Season 1- Episode 9 - Modification STRATEGIES To Consider During this PANDEMIC. Suggestions to Separate.

Chris H  0:04  
Welcome. At the time of this recording, the whole world is in a quarantine as a result of a flu like symptom called COVID-19, or the Coronavirus. So in this session, this recording is to ask what are the strategies you could do while you may be at home or being asked to stay at home regarding child support. And as always, as we're saying during this difficult time, don't panic.

Chris H  0:42  
Right now, as of this recording, we are in what is called a global pandemic, under a new virus called COVID-19, which is a flu like symptoms is affecting the global markets. Some of the ways to avoid getting the virus or being transmitted is to wash your hands. In some cases, you can wear a mask, but one of the key strategies they're talking about is practice social distancing. And again, don't panic. It's being handled by the government agencies. 

In this session, which is a very important session, even though we consider all our videos important, we're going to talk about some of the strategies that you can employ while you may be at home. And also that you're on child support. Let's get started. Here we are at our non lawyer Maxim, which is, we're going to cover a few laws within this presentation. And as we've said, Before, we can teach you or show you what these laws aren't give us give you our opinion. 

As we, the world go through this global pandemic, as a result of the covid 19 virus markets around the world are basically plummeting. Investors are panicking, they're doing sell offs in many countries, London, Europe, America, but through all of this are saying, don't panic, because the government will Institute some sort of package or rescue package or a bailout package that would help stem the loss of these global markets. 

Well, if you're on child support, history have shown based on this chart, that no matter what was going on in the market, and what was going on in the world, child support arrears continue to increase, as the church has even in a 2008 2009 fiscal crisis that we've had arrears increase. So what when I was putting this video together, I said, What can you do to stop or slow down the rears we have a section called call to action, where we'll discuss strategies and tips. That's what we're presenting here in the video. And what we're saying is, it is time to look at filing a motion for a modification or termination of your child support. And we'll talk more about that at the end of this video.

Chris H  3:31  
Okay, so let's get started here. So arrears is what is known as you get a child support order, but they have what is called differences which are called the rears. Now, we all know on the channel that arrears are made up, it's all based on numbers that are imputed. But what I want to bring attention to is that if you are a non custodial parent of usually a father, and you fall behind in child support payments, and they start to increase your rears, it cannot be reduced. And the federal law for that is 466. Section A nine, where it says federal law prohibits retroactive modification of child support orders. 

What it is, is if you do not prevent this from increasing, there is no law that permits to go back and do what's called a retrofit even if you have a legitimate excuse of why your arrears should not be further increased or eliminated. And as we go through this global pandemic, with arrears, there are steps that you can take in order to stop or eliminate the rears, but I want to point out that is a federal law that you cannot retroactively go back and reduce tears. So let's look at 45 CFR three or 3.106 what is called procedures for A modification. 

And what it says here on the screen is you must apply for a modification, it must you must have a date, you must have a notice for that position, and it must be given directly to the agent that is a child support agents or the court. And this is a function of either administrative law or judicial law. And that is 303106 says you must apply for a modification in order to be considered as a federal law says you cannot retro actively go back and take a deduction for arrears. Next is 45 CFR 205. point one zero, which is the hearing. As you know, the child support is a single state agency responsible most of the hearings across all 50 states. And it says here in this statute that an evidentiary hearing is as of right, and it can be appealed. What is that is if you ask for a modification hearing, it must be granted to you. And if you disagree with the results of that hearing, it can be appealed. 

Now in order to get a hearing, you have to meet certain with this goal of due process requirements. I like the case law, Goldberg versus Kelly. And we'll talk more about that. But further into the hearing, the hearing of which you must apply for if you want a review of the modification can be done face to face, or by telephone. Again, your request for modification can be done face to face, or by telephone. And the if you request a modification, you can have it done by of course, you'll have the Sixth Amendment right to legal counsel, if you choose to use an attorney, you could do a relative or friend of the court, as well as you could represent yourself. And again, that's under this statute. 

