Michael S. Bent v. Cheryl Strange, et al.
AdministrativeLaw Arbitration SocialSecurity ERISA DueProcess Takings FifthAmendment
Does the federal classification of 'noncustodial parent' under Title IV-D of the Social Security Act violate due process?
QUESTIONS PRESENTED FOR REVIEW Title IV-D of the Social Security Act provides for federal “incentives payments” to “appropriate courts” . paid via state agencies when the incented court assigns support obligation and the state agency classifies the obligor as a Title IV-D “noncustodial parent” (“NCP”). This discriminatory federal classification is undefined but comes with hideous federal burdens under Title IV-D. , 4. Lacking federal definition for the Title IV-D noncustodial parent, may a state agency classify an obligator parent as a Title IV-D noncustodial parent for the agency to earn federal grants? 2. Does payment of federal grants to incented courts predicated on their rulings on Title IV-D cases inherently disturb this Court's objective test for impartiality and provide adequate basis -for federal courts to impose strict scrutiny review to adjudicate claim that payments to state courts against Bent’s Title IV-D case violate his right of Due Process? 3. Absent adequate evidence of statutory violation or action under parens patriae power, may Clark County alienate Bent’s personal = property _—without compensation, and is action for compensation available under 42 U.S.C. § 1983 given Clark County lacks adequate compensation remedy? 3 oe .