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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88777
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Im trying to find a way into federal court does as small town in Michigan does not f

Customer Question

I'm trying to find a way into federal court does as small town in Michigan does not follow the law. That's a longer story, that ends with methe only man in MI paying lifetime support which means all My social security goes to the ex-wife.
Now I have no children no court ordered child support but the FOC has a warrant out for me for nonpayment of child support. This lets them revoke my drivers license nationwide, which is a class A CDL professional which I need for work. I am hoping this move can get this into federal court. I have already spent a lot of money on attorneys in Michigan to no avail is some attorneys know this small county holds a lot of power over local attorneys. Can someone help
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under the US Federal Court rules there are only 3 ways to get to federal court. First, when there is a federal question. This means that there has to be a federal law violation involved or a federal constitutional law question. Second, is "diversity of citizenship," meaning that the plaintiff and defendant are in completely different states and the controversy is worth over $75,000. Finally, a disagreement between the states (which does not apply here).

The issue here is that family court matters are an issue of state's rights to control pursuant to the 10th Amendment of the US Constitution. Thus, if your lower small town family court in MI does not follow the laws in issuing a family court judgment against you, the recourse for you is to file an appeal to the MI court of appeals and then to the MI Supreme Court. However, this is not a federal statute or constitutional issue and it is not a diversity issue, it is a state's rights issue so I am afraid that while you want to get this family spousal support issue to the federal courts, I am afraid it simply would not qualify under the laws, but you DO have adequate redress to get away from the small town court by going through the MI appeals process to the higher level MI courts.




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Customer: replied 1 year ago.
It seems to me there is a couple doors open although for a clarification let me first say that I've been to the Court of Appeals although the first judge was on the Court of Appeals when it finally got there and that he had also has been appointed to the Michigan Supreme Court for a couple months I also filed a complaint with the judicial tenure commission. I strongly believe he violated my 14th amendment rights first off second the FOC is costing me over $100,000 a year by taking my license out of state that should be within your guidelines you gave. Not to mention that they're lying to do it. And I'm in another state trying to get my license.thanks for lisening.
Expert:  Law Educator, Esq. replied 1 year ago.
The problem is this case is already filed in the state court as well, you cannot file a new suit in federal court no matter how much you desperately want to do so.

If the judge that heard this case is on the appeals court and/or the supreme court in MI, then you can move to have that judge recused from hearing the appeal, and legally he has to recuse himself from participating in any appeals decision anyhow.

You have to proceed through the state's appeals process and then if you are arguing a due process violation from the MI Supreme court you can file your federal appeals issues to the US District Court. However, you have to first follow the regular appeals process.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88777
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Is it not defamation of character when they say I have a warrant for child support and you don't. Is a faults warrant not illegal. is not a violation of my 14th amendment rights when the judge sees no evidence and only takes hearsay as evidence.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up. These are both good questions, but ones that are arguable not as a constitutional right issue, they are issues that are rules of evidence and procedural issues as well as a common law tort issue of defamation which are all state law claims.

If the judge issues a warrant for your arrest, the judge actually has absolute immunity from suit for any action taken in the conduct of their jobs.

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