. That has ONLY been permitted in the last 20 years, prior to that it was forbidden

Until Congress pass a Law permitting attaching of FEDERAL WAGES for Child Support, such attachment was NOT permitted. That was the law from the first time the US Supreme Court ruled on the issue right after the Civil War, till Congress changed it about 20 years ago.

Federal Law STILL forbids attachment of any Federal money UNLESS their is a Federal Statute permitting such attachment. In most cases Congress has permitted the same attachment of federal incomes as permitted under State law for State wages. One clear exception is Military wages for Child and Spousal Support.

I have looked, but not that hard, and could NOT find any FEDERAL LAW, extending such attachments to the wages of Congress. If that is the case, and I think it is, Attachment is NOT permitted for the Federal Law permitting attachments are viewed as exceptions to the General Federal Law of no attachments of Federal wages being permitted. In simple term, unless you come under one of the Exceptions passed by Congress over the years, if your source of Income is from the Federal Government it can NOT be attached.

[EndElectoral]

49. Yes. They can even go after federal tax refunds, or freeze and seize accounts in some states..

It'll be interesting to see how this arrogant SOB gets away with this.

Here's a high profile guy they got in Illinois.

"Tyrone Nesby, a former NBA player, was recently sentenced in an Illinois federal court for failure to pay child support. The 34-year-old Illinois native was sentenced to five years' probation for disregarding his child support obligations. He is also required to pay almost $1 million in amounts he owes to support his children.

Nesby played with the Los Angeles Clippers and the Washington Wizards during his three-year professional career. However, when he began his professional basketball career in 1999, he also began to disregard his child support responsibilities. He was actually accused of failing to pay child support in Nevada, Indiana and Illinois.

Nesby pled guilty and has agreed to pay the unpaid child support in all three states.

The judge who heard the child support case recommended that the NBA player speak to school-aged children in poor areas about the importance of family. Hopefully, Nesby will take this suggestion to heart and will come to understand that the financial support he provides for his children is important and necessary for their care and well-being.

Illinois parents who are struggling to care for their children without the financial support of the other parent should know that help is available. This case exemplifies how court-ordered child support can be enforced through the family law system if a parent fails to make child support payments in Illinois."

[EndElectoral]

51. A little more info on this case from HuffPost

A congressman from Illinois has been embroiled in a headline-grabbing child support dispute for the past week or so. Joe Walsh, who represents the state's 8th District, meets the stories with accusations of political backlash. Court documents from December show that Rep. Walsh owed $117,437 in child support payments to his ex-wife. The 8th District includes portions of Lake, McHenry and Cook counties.

What caught our attention in the story was a statement made by Walsh's attorney: "e's had no more problems with child support than any other average guy." So we would like to put politics aside here to look at the actual support issues.

The couple separated in 2002 after 15 years of marriage. They have three children. He and his current wife have five children, according to his campaign biography. Also according to that bio, before his narrow victory in last fall's election, Walsh worked for an investment banking firm.

In court filings, Walsh's ex-wife contends that he made partial child support payments between November of 2005 and March of 2008. That was the last she saw.

Between 2008 and 2010, what she did see were two international trips, a personal loan to his campaign and allegations of campaign fund mismanagement from former staff members.

The loan appears to be most troubling. The aspiring congressman wrote a personal check to his campaign for $35,000 while simultaneously telling his wife he couldn't afford the support payments. Almost half of the loan has been repaid, but she has yet to receive another payment.

The allegations from campaign workers include that Candidate Walsh failed to disclose a home foreclosure and traffic citations to his potential constituency. One worker sued for $20,000 in unpaid wages.

Walsh's attorney doesn't address these last issues, but he does deny that Walsh is in arrears or in arrears as much as his ex-wife claimed in her court filing. Walsh himself objected to the press latching onto stories about a court case filed eight months ago and a marriage that ended eight years ago.

The Walshes were reportedly getting close to a settlement as long ago as February.

