Season 1-Episode 5 - Know Your Rights OR Lose Them (Stop Fear and Build Confidence)

Chris H  0:06  
In today's session, we will talk about rights. Everyone runs around saying they have rights, they always have rights with state rights or constitutional rights. So let's get back to the beginning of rights. The framers of the Constitution, says Thomas Jefferson, that once in a while, that the people need to exercise their rights by letting the government know that they have those rights, and they can exercise them.

He also went on to say that if there's any resistance, that the people are the one that preserve those rights. And again, remind the government that they have those rights. Benjamin Franklin said something very specific. He says, If you give up essential liberties just entertain temporary safety, then you don't deserve any Liberty at all. Hi, my name is Chris. 

On this channel, we provide information on the Child Support Agency, and how the statutes and the code comes into conflict with your rights. Our channel provides an education on the law, both public and private review case laws, precedent statutes regulations, we also provide templates, summons and motions. So let's begin. When most people comes into contact with the Child Support Agency, they start off with what is called the acknowledgement of paternity. Now we have a video in our series that talks specifically about this, but I will just cover it here if you want to know more. 

Now at the end of this, I will also give you what is called a call to action. Now, when the obligor father comes into contact with Child Support Agency, here's some of the agreements that you agree to as a father, in this case, the child support calls you an obligor. First of all, after 60 days, you agree that you will make all payments to the Child Support Agency. That includes liquidating your personal assets, your investments, your retirements. 

You also agree that they will bypass the constitutional courts which are called article three courts and proceed with what is called civil prosecution. Next, if all of that fails, then you accept a civil warrant and arrest and go directly to jail for less than one year. The Ninth Circuit says after reviewing all the evidence that the title for the program does not benefit the children or the custodial parent. 

And therefore the only responsibility for the agency under the secretary of the state is to aggregate all the services, but not whether the needs of any particular person has been satisfied. And the case is called blessing versus Freestone. Here's the question in terms of your rights. Do you believe what the Ninth Circuit have said? When you were summons to child support? Do you go there? And do you bake and argue with them? Do you agree to be guilty on the record if they say that you didn't pay the child support? And you should be paying and what do you do and eventually you find yourself in jail. 

Now remember, the Ninth Circuit says it has nothing to do with your children. Well, on this channel, what we the question we ask you is do you want to be free of the Child Support Agency, this debt collection agency after all that this disenchantment, the failures? The disillusion when you go before these magistrates and judges administrator and you're fighting them on those issues? Are you frustrated by by those agencies? Well, what happens is you run out of excuses. There's no more excuses. However, do you just sit back? Well, I hate to tell you this, but doing nothing is not an option. Where there are rights. There are remedies. But the fact is, you cannot be asleep on your rights, as the Coleman versus Johnson case says you have to pursue your action.

Chris H  5:01  
Before the statute limitation is implemented, actions, meaning a lawsuit or complaint, you have to do that. But here's the reality check. If you sleep on your rights, and then all of a sudden you wake up to decide, oh, I have these rights under boroughs versus New Orleans, I'd like to exercise them. 

Well, that's where the problem is. Okay. On the Coleman versus Johnson, it says, you have to do this on the borough's it says, Well, you can't wait to do this. So the question becomes, what do you do? How do you do it? Well, one of the first things that is suggested by the courts is what is called challenge jurisdiction within the child support agencies. Now someone has challenged us, am I not before them? Yes, but you can challenge jurisdiction at any time. 

In New York, the Family Law Act 115 subpart. A simply states, the family court is of limited power. And therefore, it is necessary that jurisdiction in any particular case, must affirmatively appear on the record. That's the case of gardener versus domestic relations. So here's the thing. Here's the question must appear on the record. In any case, does that mean if you were before the court system for five years, you cannot challenge jurisdiction? 

Of course not, you can. In the case of ex parte young doctrine, if a child support officer or magistrate or judge, when you challenge jurisdiction, they decided, well, they're not going to grant you or at least put it on the record, they will be stripped of their official duties, and therefore you can sue them in federal court. That's pinares state versus holdeman. So you have a remedy. This is your remedy when you challenge jurisdiction before the family court at any time. So now that you have your rights, and you have to actively defend your rights, while the requirements, well, first off, you can sue in federal courts.

 But I've heard colleagues and people say, well, child support is a state agency, you know, stick with the state, state and federal, well, this is where understanding your rights are important. Under Khalid versus rose, it says you can bring an action in federal court, because both federal court and state courts has concurrent jurisdiction under Title 42, section 1983. And these other remedies. 

Now I have a video on filing a lawsuit and check it out, check it out on our channel, you will have more details. But further in Monroe versus Pat, if you start off in state court, you can change venue and move to federal court. Again, under Title 42. And you know no longer after exhaust what is called judicial remedies or administrative remedies. 

Many, many of the judges in child support says while you can exhaust your you don't have to exhaust anything as the state goes, these are your rights wake up. So now we've reached what is called our call to action. You have to fight for your rights. You cannot be asleep on your rights. 

You cannot wait until something happens to you till you go before the magistrate or child support before you exercise your rights. We have a video on this channel calls file a lawsuit, which you can we also have another video called defending your rights again, since you have to wake up and understand your rights, you also need to now understand how to defend those rights. So we suggest you check out those videos. 

So this brings us to the end of this end of this video. I want to thank you for listening today. And we're asking for a $25 gift or any amount to our paypal account just to help us continue to do the research materials and also to select relevant documents and cases for your review. Because the outcome of all this is very simple. You have certain rights. They're in conflict with the Child Support Agency, and therefore you need to know what to do about it. So this is the end. So thank you very much and there are two links within this page here.

Chris H  9:59  
Please check them out and thank you