Right? So you have a right to a hearing, if you want a modification, and what I'm suggesting in this video is that you request it by phone by telephone, because as we go through this pandemic, an in Face Face to face hearing may not be possible. And that could delay your motion for modification. But if you request by phone, you're more likely get an earlier court date, or administrative court date. We have a video call Know Your Rights. This is where you have to understand your rights.

Chris H  7:48  
Let's look at Goldberg versus Kelly, which I mentioned that's in the statute about the due process requirements for hearing. As Goldberg the decision and Goldberg said, which was done in 1969. It says whether it's judicial or quasi judicial, you have a right to motion, you have a right to file a petition, and you're allowed to bring witnesses, you're allowed to present your arguments and evidence, you're also covered under the due process clause requiring that you are guaranteed a hearing. If you request it. 

It also goes further in the goldbrick Miss Goldberg decision that it says whether it's administrative action, or judicial action, you have a right to a hearing. And the reason for mentioning this case is that I've talked to many gentlemen, regarding my videos as well as their cases. And they often said to me, Well, it's being rejected, I take it to the front desk, and the clerk says I have to ask the judge or the magistrate for permission. Well, let's look further into that in relation to a Goldberg case. There's a case called greasy versus Shane swit. 

In New York, that's the Appellate Division of New York first department decided October 28 1986. And it says here in Part B, that a party cannot be deprived as a right to be heard on a substantive matter by simply denying him or her the right to make a written motion on the record, nearby foreclosures opportunity for appeal. Next, he said in Supreme Court and Family Court of New York, this is a practice and they warn them of the danger of doing that. They also put in this decision that if for any reason you're rejected from filing a motion, that rejection must be done, not orally. But on the record, in other words, they need to sign for it. They need to put it in writing that they've rejected you. 

That way they cannot escape this constitutional requirement. I'm sure New York, but across all the other 50 states, they have a similar law that covers this. You have a right to file a motion or a petition. No judge, magistrate or clerk or desk can not give you that, right? Also, if they do not, you take their name down, you write it down. And you said that this particular person prevented you from filing a motion, which is a constitutional right now, how would you go about doing that? And why I keep saying this, because the tunnel for the agency. As you know, it's a single and separate agency, their goal is to prevent you they put limits on you, on how you file paperwork or why you file paperwork, their goal is to prevent you from entering the court system judicial system. 

As you know, the single state agency operates under the administrative law, not judicial law. And so their goal was to keep you from that. So they're going to put limits they'll tell you, well, there are too many paperwork. Well, we can't do it right now the person who is in charge of it is saying no, or let the ask the judge, they're going to put limits. The Gober case and the greasy case says, there are no limits. We have a video call the thin your rights, if you want to review that to understand how to exercise your rights, but understand that the title for the agency, have no intention to allow you to modify that child support payment.

Chris H  11:41  
So how if you were rejected, how do you get remedy? Again, the remedy for not filing that paperwork? Well, the decision is more now versus New York State Department of Social Services. The justices says that it's through lawsuit against state officials were compliance with the Constitution, federal law is available to you under ex parte young under the supremacy clause. And that is title 42 1983 was intended as a remedy, broadly construed against all forms of official violation of federally protected right. Again, all forms, that includes the judge who says you can't file a motion, including the clerk at the front desk. Again, it's broadly construed to cover that.

Chris H  12:41  
Next, we said now that you understand that you have a right to emotion, you can file a motion and they cannot prevent you. Most men are enrolled in a title for the program. We've said this on this channel many time I always repeat it just as for those of you are, this is the first time you're listening to it. And that is all men are enrolled in the title for the program under 45 CFR 264 point three zero.

Chris H  13:15  
What about moms? Well, if the fathers want to file modification, obviously a downward modification during this pandemic, mom is going to resist, you're going to file an objection to that. That is okay. But understand this the case of school blessing versus Freestone. And that is the title for the program was never intended to benefit either mom or the child. In other words, it's between the state and the federal government. So mom may have her mother may have an objection to it. That is okay. She has a right to object. But understand that there is no authority that says her objection supersedes yours under blessing versus Freestone. 