When you look at the facts, the case does look like so many child support disputes. The question is, though, why didn't he ask the court to modify the support agreement if he honestly couldn't afford the monthly payments?

In the end, to misquote F. Scott Fitzgerald, politicians really aren't that different from you and me.

Source: Huffington Post, "Joe Walsh sued for more than $100,000 in child support," July 28, 2011

[Deep13]

45. personal responsibility nt

[mercuryblues]

56. he could quite

possibly be screwed. I read the 1st 1/2 of the filing. There seems to be a discrepancy between what he showed his wife for income and what he reveal on his financial discloser for congress. Then there is that 35,000 he 'loaned' his campaign. If he was so broke he could not support his kids, where did the money come from. There should be an ethics investigation into that.

From what I understood, he has to pay a percentage of his investments to his kids over and above the set dollar amount. Walsh could owe MORE than what is being requested. He better not piss of the judge. Walsh and his lawyer don't seem to understand that. I hope they never understand that.

[Sarah Ibarruri]

57. SUCH a caring father! Wow. Tho I can't say I'm surprised. It IS a Republican after all nt

[catbyte]

59. Glad the judge was so underwhelmed by the "US Congressman" LOL

[SammyWinstonJack]

61. Anyone else would be behind bars, at least in this state, Texas, they would be.

No excuses, none.

[happyslug]

71. He would NOT be in jail in ANY state, his arrest is FORBIDDEN by the US Constitution.

Article One, Section 6, Second Sentence:

The Senators and Representatives... They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

http://www.usconstitution.net/const.html#A1Sec5

In simple terms, until the Congressman returns to his home district he is safe from arrest from this Judge for being in Contempt of Court. On the other hand, once home he can be arrested.

[Bluenorthwest]

63. Has the President or any of the other 'Marriage is a Sacrament'

crowd issued a statement as to what went wrong with the 'sanctity' in the case of one man and one woman named Walsh? If each of their 'Unions' is 'hand crafted by God' and carries a 'sanctity' that no same sex couple could ever, ever obtain, then what is with this 'I do not support my children' bit, and the lawyers and all? Are lawyers always involved in 'sanctifications'?
I wish someone would ask the President about what he thinks happened with the Walsh Sacrament. Did God somehow mess up the process? Why did this 'sanctity' go so very wrong? Where, in fact, is God in this mix?
The President' bullshit about sanctity seems to be made up crap without any supporting facts.

[Ikonoklast]

85. What are you babbling about?

You are so desperate to blame President Obama for everything, even Joe Walsh being a deadbeat dad?

Amazing.

[Hestia]

64. Think they'll garnish his check like they do to/for the average dead beat dad?

Too funny, a Congressman having their check garnished... :)

[auburngrad82]

65. "Mr. Walsh is a U.S. congressman."

It would have been more accurate for the lawyer to say "my client is an arrogant prick".

[happyslug]

72. And using that position to stay out of Jail, as he would be if he was NOT a Congressman.

US Constitution, Article One, Section 6, Second Sentence:

The Senators and Representatives... They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

http://www.usconstitution.net/const.html#A1Sec5

In simple terms, until the Congressman returns to his home district he is safe from arrest from this Judge for being in Contempt of Court. On the other hand, once home he can be arrested.

[Ikonoklast]

86. He can't use that dodge forever.

Walsh will soon be an ex-Congressman, and if he keeps ignoring the laws of this country, newly incarcerated convicted scofflaw Joe Walsh, the ex-Congressman.

[the_chinuk]

75. "Because he's a US Congressman"? And they accuse liberals of being elitist? k/r n/t

[RaleighNCDUer]

76. "Well, he's no different than anyone else," Vega is quoted as saying. WRONG

He makes a shitload more money than the average person, and that makes him quite different.

Our oligarchy has different rules for the rich.

[femrap]

78. Put the asshole

in jail. Don't they do that anymore?