Because there is no benefit whether she if she gets a right to the program, or not a right to the program. So now we understand that through in this pandemic that what we're doing is we're going to file a downward modification for the support order. And in most cases, we're going to file to eliminate the arrears or the interest. As we've said, If you delay filing a motion, it cannot be retroactive. As of that date, it's of the filing date going forward. Second, we will look at the ways in which you can terminate your child support order or eliminate that. Now many people say that, well, you're getting more involved in the agency, you should be separating yourself from it. I agree on all those points. But right now during this pandemic, there are steps you need to take If you decided to do a modification, and we're going to provide some suggestions, again, you're free not to do so. But we'll provide some suggestions.

Chris H  15:16  
The first suggestion we have is we have video call. The non custodial parent can take a tax break for, for their dependent that is the Father, which usually father is labeled as a noncustodial. There's a tax break available. Again, this unit that may not fit your criteria, but it's worth looking at, if that's an opportunity. Next are the 1099 workers. I've said this and we have many videos on this 1099 workers are the only group of people who are not included in the Child Support Program. Again, the 1099 worker, an independent worker and business person has the authority not to be included in the Child Support Program. In fact, the employee manual for child support from the federal agency also says that as well. I've managed to men I've talked to on their cases. And they said, 

Well, you know, the state laws such as New York, Minnesota, Illinois, all have state laws that says independent workers are mandatory in the program. And, again, I entertain those compensation. But recognize this, that the supremacy clause prevents any state from superseding that provision of the child support on 10, nine, nine workers. As the supremacy clause says, Article six, paragraph two of the Constitution, United States, no state can create any law that circumvents federal law. So as we're going through this, I like to quote this case, and I may hear many arguments that Well, that doesn't happen in my state. Well, here's a case the state of Minnesota, its appeal. It's obvious, it's a marriage appeal. And the issue was, the wife, in this case, had a Subchapter S LLC Corporation, and the corporation had a distribution. 

Now, the amount of distribution when you review the case, is a lot it's over a million dollars, but a portion of that was distributed to the wife and the husband wanted to challenge that before the court because in Minnesota, they have a law that says independent workers business, they can include income. Well, here's a decision from judge Ross. Again, this is a 2012 case. He reversed the decision, the magistrate declared a distribution to the to the wife, and therefore declared it income for a calculation of child support. Judge Ross came back and says, you cannot and I have the decision here on the screen, it says it is reversed. You cannot take a distribution from an LLC and reclassified and re label it as if it's income, you don't have the authority states do not have the authority or the delegation to override the folks that are independent contractors, business people LLC, they do not and this is one case, I have many case, but you could use this case, in your paperwork. 

Here we are at our call to action. Whereas as we were saying, or through the video, that modification during this pandemic is an opportunity to file using the case laws. And it's 45 CFR three or 3.106. So the three ways that we discussed was we could use the a 332 IRS Form, you could use the 1009 provision, or just a regular downward modification, using Turner vs. Rogers, if you'd like this screenshot here, where you could put a date and time and put it on the wall or in your office, your home office to remind you that if you are on child support, while we're going through this economic as well as pandemic, that filing a modification is one of the ways that you could take advantage of the time while you're at home. So, thank you for listening to this presentation. As always, if you disagree with anything in the video, please reach out to us at our email. We also ask that please like and subscribe and also hit the notification bell on this YouTube channel. In addition, we ask for a small donation just to help us to do our research because it takes time to do the research to find the proper case laws that you use in your case, and how to go about the strategies that we predict. And as always, the purpose of this channel is to assist you in separating from a Child Support Program.

Chris H  20:18  
We're at the end of the presentation and there's some other videos on here that we would like to for you to preview and our message to you is, be safe during this difficult time and do not panic and thank you